Journal of the Senate of the State of Georgia regular session, commenced at Atlanta, Georgia, Monday, January 10, 1966 and adjourned Friday, February 18, 1966

JOURNAL
OP THE
SENATE
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 10, 1966 and adjourned Friday, February 18, 1966
1966 Longino & Porter, Inc.
Atlanta, Ga.

OFFICERS
OF THE
STATE SENATE 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.......__._....
DOUGLAS COUNTY

Journal Clerk

ANN DUNCAN. ........ ._._.__-_____.. ..... .--.........Calendar Clerk
FULTON COUNTY

ROBERT G. DWELLE.._________,,______ .... .Messenger
JENKINS COUNTY

HENRY C ASTLEMAN _____________ ______________ ..Doorkeeper
FULTON COUNTY

ANN WEBB. ....... ...... ..... .............. Message Clerk
FULTON COUNTY

SENATE JOURNAL

Senate Chamber, Atlanta, Georgia, Monday, January 10, 1966.

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 Dr. Eoy McClain, pastor, First Baptist Church, Atlanta, Georgia.

The president pro tempore of the Senate presented the Honorable I. W. Gregory, Jr., newly elected senator from the 15th District, to the Senate.

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

SECRETARY OF STATE Atlanta, Georgia July 20, 1965

Honorable Peter Zack Geer President of the Senate State Capitol
Atlanta, Georgia
Dear Sir:
I hereby certify that the consolidated returns on file in this office of Special Election held on the 14th day of July, 1965, in the Fifteenth Senatorial District, for the purpose of electing a Senator to the General Assembly shows the following result:

Democratic Party: R. C. Johnson __._____.________._Received__.-____._-_~__ 3587 votes

Republican Party: I. W. (Bill) Gregory, Jr. _____________Received_.________________ 4627 votes

Write-in: Harry Dicus ______________________.Received_________.,,_____..____

1 vote

Given under my hand and seal of office on this the 20th day of July, 1965.
/si Ben W. Fortson, Jr. Secretary of State

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JOURNAL OF THE SENATE,

The following transcript of the oath of office of the Honorable I. W. Gregory, Jr., was filed with the secretary:

I, I. W. Gregory, Jr. do hereby solemnly swear and affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State.
I further swear that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several States, nor of any foreign State, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia; that I am not a member of the Communist Party; that I have no sympathy for the doctrines of communism; that I will not lend my aid, my support, my advice, my counsel nor my influence to the Communist Party or to the teachings of communism, and that I will refrain from directly or indirectly subscribing to or teaching any theory of government or economics or of social relations which is inconsistent with the fundamental principles of patriotism and high ideals of Americanism.
So help me God!
/s/ I. W. Gregory, Jr.
Sworn to and subscribed before me, this 17th day of August, 1965.
/s/ Carlton Mobley Associate Justice Supreme Court of 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 Gregory 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

MONDAY, JANUARY 10, 1966

7

Senator Webb of the llth asked unanimous consent that the following be established as the order of business for today:

1. Reading and adoption of privileged resolutions.

The consent was granted.

The following resolutions were read and adopted:

SR 1. By Senators Webb of the llth and Jackson of the 16th: A resolution to notify the House of Representatives that the Senate has convened; and for other purposes.
SR 2. By Senators Webb of the llth and Jackson of the 16th: A resolution adopting the Rules of the Senate; and for other purposes.
SR 3. By Senators Gregory of the 15th, Webb of the llth and Wesberry of the 37th: A resolution expressing support to the United States Government in its Viet Nam policy; and for other purposes.
The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has adopted the following resolutions of the House to-wit:

HR 1. By Messrs. Smith of the 90th, Harris of the 118th, Hale of the 1st and Busbee of the 79th:
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 the 90th District 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 the 90th, Harris of the 118th, Hale of the 1st and Busbee of the 79th:
A resolution to notify His Excellency, the Governor, that the General Assembly has convened in regular session and is ready for the trans action of business.

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JOURNAL OF THE SENATE,

The Speaker appointed on the part of the House the following:

J. T. Byrd of the 28th District Nathan D. Dean of the 20th District Jack P. Etheridge of the 123rd District A Sid Johnson of the 25th District Chappelle Matthews of the 29th District Colquitt H. Odom of the 79th District B. Jack Sullivan of the 95th District

HR 5. By Messrs. Smith of the 90th, Harris of the 118th, Hale of the 1st and Busbee of the 79th:
Providing for a joint session of the House and Senate for the purpose of hearing a message from his Excellency, Governor Carl E. Sanders, and providing for an escort committee.

The Speaker appointed on the part of the House the following:
D. B. Blalock of the 33rd District John P. Collins of the 62nd District Mobley Howell of the 86th District W. Harvey Jordan of the 78th District Otis Spillers of the 37th District William B. Steis of the 100th District William J. Wiggins of the 32nd District

Senator Hill of the 29th, Chairman of the Committee on Senate Administra tive Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the House of Representatives.
SR 1, SR 3.
Respectfully submitted, Hill of the 29th District, Chairman.

MONDAY, JANUARY 10, 1966

9

The following resolutions were read and adopted:

HR 2. By Messrs. Smith of the 90th and Busbee of the 79th: A resolution to notify the Governor that the General Assembly has convened; and for other purposes.

The president appointed as a committee to notify the Governor, the following:
Senators Webb of the llth, Moore of the 31st, Holloway of the 12th and Tribble of the 3rd.

HR 5. By Messrs. Smith of the 90th and Busbee of the 79th:
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 Webb of the llth, Gillis of the 20th, Smalley of the 28th, Maclntyre of the 40th, Thompson of the 34th, Holley of the 22nd, Miller of the 43rd and Lee of the 47th.

Senator Webb of the llth moved that the Senate do now adjourn until tomorrow morning.

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

10

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia, Tuesday, January 11, 1966.

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 Reverend James Chalmes Holmes, pastor, First Baptist Church, Cochran, 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 read 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.

Senator Webb of the llth moved that the Senate stand adjourned at the conclusion of the joint session until tomorrow morning, and the motion prevailed.

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

SB 1. By Senator Webb of the llth:
A bill to provide that the holding, owning, having in possession of or paying the tax for a wagering occupational tax stamp, or for paying the special tax on certain coin-operated devices issued by the Internal Revenue Authorities of the United States shall be held in all the courts of this State as prima facie evidence against the person holding such stamp in any prosecution of such person for violation of the gambling laws of this State; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 2. By Senator Bateman of the 27th:
A bill to amend Code Section 59-112, relating to persons exempt from jury duty, as amended, so as to provide the persons who shall be en-

TUESDAY, JANUARY 11, 1966

11

titled to exemption from all jury duty; to provide the procedure con nected therewith; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 3. By Senator Smalley of the 28th:
A bill to create the Superior Court Judges and Solicitors General and Judges and Solicitors of Inferior Courts Retirement Fund; to provide a short title; to provide for definitions; to provide that said Fund shall be administered by the Board of Trustees of the Employee's Retirement System; and for other purposes.
Referred to Committee on Judiciary.

SB 4. By Senator Smalley of the 28th:
A bill to amend Code Section 81-202, relating to the service of process in civil actions, as amended by an Act approved February 1, 1946 (Ga. Laws 1946, p. 761), and an Act approved December 22, 1953 (Ga. Laws 1953, Nov-Dec Sess., p. 440), so as to delete therefrom those provisions permitting the defendant to be served by leaving a copy of the petition and process at the defendant's residence; and for other purposes.
Referred to Committee on Judiciary.

SB 5. Senator Smalley of the 28th:
A bill to amend an act known as the "Municipal Home Rule Act of 1965", approved March 26, 1965 (Ga. Laws 1965, p. 298), so as to change and clarify the provisions relating to the calling of referendum elections; and for other purposes.
Referred to Committee on Rules.

SB 6. By Senator Smalley of the 28th:
A Bill to amend Code Chapter 39-6, relating to the satisfaction of exe cutions, so as to provide for the entering upon the fi. fa. of part pay ments made on judgments; to provide for the cancellation of executions; and for other purposes.
Referred to Committee on Judiciary.

SB 7. By Senator Smalley of the 28th:
A bill to provide that it shall be unlawful for any person, firm or corporation, to operate or allow to be operated any truck, motor vehicle or other vehicle engaged in hauling or carrying any mixture which may be dislodged from said vehicle on the public roads of this State

12

JOURNAL OP THE SENATE,

without having same covered or enclosed or without having taken any protective measures; and for other purposes.
Referred to Committee on Highways.

SB 8. By Senator Kendrick of the 32nd:
A bill to amend Code Chapter 32-5, relating to the election, qualifica tions and duties of the State Superintendent of Schools, as amended, so as to fix the compensation of the State Superintendent of Schools; and for other purposes.
Referred to Committee on Educational Matters.

SB 9. By Senator Wesberry of the 37th:
A bill to amend an act requiring employees of the State to take a prescribed loyalty oath, approved February 23, 1949 (Ga. Laws 1949, p. 960), as amended, so as to provide for an amended oath form, and for other purposes.
Referred to Committee on Rules.

SB 10. By Senator Gregory of the 15th:
A bill to provide for the maximum hours of work allowable for certain full-time paid firemen; to provide for the procedure connected therewith; to provide that the maximum number of hours that such firemen shall work shall not apply in cases of emergencies; and for other purposes.
Referred to Committee on Industry and Labor.

SB 11. 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; and for other purposes.
Referred to Committee on Educational Matters.

SB 12. By Senator Sanders of the 41st:
A bill to provide for the issuance of special motor vehicle license plates to owners of motor vehicles who desire any combination, up to six in number, of alphabetical characters; to provide for the procedure relative to the issuance of such plates; to repeal conflicting laws; and for other purposes.
Referred to Committee on Rules.

TUESDAY, JANUARY 11, 1966

13

SB 13. By Senator Sanders of the 41st:
A bill to amend Code Chapter 34-6 relating to registration of electors, so as to change the provision relating to residence requirments for registering and voting; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Rules.

SB 14. By Senator Sanders of the 41st:
A bill to provide that any person who is 18 years of age or older and who is married may bind himself by contract as though said person were 21 years of age or older, and said contract shall be enforceable as though said person were 21 years of age or older; and for other purposes.
Referred to Committee on Judiciary.

SB 15. By Senator Sanders of the 41st:
A bill to amend Code Section 92-6402, relating to the requirement that taxes be paid to that county in which the property taxed is required to be returned for taxation, as amended by an Act approved March 10, 1964 (Ga. Laws 1964, p. 328), so as to change the procedure for the payment of taxes which are due in certain counties; and for other purposes.
Referred to Committee on Banking and Finance.

SB 16. By Senator Sanders of the 41st:
A bill to amend Code Title 113, relating to wills, descent and distribu tion, and the administration of estates, as amended, by an Act approved March 25, 1958 (Ga. Laws 1958, p. 657), and an Act approved March 10, 1959 (Ga. Laws 1959, p. 136), so as to provide that wills may be attested before an officer authorized to administer oaths; and for other purposes.
Referred to Committee on Judiciary.

SB 17. By Senator Ballew of the 50th:
A bill to change the terms of the Superior Court of Fannin County; and for other purposes.
Referred to Committee on Judiciary.

SB 18. By Senator Ballew of the 50th:
A bill to change the terms of the Superior Court of Pickens County; and for other purposes.
Referred to Committee on Judiciary.

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JOURNAL OF THE SENATE,

SR 4. By Senator Webb of the llth:
A resolution amending the Rules of the Senate, Senate Rule 198, by adding the following, "Retirement--7" and for other purposes.
Referred to Committee on Rules.

SR 5. By Senator Sanders of the 41st:
A resolution creating an interim committee to study collection agencies and collection practices of lending institutions; and for other purposes.
Referred to Committee on Rules.

SR 6. By Senator Sanders of the 41st: A resolution calling a Constitutional Convention; and for other purposes.
Referred to Committee on Rules.

SR 7. By Senator Kendrick of the 32nd:
A resolution designating the J. M. "Hoot" Gibson Bridge; and for other purposes.
Referred to Committee on Highways.

SR 8. 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 Con stitution; to provide for the submission of this amendment for ratifica tion or rejection; 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 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.
Referred to Committee on Rules.

SR 10. By Senator Sanders of the 41st:
A resolution proposing an amendment to the Constitution so as to change the residence requirements for voting; to provide for the sub-

TUESDAY, JANUARY 11, 1966

15

mission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Rules.

The hour of convening the joint session of the Senate and House, under the provisions of HR 5, having arrived, the president, accompanied by the secretary and the senators, proceeded to the hall of the House of Representatives. The joint session, called for the purpose of hearing an address by His Excellency, Governor Carl E. Sanders, was called to order by the president of the Senate.

Governor Sanders, accompanied by the committee of escort and other dis tinguished guests, appeared upon the floor of the House.

His Excellency, the Governor, was presented to the joint session of the House of Representatives and the Senate by the Honorable Peter Zack Geer, Lieutenant-Governor, with appropriate remarks.

His Excellency, the Governor, addressed the joint session with the following remarks:
LIEUTENANT GOVERNOR GEER, SPEAKER SMITH, DISTINGUISHED MEMBERS OF THE HOUSE AND SENATE, HONORED GUESTS, MY FELLOW GEORGIANS:
Today as I appear before you chosen representatives of the people of Georgia, I do so with full confidence and respect.
On yesterday, the House of Representatives of this General As sembly faced an almost unprecedented and difficult task.
It was acted upon with dignity and a proper sense of responsibility by all concerned.
This is as it should have been.
This is as Georgians would have it done.
Let me assure you that, as Governor, I will do everything possible to see that the orderly processes of government, and the deliberations of the General Assembly, will neither be interrupted nor interfered with by anyone.
No legislative body in our State's history has ever had greater opportunity for service, or greater responsibility for constructive ac tion, than you who sit in this truly representative and independent body.

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JOURNAL OF THE SENATE,

Our beloved Georgia is a young and vibrant State with her best years still ahead. Her accomplishments are great, but they should never satisfy our desire to strive for further goals that are within our reach.

And now, let me begin by reporting to you what has been accom plished through dedication, unity of purpose and hard work.

On this the eleventh day of January, 1966, the State of our State is truly magnificent!

Three years ago this month, this Administration came to office pledged to give Georgia citizens a competent, honest, morally respon sible effective and constructive government.

We have fulfilled our promise!

Never before has such a record of achievement and progress been written on the enduring leaves of Georgia's history. This could not have been accomplished without a true and working partnership be tween the legislative and executive branches of our government.

Our works are seeds sown in the fertile soil of Georgia, to grow and be harvested for years to come.

Our stewardship--yours and mine--will not be judged solely by changes we make in our State, but by those changes which make our State what it ought to be.

The strides we have helped Georgia make are many, and the enthusiastic achievements of our people, from one end of Georgia to the other, are truly impressive to behold.

These transformations did not come about simply by word or creed, but by action and deed.

We, you and I, in partnership with the people, have guarded against complacency, which, far too often, has made the inferior acceptable, and the superior unattainable.

Working together we have tilled Georgia's fields of opportunity, so that now our 4-million, 400-thousand fellow-citizens are reaping the abundant harvest.

Unemployment in Georgia today is only 1.4 per cent, the lowest in the history of our State, among the lowest in the Nation, 50 per cent lower than the national average. Contributing to this healthy condition is the fact that, in the past three years, we have added more than 40,000 new industrial jobs.

The sale of Georgia's agricultural products reached an all-time high of nearly $l-billion dollars in 1965.

TUESDAY, JANUARY 11, 1966

17

Construction of all types is setting new records, surpassing the $l-billion-dollar mark in 1965 for the third consecutive year.
The personal income of our Georgia citizens since January of 1963 has increased by $l-and-one-half-billion dollars.
These economic barometers reflect the record of this Administration in progress, development, growth, and in responsible action.

Now, let's look at that record:

We have revitalized Georgia education.
By the time this Administration closes its books, we will have opened the doors of our schools to 75,000 new students, and we will have provided for 10,000 new teachers and other certified professional personnel.
We have financed salary increases totaling $1,200 a year for our public school teachers, and we have made salary advancements averaging 25 per cent for our college professors and instructors.
We have enriched the school programs by including, for the first time Statewide, librarians, counsellors, visiting teachers, and curriculum directors.
The number of our college students already has increased 50 per cent.
Graduate and professional enrollment has increased 135 per cent since the beginning of this Administration.
More than 6,000 classrooms will have been financed for the State's public school system by next January.
Our State and local funds put into elementary and secondary schools buildings during this Administration, will almost equal the total amount expended during the previous two Administrations com bined.
We will have financed $162-million dollars worth of college con struction. This sum represents $40-million dollars more than the total of funds expended for college construction during the entire 32 years of the University System's previous existence.

Pour junior colleges--Armstrong at Savannah, Augusta College, Columbus College, and Georgia Southwestern at Americus--have been elevated to a four-year, degree-granting status.

Eight junior colleges will be opened or under construction by next January, and preliminary planning for three more is under way.

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JOURNAL OP THE SENATE,

State aid has been expended to local authorities in effecting con solidation of more than 100 small schools.

This Administration is helping 1.360 Georgia boys and girls, who otherwise might have been denied the opportunity, to get a college education. It is doing this through more than $l-r"il1ion dollars in State guaranteed loans, approved by the Georgia Higher Ed'ipafion Assistance Corporation which was inaugurated six months pgo. Now, no Georgia child is denied the opportunity of a college education.

I know that you share with me the pride of having been a part of this our State's College Education "Bill of Rights."
We will have opened or financed 22 area vocational-technical schools, including the world's largest here in Atlanta, for 20 000 Georgia boys and girls, men and women, who seek to gain technical skills that are necessary today to earn a living in our competitive society.
Georgia's educational television network of nine stations is nearing completion and we have provided 77 per cent of the total funds.

In summarizing our efforts for education, let me point out that $l-billion, 602-million dollars in total funds will have been expended for education of Georgians during this Administration.
This assures continuing quality education, and that is our legacy to all generations to come.
In the field of mental health, operating funds have been increased by 48 per cent during the last three years. Capital outlays totaling some $45-million dollars have been provided for additional buildings to treat our mentally ill.
This is the largest percentage increase ever for mental health programs in Georgia.
The Georgia Mental Health Institute, which we opened in Atlanta in November to serve all Georgians, is a model for the Nation.
For years, thousands of our children have waited in vain for ad mission to the Gracewood Hospital and Training School. This Admini stration is financing and building a $19-million, 800-thousand dollar, 1,000-bed mental retardation center in DeKalb County, in order that the needs of these children may finally be met.
Assistance programs for the senior citizens, the disabled, and the blind, whose need is great, topped the $100-million dollar mark during this Administration, and aid to our dependent children increased $6,500,000 dollars in the same period, now providing more adequate funds for our fellow-citizens who must look to the State for help.
During this Administration $750-million dollars will have been provided for highway improvements, and 677 miles of interstate high ways will either be completed or under construction.

TUESDAY, JANUARY 11, 1966

19

We have revolutionized the penal system of Georgia by enacting measures designed to rehabilitate, rather than punish. We are building an $8-million dollar maximum security prison and diagnostic center in Butts County.

We have inaugurated a prison industries program.

The notorious Rock Quarry at Buford has been transformed into a training and evaluation center, and this year, at Alto, we are going to construct the first vocational-trade school for our youthful offenders.

We are determined to see that any individual in our prison system will be helped so that he can return to society as a useful and produc tive citizen.

The Georgia Department of Industry and Trade has been reorga nized, and is now carrying on the most successful program of industrial development in our State's history. In fact, Georgia just this month was recognized by the Society of Industrial Realtors of the United States and Canada, as having the best program for industrial develop ment in both Nations.

In the past three years, we have acquired 347 new industries, and 424 existing industries have expanded in our State, at a capital invest ment well in excess of $500-million dollars.

A significant factor in this industrial advancement has been the construction of community airports by this Administration. A total of 61 will have been built by the end of this year, that is, nearly twothirds of all the airports constructed in this State since the beginning of aviation. This program establishes Georgia as the Nation's Number One in airport development in the past two years.

Further, I am delighted to announce to you that I am instructing the Planning Division of the Department of Industry and Trade to inaugurate a Statewide planning program, designed to provide direc tion for the physical, social, and economic development of all Georgia. This program will begin immediately, and will be available to any level of local government in our State.

Tourism and recreation in Georgia today have been developed into a billion-dollar business. Our income from tourism has increased by 80 per cent in the first three years of this Administration.

Our 37 State parks, with more than five-and-a-half million visitors in 1965 alone, have had an increase in attendance of over 50 per cent in the last three years.

In recognition of this popular demand, our Administration has pro vided nearly half of all the funds for operation and improvement of State parks since the creation of the Parks Department 30 years ago.

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JOURNAL OF THE SENATE,

Jekyll Island and Stone Mountain have experienced their greatest period of development during this Administration, and they are setting new attendance records daily.

Five Tourist Welcome Stations will have been financed and con structed by this Administration, providing hospitality and information to Georgia visitors.

We have opened 2-million acres for public hunting, and we have added public fishing ponds for the pleasure of thousands of Georgia sportsmen and their families.

The Georgia Historical Commission, with the largest budget ever, is developing and preserving historical sites and monuments over the entire State for the benefit of all our citizens and visitors.

In agriculture, our farms are producing more, and on less acreage, than ever before. The cash income from crops alone amounted to more than $450-million dollars in Georgia last year. This was truly a banner year for the farmers of Georgia.

Our Forestry Department, one of the Nation's finest, sold threeand-one-half million pine seedlings in 1965, and Georgia now ranks first of all states east of the Mississippi in the volume of its forest products.

Thirteen State Patrol Stations will have been constructed or re novated, and 110 men added to the force. We also have granted State Troopers their first pay increase in five years.

The State Police Academy, which was financed and built by this Administration, will accept its first class this spring.

The Georgia Bureau of Investigation, with added authority, has Been transformed into an effective, modern, and professional investiga tive branch.

Our State Department of Veterans Services also is keeping pace with the times by instituting, later this week, comprehensive counseling services for widows and dependents of Georgia's heroic fighting men in Viet Nam.

We have extended the Merit System coverage to 6,000 career State employees, who previously were denied this basic protection and security by the State.

We have adjusted pay scales to make the State Government more competitive in obtaining qualified, career personnel. By the end of this Administration, a three-step salary increase will have been granted to our State employees.

We have instituted a personnel training program designed to im prove the competence of State employees, and next summer we are

TUESDAY, JANUARY 11, 1966

21

beginning an internship for selected college students, who are inter ested in Georgia State Government.

For the first time in the history of our State, a self-insurance program has been inaugurated by this Administration, and it will save our taxpayers $500-thousand dollars a year.

We created the Governor's Commission on Efficiency and Improve ment in Government, which has undertaken comprehensive studies of departmental policies and practices, and recommended ways and means for improving them.

I am particularly pleased with the legislative approval given our program for direct aid to our cities. It was during this Administration that, for the first time, the municipalities of Georgia received a recur ring appropriation, and then were granted an increase in funds that made them a full partner on the organizational chart of government.

In my judgment, our cities and towns face the greatest opportunity for service to the public of any time in history. In spelling out the supplemental budget recommendations to you in a few moments, I will reveal still further avenues for helping Georgia's urban centers capture this new opportunity.

In continuing to pioneer programs that bolster the efforts of our cities and towns to better serve their citizens, we do so because it is our belief that our duty as State officials is not merely to see what lies dimly in the future, but to do what lies clearly at hand.

Last but certainly not least among the major accomplishments of this Administration, will be the surplus that we will leave the next Administration and the next General Assembly.

While our fiscal officials inform me it is too early for an exact prediction of what the surplus may be, it is anticipated that it will be more than $40-million dollars, and it may go as high as $60-million dollars.

In any event, it should be three to four times as great as that on hand when this Administration took office in January of 1963.

This will be the largest surplus ever left by any Administration to a succeeding Governor.

In this context, I point with pride to the factors of sound fiscal re sponsibility, economy, and efficiency in Government, through which this surplus is being accumulated.

We are now in a new era in Georgia.

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JOURNAL OF THE SENATE,

We have met the challenges of congressional redistricting and legislative reapportionment, and we have succeeded when other states have not.

And now, ladies and gentlemen, to the work before us. The achievements of yesterday will not suffice for the tasks of today, or for the opportunities of tomorrow.
As we move into 1966, the citizens of Georgia have every right to expect that this session will be a productive and constructive one, and that our unfinished business will receive our undivided attention.
So today, I put before you for your consideration, a positive pro gram of legislative action.
This program includes recommendations for a supplemental ap propriations bill of $18-million, 555-thousand dollars, to meet the con tinuing needs of the citizens of Georgia.
A copy of the Supplement to the Governor's Budget Report for the 1965-67 Biennium has been placed on your desks.
It contains detailed information on the supplemental budget recom mendations, agency by agency, so therefore, I will touch only on the major points at this time.
Chief among the budgetary recommendations are those items deal ing directly with our continuing program of educational improvement, both in our public schools, and in the colleges and universities.
I am firmly convinced, as I believe that you and the people of Georgia are, that educational opportunity is our key to the future.
It is upon such that our security and our destiny, both as a State and as a Nation, rest.
It is also our solemn debt, from the present to the future generations of Georgians.
In order to further spur our efforts toward both quality and quantity in Georgia's education programs, I am recommending that $3,365,000 dollars be appropriated to the State Department of Educa tion for our elementary and secondary schools, and $3,125,000 dollars go to the Board of Regents for our colleges and universities.
These appropriations will be used principally for building new public school classrooms and college facilities, and for the consolidation of schools.

TUESDAY, JANUARY 11, 1966

23

An item of $100,000 dollars in the Education Budget will be used to establish a pilot area-wide educational services program, through which school systems can share specialized personnel across county and system lines.

In addition, I am recommending that $200,000 dollars be set aside for inaugurating the first Statewide driver education program in the secondary schools of Georgia.

For the Department of Public Health, I am recommending $3million, 475-thousand dollars for funding the construction and staffing of two new regional mental health hospitals, with a total of 850 beds, and for staffing and operating two existing facilities, with a total of 1,200 beds, at Thomasville and Bainbridge.

There is also included $830-thousand dollars for the expansion of community level mental health programs and services throughout the State.

With this expenditure, this Administration will have put more money into our mental health programs than any other Administration in Georgia history.

For the Statewide probation program, I am recommending suf ficient funds to advance the appointment of eight officers authorized in last year's Appropriations Bill, and the addition of eight new officers on July first.

By so doing, we will reduce the average caseload per officer to 135, far lower than the 200-plus caseload each officer carried when this Administration began.

This will be money well spent, for each inmate in a State prison costs our economy $4,430 dollars a year, while each probationer costs the State only $85.60 a year.

For the Law Department, I am recommending sufficient funds to permit the Attorney General to employ three additional assistants to help carry the burden of State litigation.

For the Department of Industry and Trade, my recommendation includes $198-thousand dollars for expanded and increased departmental operations, and $250,000 dollars for continuing the State's progressing program of airport development.

For the Revenue Department, which also has done an outstanding job during this Administration, I am recommending a million dollars, to meet the growth needs of this Department because of expanded opera tions and increased work-load.

Additionally, I am recommending:

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$281,000 dollars for the Agriculture Department so that it may pursue and expand several research programs, and continue its develop ment and improvement of the Farmers Market at Columbus;
$350,000 dollars as the State's share for beautifying the area be tween the State, City of Atlanta, and Fulton County centers of Gov ernment, as an attractive public park, with an underground parkingfacility;

$400,000 dollars for completion of the six regional youth develop ment centers, approved by the Legislature last year;
$145,000 dollars to the Department of Public Safety for the pur pose of purchasing automated filing and microfilming equipment;
$125,000 dollars to the Science and Technology Commission so that the State's program of scientific research may be expedited and carried out; and

$562,000 dollars to implement the teacher retirement law, per mitting public school educators to retire at 63, rather than the present 65 years of age.

As you know, under our Constitution all funds collected as motor fuel taxes must be allocated to the State Highway Department. There fore, $4,105,000 of such funds are included in this supplemental budget recommendation.

After conferring with Highway Department officials, I am pleased to announce today that $l-million dollars will be budgeted in 1966 to study, and to plan, traffic and transporation programs in our metro politan areas.

In addition, a budget of $400,000 dollars for the calendar year 1966 will be established by the Highway Department to finance a traffic safety program, including the use of highway mileage markers, and the employment and training of safety engineers.

The implementation of these proposals, coupled with the recent activation of the Georgia Safety Council, will thus provide our State with the first real highway safety program in history, and will allow us to take a major step forward in our efforts to relieve urban traffic problems.

This is an opportunity for all levels of Government to work to gether, and I predict success for this newest program of progress and safety.

Among other legislative matters which this Administration will present to you for your consideration are several of immediate signi ficance, and others of more long-term application.

TUESDAY, JANUARY 11, 1966

25

We must insure proper game and fish conservation in Georgia. Our State ranks near the top in the number of hunting and fishing licenses sold, but near the bottom in license revenue. We will, therefore, introduce a bill unanimously endorsed by all conservation and sportsman organizations in the State, increasing the hunting and fishing fee by only $1.00.

This modest increase will insure proper game and fish conserva tion, and it would assure our children and grandchildren that they, too, will know the pleasure of hunting and fishing a generation from now.

Among other bills to be offered will be one authorizing the State to require an audit of city and county highway fund grants. Such funds are designated for specific purposes, and I believe it only right that the taxpayers of Georgia have the benefit of an accounting of their use.

Another measure will require that the ad valorem tax be paid on a motor vehicle at the time the tag is purchased. By enacting this bill into law, the General Assembly will guarantee the collection of millions of dollars in ad valorem taxes that now go uncollected at the local gov ernmental level, and assure all Georgians that every vehicle owner will then pay his fair share of local taxes.
Tax relief by government at any level is a rare privilege, one which I am delighted to exercise today, by submitting to you a measure which provides for a special income tax exemption of $600-dollars, above and beyond all other existing exemptions ... to cover all students beyond the high school level.
This includes students in our colleges and vocational-technical schools. This new law will give relief to thousands upon thousands of hard-pressed Georgia parents who must undertake heavy financial bur dens in sending their children through college.

There will also be four amendments in the field of education which were approved by the Legislature in the constitutional revision, which was kept off the ballot by the Federal Court. One is to facilitate school system mergers. Another is to simplify the selection of county super intendents and education boards by local option. Another would enable a millage increase, under specified condition, for local school financing, and the fourth permits the local bonded indebtedness to be increased from seven to ten per cent for school purposes.

We are also going to introduce a bill to give free drivers license for Viet Nam War Veterans.

To fully recognize their contributions to government, we will ask that the Commission on the Status of Women, and the Youth Advisory Council, be granted statutory approval.

An important change in our election code will be contained in a constitutional amendment permitting citizens who move to Georgia, and

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who are registered in other states, but wish to vote here, to do so within a reasonable time as established by the General Assembly.

I believe it is time also for us to take a careful look at means of expediting rapid transit for our expanding urban centers. We need to free the General Assembly of constitutional restriction from direct fund appropriations for such a system, and this I recommend to you. By so doing, our cities will be better prepared to establish a rapid transit system when Federal matching funds become available, and, at the same time, we would thereby make more money available for highway con struction in other areas of the State.

There is still another public concern, one which must be covered by legislation. I refer to crime control. Georgia truly is a "big league" State today in many ways, and has therefore become more attractive to organized crime. We now have major league football and baseball franchises, and it is our vigilant duty to take all steps necessary to keep the corrupting influence of syndicated criminal activity out of Georgia.

This Administration will introduce measures to discourage any attempt at establishing syndicated gambling operations in Georgia, and will do all else that it can to suppress and eradicate crime of any kind in Georgia.

The bills I have mentioned that this Administration will intro duce, and those which time does not permit me to cover now, I sincerely recommend for enactment into law. I can assure you that my legislative program for this session is designed to help provide what each of us desires most, a better and more prosperous Georgia, with moral integrity, improved government, and progress as her eternal hallmark.

I am grateful that Georgia is blessed with men and women like you, and the dedicated officials of State Government, who know that the future is ours, to make or to mar.

We must and will work harder this session than ever before, for excellence will never be granted to us, it must be earned, and it will be the truest reward for our labor.

Good government is built upon trust and trust is built upon con fidence in one another's integrity to serve all citizens.

This Legislature has an opportunity that perhaps no other in modern times has been afforded: That is, eliminating -- once and for all --any division between urban and rural representation, and establishing forever the fact that we are one State, and that you represent one Georgia.
To paraphrase the words of the beloved hymn, "Come, Holy Spirit, Heavenly Dove," let me say:
"Come, you men who love this State, And muster all thy powers;

TUESDAY, JANUARY 11, 1966

27

And set an example of how to serve, In these challenging hours."

I pledge to you my service and my assistance, and I wish each of you Godspeed in your work.

Thank you.

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

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Senate Chamber, Atlanta, Georgia, Wednesday, January 12, 1966.

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 Reverend Cecil P. Thomas, pastor, First Baptist Church, Nahunta, 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 Gillis Gregory Hall Hill

Holley Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenize Noble Owens

Padgett Pennington Plunkett Rowan Salome Sanders Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Wesberry Yancey Young

Senator Gregory of the 15th reported that the journal of yesterday's proceed ings had been read and found correct.

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

Senator 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, JANUARY 12, 1966

29

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 resolutions of the House to-wit:

HR 14. By Messrs. Hawkins of the 139th District:
A resolution expressing support to the United States Government in its Vietnam Policy; and for other purposes.

HR 15. By Messrs. Hull of the 104th District-Post 2, Fleming of the 106th District-Post 1, J. W. Oglesby of the 92nd District and Howard T. Overby of the 16th District Post 2:
A resolution requesting that members of the armed forces travelling by air to ports of debarkation be given priority in the State of Georgia; and for other purposes.

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

SB 19. By Senator Thompson of the 34th:
A bill to amend an Act know as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide that any municipality lying within a county that has held an election in regard to this Act, the results of which were to allow the taxing, legalizing and control of alcholic beverages and liquors within said county, that the governing authority of said municipality may make a determina tion as to whether the taxing, licensing, manufacturing, distribution and control of alcholic beverages and liquors shall be allowed in said municipality; and for other purposes.
Referred to Committee on Temperance.

Senator Thompson of the 34th asked unanimous consent that SB 19 be engrossed.

The consent was granted.

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SB 20. By Senators Flowers of the 10th, Gayner of the 5th, Lee of the 47th and others:
A bill to amend Code Chapter 26-14, relating to assault and battery, as amended, so as to provide a new crime relating to persons assault ing or battering law enforcement officers; to provide definitions; to provide penalties; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SR 11. By Senators Johnson of the 42nd and Webb of the llth:
A resolution proposing an amendment to the Constitution so as to de clare public transportation of passengers for hire to be an essential governmental function and a public purpose for which the power of taxation of this State may be exercised and its public funds expended; and for other purposes.
Referred to Committee on Rules.

SR 12. By Senator Miller of the 43rd:
A resolution proposing an amendment to the Constitution so as to pro vide for a homestead exemption for disabled persons who are living on a fixed income; and for other purposes.
Referred to Committee on Rules.

The following bills and resolutions were read the second time:

SB 1. Senator Webb of the llth:
A bill to provide that the holding, owning, having in possession of or paying the tax for a wagering occupational tax stamp, or for paying the special tax on certain coin-operated devices issued by the Internal Revenue Authorities of the United States shall be held in all the courts of this State as prima facie evidence against the person holding such stamp in any prosecution of such person for violation of the gambling laws of this State; to repeal conflicting laws; and for other purposes.

SB 2. By Senator Bateman of the 27th:
A bill to amend Code Section 59-112, relating to persons exempt from jury duty, as amended, so as to provide the persons who shall be entitled to exemption from all jury duty; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.

SB 3. By Senator Smalley of the 28th:
A bill to create the Superior Court Judges and Solicitors General and Judges and Solicitors of Inferior Courts Retirement Fund; to provide

WEDNESDAY, JANUARY 12, 1966

31

a short title; to provide for definitions; to provide that said Fund shall be administered by the Board of Trustees of the Employee's Retirement System; and for other purposes.

SB 4. By Senator Smalley of the 28th:
A bill to amend Code Section 81-202, relating to the service of process in civil actions, as amended by an Act approved February 1, 1946 (Ga. Laws 1946, p. 761), and an Act approved December 22, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 440), so as to delete therefrom those pro visions permitting the defendant to be served by leaving a copy of the petition and process at the defendant's residence; and for other purposes.

SB 5. By Senator Smalley of the 28th:
A bill to amend an act known as the "Municipal Home Rule Act of 1965", approved March 26, 1965 (Ga. Laws 1965, p. 298), so as to change and clarify the provisions relating to the calling of referendum elections; and for other purposes.

SB 6. By Senator Smalley of the 28th:
A bill to amend Code Chapter 39-6, relating to the satisfaction of executions, so as to provide for the entering upon the fi. fa. of part payments made on judgments; to provide for the cancellation of ex ecutions; and for other purposes.

SB 7. By Senator Smalley of the 28th:
A bill to provide that it shall be unlawful for any person, firm or corporation, to operate or allow to be operated any truck motor vehicle or other vehicle engaged in hauling or carrying any mixture which may be dislodged from said vehicle on the public roads of this State without having same covered or enclosed or without having taken any protective measures; and for other purposes.

SB 8. By Senator Kendrick of the 32nd:
A bill to amend Code Chapter 32-5, relating to the election, quali fications and duties of the State Superintendent of Schools, as amended so as to fix the compensation of the State Superintendent of Schools; and for other purposes.

SB 9. By Senator Wesberry of the 37th:
A bill to amend an act requiring employees of the State to take a prescribed loyalty oath, approved February 23, 1949 (Ga. Laws 1949,

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p. 960), as amended, so as to provide for an amended oath form, and for other purposes.

SB 10. By Senator Gregory of the 15th:
A bill to provide for the maximum hours of work allowable for cer tain full-time paid firemen; to provide for the procedure connected therewith; to provide that the maximum number of hours that such firemen shall work shall not apply in cases of emergencies; and for other purposes.

SB 11. 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; and for other purposes.

SB 12. By Senator Sanders of the 41st:
A bill to provide for the issuance of special motor vehicle license plates to owners of motor vehicles who desire any combination, up to six in number, of alphabetical characters; to provide for the pro cedure relative to the issuance of such plates; to repeal conflicting laws; and for other purposes.

SB 13. By Senator Sanders of the 41st:
A bill to amend Code Chapter 34-6 relating to registration of elec tors, so as to change the provision relating to residence requirements for registering and voting; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 14. By Senator Sanders of the 41st:
A bill to provide that any person who is 18 years of age or older and who is married may bind himself by contract as though said person were 21 years of age or older, and said contract shall be enforceable as though said person were 21 years of age or older; and for other purposes.

SB 15. By Senator Sanders of the 41st:
A bill to amend Code Section 92-6402, relating to the requirement that taxes be paid to that county in which the property taxed is required to be returned for taxation, as amended by an Act approved March 10, 1964 (Ga. Laws 1964, p. 328), so as to change the procedure for the

WEDNESDAY, JANUARY 12, 1966

33

payment of taxes which are due in certain counties; and for other purposes.

SB 16. By Senator Sanders of the 41st:
A bill to amend Code Title 113, relating to wills, descent and distribution, and the administration of estates, as amended, by an Act approved March 25, 1958 (Ga. Laws 1958, p. 657), and an Act approved March 10, 1959 (Ga. Laws 1959, p. 136), so as to provide that wills may be attested before an officer authorized to administer oaths; and for other purposes.

SB 17. By Senator Ballew of the 50th:
A bill to change the terms of the Superior Court of Fannin County; and for other purposes.

SB 18. By Senator Ballew of the 50th:
A bill to change the terms of the Superior Court of Pickens County; and for other purposes.

SR 4. By Senator Webb of the llth: A resolution amending the Rules of the Senate; and for other purposes.
SR 5. By Senator Sanders of the 41st: A resolution creating an interim committee to study collection agencies and collection practices of lending institutions; and for other purposes.
SR 6. By Senator Sanders of the 41st: A resolution calling a Constitutional Convention; and for other pur poses.
SR 7. By Senator Kendrick of the 32nd: A resolution designating the J. M. "Hoot" Gibson Bridge; and for other purposes.
SR 8. 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 Con stitution; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.

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SR 9. 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 ratifica tion or rejection; and for other purposes.

SR 10. By Senator Sanders of the 41st:
A resolution proposing an amendment to the Constitution so as to change the residence requirements for voting; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

The following resolutions were read and adopted:

SR 13. By Senator Miller of the 43rd:
A resolution requesting the Congress of the United States to enact such legislation as may be necessary to authorize the several states of the Union to retain 10% of the total net Federal individual income taxes collected therein; and for other purposes.

HR 14. By Mr. Hawkins of the 139th:
A resolution expressing support to the United States government in its Viet Nam policy; and for other purposes.

HR 15. By Mr. Hull of the 104th:
A resolution requesting that members of the armed forces traveling by air to ports of debarkation be given priority in the State of Georgia; and for other purposes.

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, JANUARY 13, 1966

35

Senate Chamber, Atlanta, Georgia, Thursday, January 13, 1966.

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 Milton Dwell, pastor, First Baptist Church, Douglasville, Georgia.

Prayer was offered by the Reverend Albert W. Hike, Jr., pastor, Royston Baptist Church, Royston, Georgia.

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

Senator Gregory of the 15th reported that the journal of yesterday's pro ceeding had been read 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:

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JOURNAL OP THE SENATE,

SB 21. By Senator Kidd of the 25th:
A bill to amend Code Title 88, known as the "Georgia Health Code", as amended so as to create within the Department of Public Health an autonomous Division of Mental Health; to define the powers, duties and functions of the Division; and for other purposes.
Referred to Committee on Health and Welfare.

SB 22. By Senator Kidd of the 25th:
A bill to amend Chapter 56-13 of the Code of Gerogia, approved March 8, 1960 (Ga. Laws 1960, p. 289) relating to fees and taxes im posed 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 insurance companies; and for other purposes.
Referred to Committee on Rules.

SB 23. By Senators Broun of the 46th, Kilpatrick of the 44th, Searcey of the 2nd, Minish of the 48th, and Thompson of the 34th:
A bill to amend an Act creating a Department of Public Safety for Geor gia approved March 19, 1937 (Ga. Laws 1937, p. 322), so as to provide for additional powers, duties and jurisdiction of the Georgia State Patrol; to rewrite the present duties of the State Patrol in clearer language; and for other purposes.
Referred to Committee on Rules.

SB 24. By Senators Broun of the 46th, Kilpatrick of the 44th, Searcey of the 2nd, Minish of the 48th, and Thompson of the 34th:
A bill to amend an Act creating a Department of Public Safety for Georgia so as to increase the powers, duties, and jurisdiction of the Georgia Bureau of Investigation; to provide for the size of the Bureau; and for other purposes.
Referred to Committee on Rules.

SB 25. By Senators Broun of the 46th, Kilpatrick of the 44th, Hill of the 29th, Searcey of the 2nd, Minish of the 48th, and Thompson of the 34th:
A bill to provide for the submission of certain information to the Department of Public Safety, Bureau of Investigation; to provide what persons shall be required to furnish such information; to provide that the Department of Public Safety shall promulgate certain rules and regulations; and for other purposes.
Referred to Committee on Rules.

THURSDAY, JANUARY 13, 1966

37

SB 26. By Senators Broun of the 46th, Kilpatrick of the 44th, Hill of the 29th, Searcey of the 2nd, Minish of the 48th, and Thompson of the 34th:
A bill to amend an Act creating a Department of Puhlic Safety for Georgia so as to provide that the Director of Public Safety shall automatically revoke the driver's license of any person convicted of the theft of a motor vehicle or any part thereof; and for other purposes.
Referred to Committee on Rules.

SB 27. By Senators Broun of the 46th, Minish of the 48th, Kilpatrick of the 44th, Searcey of the 2nd, and Thompson of the 34th:
A bill to amend Code Section 68-9916 relating to the unlawful sale or possession of certain vehicles from which identifying numbers have been removed or otherwise altered for the purpose of concealing or misrepresenting the identity of such vehicles so as to change the penalty for any such violation; and for other purposes.
Referred to Committee on Rules.

SB 28. By Senators Broun of the 46th, Kilpatrick of the 44th, Hill of the 29th, Searcey of the 2nd, Minish of the 48th, and Thompson of the 34th:
A bill to protect property of the citizens of this State and to facilitate the identification of motor vehicles, parts, accessories and assemblies thereof, by prohibiting the sale in the State of Georgia of new motor vehicles and certain components not bearing identification numbers; and for other purposes.
Referred to Committee on Rules.

SB 29. By Senators Broun of the 46th, Kilpatrick of the 44th, Hill of the 29th, Searcey of the 2nd, Minish of the 48th, and Thompson of the 34th:
A bill to amend Code Section 26-2603, relating to the larceny of cer tain motor vehicles and other vehicles, as amended, particularly by an Act approved April 1, 1965, so as to provide for a new definition of motor vehicles covered under the provisions of this Act; to provide that the theft of parts of these vehicles shall also be a crime; and for other purposes.
Referred to Committee on Rules.

SB 30. By Senators Broun of the 46th, Kilpatrick of the 44th, Hill of the 29th, Searcey of the 2nd, Minish of the 48th, and Thompson of the 34th:
A bill to amend Code Chapter 26-19 relating to Conspiracy, so as to provide that certain conspiracies shall be a crime; to provide a definition for conspiracies; and for other purposes.
Referred to Committee on Rules.

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JOURNAL OF THE SENATE,

SB 31. By Senators Broun of the 46th, Kilpatrick of the 44th, Seareey of the 2nd, Minish of the 48th, and Thompson of the 34th:
A bill to provide that in all criminal cases tried by a jury it shall be the duty of the jury to return a verdict of guilty or not guilty; to provide that upon the return of a verdict of guilty, but prior to the imposition of sentence, the jury shall hear certain evidence in determining what sentence should be imposed; and for other purposes.
Referred to Committee on Rules.

SB 32. By Senators Bateman of the 27th and Adams of the 26th:
A bill to authorize any municipality in the State of Georgia to adpot ordinances prohibiting any person, firm or corporation within the corporate, jurisdictional or territorial limits of such municipality from transporting any alcoholic beverages or liquors, spiritous liquors or distilled spirits on which certain tax thereon has not been paid; and for other purposes.
Referred to Committee on Temperance.

Senator Bateman of the 27th asked unanimous consent that SB 32 be engrossed.

The consent was granted.

SB 33. By Senators Broun of the 46th, Minish of the 48th, Kilpatrick of the 44th, Thompson of the 34th, Hill of the 29th, and Seareey of the 2nd:
A bill to create a State Board of Registration for Used Motor Vehicle Parts Dealers, Motor Vehicle Dismantlers, and Motor Vehicle Rebuilders; and for other purposes.
Referred to Committee on Rules.

SB 34. By Senators Ballew of the 50th, Kilpatrick of the 44th, Carter of the 14th, Padgett of the 23rd and others:
A bill to amend Code Chapter 56-32 of the Code of Georgia of 1933, relating to property insurance, so as to provide for the inspection of property insured against fire; to provide for the measure of damages in the event the company fails to inspect the property; and for other purposes.
Referred to Committee on Judiciary.

THURSDAY, JANUARY 13, 1966

39

SB 35. By Senators Johnson of the 38th, Maclntyre of the 40th, Wesherry of the 37th, Ward of the 39th, Miller of the 43rd, and Johnson of the 42nd:
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.
Referred to Committee on County and Municipal Governments.

SR 14. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to provide for the filling of the office of the Governor and for the succession to the office of the Governor in the event the GovernorElect dies, becomes disqualified or for any reason is unable to assume the executive power; and for other purposes.
Referred to Committee on Rules.
SR 15. By Senators Gillis of the 20th, Rowan of the 8th, Pennington of the 45th, Gayner of the 5th, Edenfield of the 4th, Padgett of the 23rd, and McGill of the 24th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the establish ment of a uniform method of assessment of farm and forest lands which shall be based upon the capability of such land to produce farm and forest crops; and for other purposes.
Referred to Committee on Rules.

The following bills and resolutions were read the second time:

SB 19. 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 municipality lying within a county that has held an election in regard to this Act, the results of which were to allow the taxing, legalizing and control of alcoholic beverages and liquors within said county, that the governing authority of said municipality may make a determination as to whether the taxing, licensing, manufacturing, distri bution and control of alcholic beverages and liquors shall be allowed in said municipality; and for other purposes.

SB 20. By Senators Flowers of the 10th, Gayner of the 5th, Lee of the 47th and others:
A bill to amend Code Chapter 26-14, relating to assault and battery, as amended, so as to provide a new crime relating to persons assault ing or battering law enforcement officers; to provide definitions; to provide penalties; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE SENATE,

SR 11. By Senators Johnson of the 42nd and Webb of the llth:
A resolution proposing an amendment to the Constitution so as to de clare public transportation of passengers for hire to be an essential governmental function and a public purpose for which the power of taxation of this State may be exercised and its public funds expended; and for other purposes.

SR 12. By Senator Miller of the 43rd:
A resolution proposing an amendment to the Constitution so as to pro vide for a homestead exemption for disabled persons who are living on a fixed income; and for other purposes.

Mr. Smalley of the 28th District Chairman of the Committee on Judiciary submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bills of the Senate and has instructed me as chairman, to report the same back to the Senate with the following recommendations:
SB 17. Do pass. SB 18. Do pass.
Respectfully submitted, Smalley of 28th District, Chairman.

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

HR 16. By Messrs Smith of the 90th:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing addresses by Senator Richard B. Russell and Senator Herman E. Talmadge; and for other purposes.

SR 3. By Senators Gregory of the 15th and Webb of the llth:
A resolution expressing support to the United States government in its Vietnam policy; and for other purposes.

THURSDAY, JANUARY 13, 1966

41

Senator Hill of the 29th, Chairman of the Committee on Senate Administra tive Affairs, submitted the following report:

Mr. President:

Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the House of Representatives.
SR 13.
Respectfully submitted,
Hill of the 29th District,
Chairman.

The following resolution was read and adopted:

HR 16. By Mr. Smith of the 90th:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing addresses by Senator Richard B. Russell and Senator Herman E. Talmadge; and for other purposes.

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.

42

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia, Friday, January 14, 1966.

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 Reverend Harold Kilpatrick, pastor, Buford Highway Baptist Church, Doraville, Georgia.

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

Senator Kendrick of the 32nd reported that the journal of yesterday's pro ceedings had been read and found correct.

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

Senator 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 committee.

The consent was granted.
The following bills were introduced, read the first time, and referred to committees:

SB 36. By Senators Kendrick of the 32nd and Yancey of the 33rd:
A bill to provide that it shall be unlawful for any person to report or communicate by any device or means the presence or existence of

FRIDAY, JANUARY 14, 1966

43

any explosive device or mechanism or its supposed location when such person knows or has reasonable cause to know that such information is false, untrue or misleading; to provide for a penalty; and for other purposes.
Referred to Committee on Judiciary.

SB 37. By Senator Yancey of the 33rd:
A bill to amend Code Section 56-2430 relating to the cancellation of insurance policies so as to provide that notices of cancellation shall be accompanied by a tender of the unearned premium; and for other purposes.
Referred to Committee on Rules.

SB 38. By Senator Webb of the llth:
A bill to provide procedures for searches and seizures and for sup pression of evidence illegally seized; and for other purposes.
Referred to Committee on Judiciary.

SB 39. By Senator Hill of the 29th:
A bill to amend an Act providing and establishing a charter for the City of Woodbury in the County of Meriwether, so as to provide for a majority vote for the offices of mayor and councilmen; and for other purposes.
Referred to Committee on County and Municipal Government.

SB 40. By Senator Holloway of the 12th:
A bill relating to criminal sentences so as to provide that in all jury trials, the jury shall only make a determination as to the guilt of the defendant; to provide that upon a finding of guilt, the judge shall then impose sentence just as if it were a non-jury trial; and for other purposes.
Referred to Committee on Judiciary.

SB 41. By Senators Webb of the llth and Jackson of the 16th:
A bill to amend an Act known as the Georgia Health Code relating to the powers of the county boards of health, so as to provide mental health diagnostic and treatment services and home health care services for the chronically ill and for the chronically ill and aged; and for other purposes.
Referred to Committee on Health and Welfare.

44

JOURNAL OF THE SENATE,

SB 42. By Senators Johnson of the 38th, Wesberry of the 37th, Maclntyre of the 40th, Ward of the 39th, Thompson of the 34th, and Coggin of the 35th:
A bill abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the Solicitor-General of said circuit; and for other purposes.
Referred to Committee on County and Municipal Government.

SB 43. By Senator Ballew of the 50th:
A bill to provide for a different time limit for the granting of adoptions under certain circumstances; to provide the circumstances under which the different time limits shall apply; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.
Referred to Committee on Health and Welfare.

The following bills and resolutions were read the second time:

SB 21. By Senator Kidd of the 25th:
A bill to amend Code Title 88, known as the "Georgia Health Code", as amended so as to create within the Department of Public Health an autonomous Division of Mental Health; to define the powers, duties and functions of the Division; and for other purposes.

SB 22. By Senator Kidd of the 25th:
A bill to amend Chapter 56-13 of the Code of Georgia, approved March 8, 1960 (Ga. Laws 1960, p. 289) 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 insurance companies; and for other purposes.

SB 23. By Senators Broun of the 46th, Kilpatrick of the 44th, Searcey of the 2nd, Minish of the 48th, and Thompson of the 34th:
A bill to amend an Act creating a Department of Public Safety for Georgia approved March 19, 1937 (Ga. Laws 1937, p. 322), so as to provide for additional powers, duties and jurisdiction of the Georgia State Patrol; to rewrite the present duties of the State Patrol in clearer language; and for other purposes.

SB 24. By Senators Broun of the 46th, Kilpatrick of the 44th, Searcey of the 2nd, Minish of the 48th, and Thompson of the 34th:
A bill to amend an Act creating a Department of Public Safety for Georgia so as to increase the powers, duties, and jurisdiction of the

FRIDAY, JANUARY 14, 1966

45

Georgia Bureau of Investigation; to provide for the size of the Bureau; and for other purposes.

SB 25. By Senators Broun of the 46th, Kilpatrick of the 44th, Hill of the 29th, Searcey of the 2nd, Minish of the 48th, and Thompson of the 34th:
A bill to provide for the submission of certain information to the Department of Public Safety, Bureau of Investigation; to provide what persons shall be required to furnish such information; to provide that the Department of Public Safety shall promulgate certain rules and regulations; and for other purposes.

SB 26. By Senators Broun of the 46th, Kilpatrick of the 44th, Hill of the 29th, Searcey of the 2nd, Minish of the 48th, and Thompson of the 34th:
A bill to amend an Act creating a Department of Public Safety for Georgia so as to provide that the Director of Public Safety shall automatically revoke the driver's license of any person convicted of the theft of a motor vehicle or any part thereof; and for other purposes.

SB 27. By Senators Broun of the 46th, Minish of the 48th, Kilpatrick of the 44th, Searcey of the 2nd, and Thompson of the 34th:
A bill to amend Code Section 68-9916 relating to the unlawful sale or possession of certain vehicles from which identifying numbers have been removed or otherwise altered for the purpose of concealing or misre presenting the identity of such vehicles so as to change the penalty for any such violation; and for other purposes.

SB 28. By Senators Broun of the 46th, Kilpatrick of the 44th, Hill of the 29th, Searcey of the 2nd, Minish of the 48th, and Thompson of the 34th:
A bill to protect property of the citizens of this State and to facilitate the identification of motor vehicles, parts, accessories and assemblies thereof, by prohibiting the sale in the State of Georgia of new motor vehicles and certain components not bearing identification numbers; and for other purposes.

SB 29. By Senators Broun of the 46th, Kilpatrick of the 44th, Hill of the 29th, Searcey of the 2nd, Minish of the 48th, and Thompson of the 34th:
A bill to amend Code Section 26-2603, relating to the larceny of cer tain motor vehicles and other vehicles, as amended, particularly by an Act approved April 1, 1965, so as to provide for a new definition of motor vehicles covered under the provisions of this Act; to provide that the theft of parts of these vehicles shall also be a crime; and for other purposes.

46

JOURNAL OF THE SENATE,

SB 30. By Senators Broun of the 46th, Kilpatrick of the 44th, Hill of the 29th, Searcey of the 2nd, Minish of the 48th, and Thompson of the 34th:
A bill to amend Code Chapter 26-19 relating to Conspiracy, so as to provide that certain conspiracies shall be a crime; to provide a de finition for conspiracies; and for other purposes.

SB 31. By Senators Broun of the 46th, Kilpatrick of the 44th, Searcey of the 2nd, Minish of the 48th, and Thompson of the 34th:
A bill to provide that in all criminal cases tried by a jury it shall be the duty of the jury to return a verdict of guilty or not guilty; to provide that upon the return of a verdict of guilty, but prior to the imposition of sentence, the jury shall hear certain evidence in determining what sentence should be imposed; and for other purposes.

SB 32. By Senators Bateman of the 27th and Adams of the 26th:
A bill to authorize any municipality in the State of Georgia to adopt ordinances prohibiting any person, firm or corporation within the corporate, jurisdictional or territorial limits of such municipality from transporting any alcoholic beverages or liquors, spirituous liquors or distilled spirits on which certain tax thereon has not been paid; and for other purposes.

SB 33. By Senators Broun of the 46th, Minish of the 48th, Kilpatrick of the 44th, Thompson of the 34th, Hill of the 29th, and Searcey of the 2nd:
A bill to create a State Board of Registration for Used Motor Vehicle Parts Dealers, Motor Vehicle Dismantlers, and Motor Vehicle Rebuilders; and for other purposes.

SB 34. By Senators Ballew of the 50th, Kilpatrick of the 44th, Carter of the 14th, Padgett of the 23rd and others:
A bill to amend Code Chapter 56-32 of the Code of Georgia of 1933, relating to property insurance, so as to provide for the inspection of property insured against fire; to provide for the measure of damages in the event the company fails to inspect the property; and for other purposes.

SB 35. By Senators Johnson of the 38th, Maclntyre of the 40th, Wesberry of the 37th, Ward of the 39th, Miller of the 43rd, and Johnson of the 42nd:
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.

FRIDAY, JANUARY 14, 1966

47

SR 14. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to provide for the filling of the office of the Governor and for the succession to the office of the Governor in the event the GovernorElect dies, becomes disqualified or for any reason is unable to assume the executive power; and for other purposes.

SR 15. By Senators Gillis of the 20th, Rowan of the 8th, Pennington of the 45th, Gayner of the 5th, Edenfield of the 4th, Padgett of the 23rd, and McGill of the 24th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the establish ment of a uniform method of assessment of farm and forest lands which shall be based upon the capability of such land to produce farm and forest crops; and for other purposes.

Sen. Smalley of the 28th District Chairman of the Committee on Judiciary submitted the following report:
Mr. President:
Your Committee on 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 1. Do pass as amended. SB 3. Do pass by substitute.
Respectfully submitted, Smalley of 28th District, Chairman.

Sen. Hall of the 52nd District Acting Secretary of the Committee on Rules submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following resolu tion of the Senate and his instructed me as acting secretary, to report the same back to the Senate with the following recommendations:
SR 4. Do pass. Respectfully submitted, Hall of 52nd district, Acting Secretary

48

JOURNAL OF THE SENATE,

The following message was received from the House through Mr. Ellard the Clerk thereof:

Mr. President:

The House has adopted the following resolution of the Senate to-wit:

SR 13. By Senator Miller of the 43rd:
A resolution requesting the Congress of the United States to enact such legislation as may be necessary to authorize the several states of the Union to retain 10% of the total net Federal individual income taxes collected therein; and for other purposes.

Senator Webb of the llth moved that the Senate do now adjourn until Monday morning, and the motion prevailed.

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

MONDAY, JANUARY 17, 1966

49

Senate Chamber, Atlanta, Georgia Monday, January 17, 1966.

The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president.

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

Prayer was offered by Dr. Guy Hutcheson, pastor, St. Paul Methodist Church, Columbus, Georgia.

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

Adams Ballew
Bateman Broun Carter Coggin Dean Downing Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory Hall Hill

Holley 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 50th reported that the journal of Friday's proceedings had been read and found correct.

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

Senator 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.

50

JOURNAL OF THE SENATE,

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 resolution was introduced, read the first time, and referred to committee:

SR 16. By Senator Webb of the llth:
A resolution amending the Rules of the Senate to provide that each Senator shall serve on at least three committees, but not more than four committees; and for other purposes.
Referred to Committee on Rules.

The following bills were read the second time:

SB 36. By Senators Kendrick of the 32nd and Yancey of the 33rd:
A bill to provide that it shall be unlawful for any person to report or communicate by any device or means the presence or existence of any explosive device or mechanism or its supposed location when such person knows or has reasonable cause to know that such information is false, untrue or misleading; to provide for a penalty; and for other purposes.

SB 37. By Senator Yancey of the 33rd:
A bill to amend Code Section 56-2430 relating to the cancellation of insurance policies so as to provide that notices of cancellation shall be accompanied by a tender of the unearned premium; and for other purposes.

MONDAY, JANUARY 17, 1966

51

SB 38. By Senator Webb of the llth:
A bill to provide procedures for searches and seizures and for sup pression of evidence illegally seized; and for other purposes.

SB 39. By Senator Hill of the 29th:
A bill to amend an Act providing and establishing a charter for the City of Woodbury in the County of Meriwether, so as to provide for a majority vote for the offices of mayor and councilmen; and for other purposes.

SB 40. By Senator Holloway of the 12th:
A bill relating to criminal sentences so as to provide that in all jury trials, the jury shall only make a determination as to the guilt of the defendant; to provide that upon a finding of guilt, the judge shall then impose sentence just as if it were a non-jury trial; and for other purposes.

SB 41. By Senators Webb of the llth and Jackson of the 16th:
A bill to amend an Act known as the Georgia Health Code relating to the powers of the county boards of health, so as to provide mental health diagnostic and treatment services and home health care services for the chronically ill and for the chronically ill and aged; and other pur poses.

SB 42. By Senators Johnson of the 38th, Wesberry of the 37th, Maclntyre of the 40th, Ward of the 39th, Thompson of the 34th, and Coggin of the 35th:
A bill abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the Solicitor-General of said circuit; and for other purposes.

SB 43. By Senator Ballew of the 50th:
A bill to provide for a different time limit for the granting of adoptions under certain circumstances; to provide the circumstances under which the different time limits shall apply; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.

The following resolution, favorably reported by the committee, was put upon its passage:

SR 4. By Senator Webb of the llth: A resolution amending the Rules of the Senate; and for other purposes.

52

JOURNAL OF THE SENATE,

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

On the adoption of the resolution, the ayes were 36, nays 0.

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

Senator Smalley of the 28th asked unanimous consent that the following1 bill of the Senate be recommitted to the Committee on Retirement:

SB 3. By Senator Smalley of the 28th:
A bill to create the Superior Court judges and solicitors general and judges and solicitors of inferior courts retirement fund; to provide a short title; to provide for definitions; to provide that said fund shall be administered by the Board of Trustees of the Employees' Retirement System; and for other purposes.

The consent was granted.
The president of the Senate appointed as a committee of escort for Senators Richard B. Russell and Herman E. Talmadge the following:
Senators Flowers of the 10th, Spinks of the 9th, Foster of the 21st, Coggin of the 35th, Gillis of the 20th, Minish of the 48th, Webb of the llth, Jackson of the 16th, Smith of the 18th and Broun of the 46th.
Senator Webb of the llth moved that the Senate stand adjourned after the joint session until 11:00 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. The joint session, called for the purpose of hearing an address by the Honorable Richard B. Russell and the Honorable Herman E. Talmadge, was called to order by the president of the Senate.
The resolution authorizing the joint session of the Senate and House was read by the secretary of the Senate.
Accompanied by the committee of escort, Governor Carl E. Sanders, and other distinguished guests, Senators Russell and Talmadge appeared upon the floor of the House.

MONDAY, JANUARY 17, 1966

53

Governor Sanders welcomed the guests with appropriate remarks.

Lieutenant Governor Peter Zack Geer presented Senator Russell, who ad dressed the General Assembly.

Lieutenant Governor Peter Zack Geer presented Senator Talmadge, who addressed the General Assembly.

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 a previous motion, the Senate now stood adjourned until 11:00 o'clock tomorrow morning.

54

JOURNAL OP THE SENATE,

Senate Chamber, Atlanta, Georgia, Tuesday, January 18, 1966.

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

Scripture reading was offered by Dr. Guy Hutcheson, pastor, St. Paul Methodist Church, Columbus, Georgia.

Prayer was offered by the Reverend Chesley Walker, pastor, First Baptist Church, Hoboken, 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 Gregory 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 read 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.

TUESDAY, JANUARY 18, 1966

55

2. First reading and reference of bills and resolutions.

3. Second reading of bills and resolutions.

4. Reports of standing committees.

5. Third reading and passage of local uncontested bills and resolutions.

6. Third reading and consideration of general bills and resolutions.

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

HR 65. By Messrs Benjamin D. Brown of the 135th, Jack P. Etheridge of the 123rd. Post 2 and John Hood of the 124th:
A resolution extending sincerest congratulations to Dr. James Phillip Brawley; and for other purposes.

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

HB 1. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, and Harris of the 118th:
A bill to amend an act providing appropriations for the State Govern ment for the fiscal year 1965-66 and the fiscal year 1966-67; and for other purposes.

HB 2. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, and Harris of the 118th:
A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1966 and the fiscal year ending June

56

JOURNAL OF THE SENATE,

30, 1967, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State; and for other purposes.

The following resolutions were read and adopted:

SR 17. By Senator Kendrick of the 32nd: A resolution commending the Lockheed-Georgia Corporation; and for other purposes.
SR 18. By Senator Johnson of the 38th: A resolution commending Honorable Albert F. Moore, Senator 31st District; and for other purposes.

SR 20. By Senator Pennington of the 45th:
A resolution relative to televising the Georgia-Georgia Tech Football Game; and for other purposes.

HR 65. By Messrs. Brown of the 135th, Etheridge of the 123rd and Hood of the 124th:
A resolution extending sincerest congratulations to Dr. James Philip Brawley; and for other purposes.

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

SB 44. By Senator Thompson of the 34th:
A bill to amend Code Section 27-1201 relating to when and how venue may be changed in criminal cases; so as to provide that the State shall have the same right to change venue as the defendant; to provide for appeal for the refusal to grant the change of venue; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 45. By Senator Kendrick of the 32nd:
A bill to amend Code Section 32-904, relating to the compensation of members of county boards of education, as amended, so as to change the compensation of board members; to provide that all board members

TUESDAY, JANUARY 18, 1966

57

shall receive reimbursement for actual expenses incurred on official business of the board; and for other purposes.
Referred to Committee on Educational Matters.

SB 46. By Senators Kendrick of the 32nd and Coggin of the 35th:
A bill to amend an Act regulating the occupation of cosmetology and creating the Ga. State Board of Cosmetology, as amended, so as to include within the definition of the terms "cosmetologist" and "beauti cian" those persons who perform certain services on the hair of diseased persons and wigs; and for other purposes.
Referred to Committee on Health and Welfare.

SB 47. 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 fluoridated; and for other purposes.
Referred to Committee on Health and Welfare.

SB 48. By Senator Yancey of the 33rd:
A bill to prohibit the advertisement of alcoholic beverages; and for other purposes.
Referred to Committee on Temperance.

SB 49. By Senator Sanders of the 41st:
A bill to amend an Act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, so as to exclude from the terms "retail sale" and "sale at retail" sales of all drugs and medications; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.
SR 19. By Senators Johnson of the 38th, Coggin of the 35th, Wesberry of the 37th, and Maclntyre of the 40th:
A resolution proposing an amendment to the Constitution, so as to allow counties or municipal corporations to make repairs to 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 Judiciary.

58

JOURNAL OF THE SENATE,

HB 1. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend an act providing appropriations for the State Govern ment for the fiscal year 1965-66 and the fiscal year 1966-67; and other purposes.
Referred to Committee on Appropriations.

HB 2. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 18th:
A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1966 and the fiscal year ending June 30, 1967, in addition to any other appropriations heretofore or here after made for the operation of the agencies of the state; and for other purposes.

Referred to Committee on Appropriations.

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

SB 17. By Senator Ballew of the 50th:
A bill to change the terms of the Superior Court of Pannin County; and for other purposes.

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

On the passage of the bill, the ayes were 35, nays 0.

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

SB 18. By Senator Ballew of the 50th:
A bill to change the terms of the Superior Court of Pickens County; and for other purposes.

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

TUESDAY, JANUARY 18, 1966

59

On the passage of the bill, the ayes were 34, 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 tomorrow morning, and the motion prevailed.

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

60

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia, Wednesday, January 19, 1966.

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 Robert T. Padgett, pastor, Wynnton Methodist Church, Columbus, Georgia.

Prayer was offered by Dr. Guy K. Hutcheson, pastor, St. Paul Methodist Church, Columbus, Georgia.

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

Senator Gregory of the 15th reported that the journal of yesterday's proceedings had been read and found correct.

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

Senator 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.

WEDNESDAY, JANUARY 19, 1966

61

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 83. By Messrs. Smith of the 90th:
A resolution commending the Georgia Air National Guard for volunteer flights to Viet Nam; and for other purposes.

The House has passed by the requisite constitutional majority the following bills of the House-wit:

HB 9. By Messrs. Lewis of the 50th:
A bill to abolish the present mode of compensating the Sheriff of Burke County known as the fee system; and for other purposes.

HB 10. By Messrs. Howell of the 86th:
A bill to abolish the present mode of compensating the Sheriff of Early County known as the fee system; and for other purposes.

HB 19. By Messrs. Fulford of the 67th:
A bill to create a Board of Commissioners of Roads and Revenues for Terrell County; and for other purposes.

HB 20. By Messrs. Fulford of the 67th:
A bill to abolish the present method of compensating the Sheriff of Lee County, known as the fee system; and for other purposes.

HB 21. By Messrs. Fulford of the 67th:
A bill to change the terms of the Superior Court of Lee County; and for other purposes.

HB 3. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend an act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Com mission, so as to increase certain license fees; and for other purposes.

62

JOURNAL OF THE SENATE,

HB 28. By Messrs. Harris of the 118th and Carley of the 117th:
A bill to amend Section 37-607 of the 1933 Code of Georgia, so as to provide that powers of sale and other powers in deeds of trust, mort gages, and other instruments may be exercised by transferees and other parties regardless of whether or not the transfer specifically includes such powers or conveys title to the property described; and for other purposes.

HB 29. By Messrs. Harris of the 118th and Carley of the 117th:
A bill to amend Code Chapter 67-13 of the 1933 Code of Georgia relating to conveyances to secure debt, so as to provide for a new code section to be designated as Code Section 67-1305A; to provide the language to be incorporated in such code section; and for other purposes.

HB 32. By Messrs. Jones of the 112th:
A bill to provide that every parent having in custody and control over a minor child or children under the age of 17 shall be liable for the wilful and wanton acts of said minor resulting in injury or damage to the person or property, or both, of another; and for other purposes.

HB 42. By Messrs. Carley, Malone and Palmer of the 117th and Harris of the 118th:
A bill to amend an act relating to the corporation laws of the State, so as to change the time when advertisements shall appear after the filing of the application or petition for charter; and for other purposss.

The following resolution was read and adopted:

HR 83. By Mr. Smith of the 90th:
A resolution commending the Georgia Air National Guard for volunteer flights to Viet Nam; and for other purposes.

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

SB 50. By Senators Wesberry of the 37th, Johnson of the 38th, and Maclntyre of the 40th:
A bill to grant to the incorporated municipalities of this State certain basic powers, including certain powers to require the repair, closing or demolition of certain dwellings, buildings or structures; to define

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63

certain terms whenever used or referred to in this article; to provide for the execution of said Act by ordinance; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 51. By Senators Salome of the 36th and Coggin of the 35th:
A bill 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; and for other purposes.
Referred to Committee on Judiciary.

SB 52. By Senators Coggin of the 35th, Kendrick of the 32nd, Noble of the 19th, Eldridge of the 7th, Young of the 13th and Rowan of the 8th:
A bill relating to the powers of the Public Service Commission to exer cise general supervision over all common carriers, so as to provide that the Public Service Commission shall have the jurisdiction and authority to prescribe, promulgate and enforce reasonable rules and regulations relating to the safety of the public and railroad employees; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

SB 53. By Senators Lee of the 47th and Sanders of the 41st:
A bill to provide a different statute of limitations on any action, whether in contract, in tort or otherwise, to recover damages for any deficiency of construction of an improvement to real property, or for injury to property out of such deficiency; and for other purposes.
Referred to Committee on Judiciary.

SB 54. By Senator Wesberry of the 37th:
A bill relating to the inspection of public records so as to provide for the inspection by the public of the records of any board, bureau, com mission, authority or public agency which is wholly or partially sup ported by public moneys; and for other purposes.
Referred to Committee on Rules.

SB 55. By Senator Downing of the 1st:
A bill to require the identification of the registry of all ships, for the protection of the public; to require such information be contained in all promotional material; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

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JOURNAL OF THE SENATE,

SR 21. By Senator Downing of the 1st:
A resolution designating the Thomas J. Dooley Bridge; and for other purposes.
Referred to Committee on Highways.

SR 22. By Senator Wesberry of the 37th:
A resolution proposing a Commission on Honesty in Government; and for other purposes.
Referred to Committee on Rules.

SR 23. By Senator Wesberry of the 37th:
A resolution proposing an Honesty Code for public officials; and for other purposes.
Referred to Committee on Rules.

SR 24. By Senator Pennington of the 45th:
A resolution designating the Charlie Lay Bridge; and for other purposes.
Referred to Committee on Highways.

HB 3. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend an act completely and exhaustively revising, super seding and consolidating the laws relating to the State Game and Fish Commission, so as to increase certain license fees; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HB 9. By Mr. Lewis of the 50th:
A bill to abolish the present mode of compensating the sheriff of Burke County known as the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 10. By Mr. Howell of the 86th:
A bill to abolish the present mode of compensating the sheriff of Early County known as the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

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65

HB 19. By Mr. Pulford of the 67th:
A bill to create a Board of Commissioners of Roads and Revenues for Terrell County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 20. By Mr. Fulford of the 67th:
A bill to abolish the present method of compensating the sheriff of Lee County, known as the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 21. By Mr. Fulford of the 67th:
A bill to change the terms of the Superior Court of Lee County; and for other purposes.
Referred to Committee on Judiciary.

HB 28. By Messrs. Harris of the 118th and Carley of the 117th:
A bill to amend section 37-607 of the 1933 Code of Georgia, so as to provide that powers of sale and other powers in deeds of trust, mort gage and other instruments may be exercised by transferees and other parties regardless of whether or not the transfer specifically includes such powers or conveys title to the property described; and for other purposes.
Referred to Committee on Judiciary.

HB 29. By Messrs. Harris of the 118th and Carley of the 117th:
A bill to amend Code chapter 67-13 of the 1933 Code of Georgia relating to conveyances to secure debt, so as to provide for & new code section to be designated as Code section 67-1305A; to provide the language to be incorporated in such code section; and for other purposes.
Referred to Committee on Judiciary.

HB 32. By Mr. Jones of the 112th:
A bill to provide that every parent having in custody and control over a minor child or children under the age of 17 shall be liable for the wilful and wanton acts of said minor resulting in injury or damage to the person or property, or both, of another; and for other purposes.
Referred to Committee on Judiciary.

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JOURNAL OP THE SENATE,

HB 42. By Messrs. Carley, Malone and Palmer of the 117th and Harris of ths 118th:
A bill to amend an act relating to the corporation laws of the State, i>o as to change the time when advertisements shall appear after the filing of the application or petition for charter, and for other purposes.
Referred to Committee on Judiciary.

The following bills and resolution were read the second time:

SB 44. By Senator Thompson of the 34th:
A bill to amend Code Section 27-1201 relating to when and how venut may be changed in criminal cases; so as to provide that the State shah have the same right to change venue as the defendant; to provide foi appeal for the refusal to grant the change of venue; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.

SB 45. By Senator Kendrick of the 32nd:
A bill to amend Code Section 32-904, relating to the compensation of members of county boards of education, as amended, so as to change the compensation of board members; to provide that all board members shall receive reimbursement for actual expenses incurred on official business of the board; and for other purposes.

SB 46. By Senators Kendrick of the 32nd and Coggin of the 35th:
A bill to amend an Act regulating the occupation of cosmetology and creating the Ga. State Board of Cosmetology, as amended, so as to include within the definition of the terms "cosmetologist" and "beauti cian" those persons who perform certain services on the hair of diseased persons and wigs; and for other purposes.

SB 47. 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 fluoridated; and for other purposes.

SB 48. By Senator Yancey of the 33rd:
A bill to prohibit the advertisement of alcoholic beverages; and for other purposes.

SB 49. By Senator Sanders of the 41st:
A bill to amend an act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951,

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67

p. 360), as amended, so as to exclude from the terms "retail sale" and "sale at retail" sales of all drugs and medications; to repeal conflicting laws; and for other purposes.

SR 19. By Senators Johnson of the 38th, Coggin of the 35th, Wesberry of the 37th, and Maclntyre of the 40th:
A resolution proposing an amendment to the Constitution, so as to allow counties or municipal corporations to make repairs to properties or structures not necessarily a part of any slum or blighted area at public expense under certain conditions; and for other purposes.

HB 1. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend an act providing appropriations for the State Govern ment for the fiscal year 1965-66 and the fiscal year 1966-67; and for other purposes.

HB 2. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1966 and the fiscal year ending June 30, 1967, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the state; and for other purposes.

Senator Hill of the 29th, Chairman of the Committee on Senate Administra tive 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 17.

SB 18.

SR 17.

SR 20.

Respectfully submitted,

Hill of the 29th 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.

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JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Thursday, January 20, 1966.

The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president.

Scripture reading was offered by Dr. Guy K. Hutcherson, pastor, St. Paul Methodist Church, Columbus, Georgia.

Prayer was offered by the Reverend Nelson L. Price, pastor, Roswell Street Baptist 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 Pincher of 51st Fincher of 54th Foster Gayner Gillis Gregory HaU

Hill Holley 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 Thompson Tribble Ward Webb Wesberry Yancey Young

Senator Gregory of the 15th reported that the journal of yesterday's pro ceedings had been read and found correct.

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

Senator 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.

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69

2. First reading and reference of bills and resolutions.

3. Second reading of bills and resolutions.

4. Reports of standing committees.

6. Third reading and passage of local uncontested bills and resolutions.

6. Third reading and consideration of general bills and resolutions.

The consent was granted.

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

HB 12. By Messrs. Lambros of the 130th, Levitas of the 118th, McClatchey of the 138th and others:
A bill to amend an act establishing a new charter for the City of At lanta, relating to the office of the President of the Board of Aldermen; and for other purposes.

HB 13. By Messrs. Lambros of the 130th, Dillon of the 128th, Hood of the 124th, McClatchey of the 138th and others:
A bill establishing a Municipal Court of the City of Atlanta, so as to provide for a standard and uniform cost bill; and for other purposes.

HB 22. By Messrs. Mauldin of the 18th:
A bill to abolish the present mode of compensating the sheriff of Franklin County, known as the fee system; and for other purposes.

HB 23. By Messrs. Mauldin of the 18th:
A bill to amend an act incorporating the City of Royston, so as to provide that all members of the Council shall be elected from the city at large, in lieu of by wards; and for other purposes.

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JOURNAL OF THE SENATE,

HB 40. By Messrs. Melton and Gaissert of the 34th:
A bill to amend the Charter of the City of Griffin, relating to the Com missioner's salary; and for other purposes.

HB 61. By Messrs. Watkins of the 9th:
A bill to amend an act creating a County Commissioner of Roads and Revenues and an Advisory Board of Gilmer Co<inf-y, so as to change the compensation of the Commissioner of Roads and Revenues; and for other purposes.

HB 62. By Messrs. Watkins of the 9th:
A bill to amend an act creating the Office of Commissioner of Roads and Revenues of Pickens County, so as to change the compensation of the Commissioner of Roads and Revenues; and for other purposes.

HB 64. By Messrs. Watkins of the 9th:
A bill to abolish the present method of compensating the sheriff of Gilmer County, known as the fee system; and for other purposes.

HB 65. By Messrs. Watkins of the 9th:
A bill to abolish the present method of compensating the sheriff of Pickens County, known as the fee system; and for other purposes.

HB 67. By Messrs. Dorminy of the 72nd:
A bill to amend an act amending and revising the Charter for the City of Fitzgerald; and for other purposes.

HB 69. By Mr. Rush of the 75th:
A bill to amend an act creating a board of commissioners of roads and revenues for the County of Tattnall, so as to change the compensation of the commissioner; and for other purposes.

HB 70. By Mr. Rush of the 75th:
A bill to abolish the present mode of compensating the Clerk of Superior Court of Tattnall County, known as the fee system; and for other pur poses.

HB 71. By Mr. Rush of the 75th:
A bill to abolish the present mode of compensating the sheriff of Tattnall County, known as the fee system; and for other purposes.

THURSDAY, JANUARY 20, 1966

71

HB 80. By Mr. Wells of the 30th:
A bill to fix the terms of the Superior Court of Oglethorpe County; and for other purposes.

HB 86. By Messrs. Cook of the 123rd, Games of the 129th and others:
A bill to amend an act establishing a new charter for the City of Atlanta, so as to extend the corporate limits; and other purposes.

HB 87. By Mr. Johnson of the 40th:
A bill to amend an act entitled "An Act to incorporate the town of Dearing, in McDuffie County", so as to increase the term of office of the mayor and councilmen; and for other purposes.

HB 88. By Mr. Johnson of the 40th:
A bill to amend an act amending, consolidating and superseding pre vious acts relating to the incorporation of the City of Thompson, so as to change the procedure for the sale of property belonging to the City; and for other purposes.

HB 89. By Messrs. Matthews and Newton of the 94th: A bill to amend an act of the legislature relative to Colquitt County compensation of sheriff, so as to change the compensation of the sheriff of Colquitt County; and for other purposes.
HB 91. By Messrs. Richardson of the 116th, Powers of the 113th and others: A bill to amend an act revising and consolidating the several Acts relat ing to the Town of Warsaw in Chatham County, and changing name to the Town of Thunderbolt, relating to municipal elections and polls; and for other purposes.
HB 93. By Mr. Lea of the 126th: A bill to amend an act to incorporate the City of Hapeville; to extend the city limits of Hapeville; to give said City of Hapeville jurisdiction beyond the corporate limits; and for other purposes.
HB 94. By Mr. Games of the 129th: 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 provide the compensation of the First Assistant Solicitor-General and Trial Assistant; and for other purposes.

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JOURNAL OF THE SENATE,

HB 95. By Mr. Carnes of the 129th:
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, so as to change the provisions relative to the payment of premiums; and for other purposes.

HB 99. By Mr. Hawkins of the 139th:
A bill to amend an act to create a new charter for the City of Alpharetta, by providing for the number of Council members to be elected to the City Council of said Alpharetta; and for other purposes.

HB 100. By Mr. Lea of the 126th:
A bill to amend an act to incorporate the City of Hapeville, so as to to eliminate the benefits to a surviving spouse; and for other purposes

HB 38. By Mr. McClatchey of the 138th:
A bill to amend Code Chapter 109A-10, relating to the Uniform Com mercial Code, so as to provide for the specific repeal of certain laws concerning the law of negotiable instruments; and for the other pur poses.

HB 50. By Mr. Sweat of the 83rd:
A bill to amend Code Section 27-101, relating to rewards offered by the Governor for the arrest of felons, so as to increase the reward which may be offered by the Governor in capital felonies; and for other pur poses.

HB 55. By Mr. Richardson of the 116th:
A bill to amend Code Section 92-1403, relating to the levy of a motor fuel tax and certain exemptions therefrom, so as to eliminate therefrom those provisions, relating to the storage capacity of certain watercraft as they pertain to the exemption of the tax on certain purchases of motor fuel therefor; and for other purposes.

HB 90. By Messrs. Johnson of the 40th, Minge and Starnes of the 13th, Williams of the 16th, Matthews of the 29th and others: A bill to repeal Code Section 68-703, relating to the maximum permissible speed for certain vehicles; and for other purposes.
HB 92. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th and Harris of the 118th: A bill to amend an act entitled the "Georgia Retailers and Consumers Sales and Use Tax Act", so as to change the compensation of the dealer

THURSDAY, JANUARY 20, 1966

73

for collecting, accounting for, and remitting the tax levied by said Act; and for other purposes.

HB 97. By Mr. Busbee of the 79th:
A bill to amend an act which comprehensively revised, superseded, and modernized appellate and other post-trial procedure in civil and criminal cases, so as to clarify the provisions relating to the fee which the superior court clerk shall receive from the State Law Department for furnishing an exact copy of the record or appeal in capital felony cases; and for other purposes.

HB 35. By Messrs. McClatchey of the 138th:
A bill to provide the manner in which executors, administrators and trustees may satisfy certain bequests and transfers by distribution of assets in kind; and for other purposes.

HB 4. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, Harris of the 118th and Steis of the 100th:
A bill to provide for the classification of motor vehicles as separate and distinct class of tangible property for ad valorem tax purposes and to adopt a different rate, method of assessment, and dates of assessment for such property; to define the term motor vehicle; and for other pur poses.

HB 5. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, Harris of the 118th and Steis of the 100th:
A bill to amend an act pertaining to the registration and licensing of motor vehicles in the counties throughout the State, so as 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.

HR 42. By Mr. Johnson of the 25th:
A resolution proposing an amendment to the Constitution so as to create the Elbert County Development Authority; and for other purposes.

HR 43. By Mr. Rush of the 75th:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law for the election of the members of the Board of Education of Tattnall County; and for other purposes.

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JOURNAL OF THE SENATE,

HR 52. By Mr. Wells of the 30th:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law for the election of the members of the Board of Education of Oglethorpe County by the people; and for other purposes.

HR 58. By Mr. Games of the 129th:
A resolution proposing an amendment to Article XI of the Constitution of the State of Georgia, so as to authorize the Commissioners of Roads and Revenues of Fulton County to regulate business in unincorporated areas of said county; and for other purposes.

HR 59. By Messrs Carnes of the 129th:
A resolution proposing an amendment to Article XI of the Constitution of the State of Georgia, so as to authorize the Commissioners of Roads and Revenues of Fulton County to operate sanitary landfills within the unincorporated areas of said county; and for other purposes.

HR 60. By Messrs. Carnes of the 129th:
A resolution proposing an amendment to the Constitution so as to au thorize the Commissioners of Roads and Revenues of Fulton County to conduct Recreational activities in certain cities; and for other purposes.

SR 17. By Senator Kendrick of the 32nd:
A resolution commending the Lockheed-Georgia Corporation; and for other purposes.

SR 20. A resolution relative to televising the Georgia-Georgia Tech Football Game; and for other purposes.

Senator Sanders of the 41st asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Banking and Finance and recommitted to the Committee on County and Municipal Governments:
SB 15. By Senator Sanders of the 41st:
A bill to amend Code section 92-6402, relating to the requirement that taxes be paid to that county in which the property taxed is required to be returned for taxation, as amended by an act approved March 10, 1964, (Ga. Laws 1964, p. 328) so as to change the procedure for the payment of taxes which are due in certain counties; and for other pur poses.

THURSDAY, JANUARY 20, 1966

75

The consent was granted.

Senator Owens of the 49th asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Health and Welfare, and recommitted to the Committee on Judiciary:

SB 43. By Senator Ballew of the 50th:
A bill to provide for a different time limit for the granting of adoptions under certain circumstances; to provide the circumstances under which the different time limits shall apply; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.

The consent was granted.

The president announced the Retirement Committee as follows:
Senators Plunkett of the 30th, Chairman, Eldridge of the 7th, Johnson of the 42nd, Gillis of the 20th, Webb of the llth, Maclntyre of the 40th and Kendrick of the 32nd.

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

SB 56. By Senators Broun of the 46th and Plunkett of the 30th:
A bill relating to the State Superintendent of Schools so as to fix the compensation of the State Superintendent of Schools; to exempt the State School Superintendent from the operation of certain acts relating to uniform salaries of certain State officials; and for other purposes.
Referred to Committee on Educational Matters.

SB 57. By Senator Webb of the llth:
A bill to amend an Act creating the offices of State Highway Depart ment, as amended, so as to provide that the State Highway Department shall be authorized to accept for the State all available Federal monies appropriated under the various Acts included under Title 23 of the United States Code, the same being enacted into law by Public Law 85-767, August 27, 1958, as amended; and for other purposes.
Referred to Committee on Highways.

SB 58. By Senators Kidd of the 25th and Dean of the 6th:
A bill to prohibit discrimination in employment because of age; and for other purposes.
Referred to Committee on Industry and Labor.

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JOURNAL OP THE SENATE,

SB 59. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd, Lee of the 47th and Flowers of the 10th:
A bill to amend an Act relating to credit for service as a member of the General Assembly in local pension systems so as to provide that the provisions of said Act shall not apply to any person employed or elected on or after April 1, 1966; and for other purposes.
Referred to Committee on Retirement.

SB 60. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd, Lee of the 47th and Flowers of the 10th: A bill to amend an Act establishing the State Employees' Retirement System, as amended, so as to disallow credit for service as a member of the General Assembly and to change the provisions relative to credit for service in the armed forces for future members; to provide an effec tive date; and for other purposes.
Referred to Committee on Retirement.
SB 61. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd, Lee of the 47th and Flowers of the 10th: A bill to amend an Act creating the Sheriffs' Retirement Fund of Geor gia so as to change the provisions relative to credit for service in the armed forces for future members; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Retirement.
SB 62. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd, Lee of the 47th and Flowers of the 10th: A bill to amend an Act establishing the Teachers' Retirement System, as amended, so as to change the provisions relative to credit for service in the armed forces for future members; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Retirement.

SB 63. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd, Lee of the 47th and Flowers of the 10th:
A bill to amend an Act creating the office of Solicitor General, Emeritus, as amended, so as to change the provisions relative to credit for ser vice in the armed forces; to provide an effective date; to repeal con flicting laws; and for other purposes.
Referred to Committee on Retirement.

SB 64. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd, Lee of the 47th and Flowers of the 10th:
A bill to amend an Act providing retirement benefits for the Clerks of the Superior Courts of Georgia, as amended, so as to change the pro-

THURSDAY, JANUARY 20, 1966

77

visions relative to credit for service in the armed forces for future members; to provide an effective date; and for other purposes.
Referred to Committee on Retirement.

SB 65. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd, Lee of the 47th and Flowers of the 10th:
A bill to amend an Act creating the office of Judge of the Superior Courts, Emeritus, as amended, so as to disallow credit for service as a member of the General Assembly; to change the provisions relative to credit for service in the armed forces; to provide an effective date; and for other purposes.
Referred to Committee on Retirement.

SB 66. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd, Lee of the 47th and Flowers of the 10th:
A bill to amend an Act establishing the Teachers' Retirement System, as amended, so as to provide for payment of employer and employee contributions in order to obtain credit for out-of-State teaching service by future members; to provide an effective date; and for other purposes.
Referred to Committee on Retirement.
SB 67. By Senators Webb of the llth, Johnson of the 42nd, Lee of the 47th and Flowers of the 10th:
A bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, as amended, so as to provide for penalties and interest on funds to be remitted to the Board of Commissioners; to provide when said funds shall be delinquent; and for other purposes.
Referred to Committee on Retirement.
SB 68. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd, Lee of the 47th and Flowers of the 10th:
A bill to provide that any bill relative to any retirement, pension or emeritus system or any other similar system, must be introduced in the General Assembly during the first ten days of any session thereof; to provide for fiscal notes; to provide the procedure connected with the foregoing; and for other purposes.
Referred to Committee 011 Retirement.
SB 69. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd, Lee of the 47th and Flowers of the 10th: A bill to create The Advisory Committee on Retirement Systems; to pro vide for members and their powers, duties, authority, terms, and com-

78

JOURNAL OF THE SENATE,

pensation; to provide for other matters relative to said Committee; to repeal conflicting laws; and for other purposes.
Referred to Committee on Retirement.

SB 70. By Senators Webb of the llth, Smalley of the 28th and Johnson of the 42nd:
A bill to amend an Act reorganizing the State Department of Law, as amended, so as to provide for the appointment, employment and removal of Assistant Attorneys General; Deputy Assistant Attorneys General, Law Assistants, and other employees; and for other purposes.
Referred to Committee on Rules.

SB 71. By Senators Webb of the llth and Jackson of the 16th:
A bill to amend an Act known as the "State School Building Authority Act'", as amended, so as to provide compensation for certain members of the State School Building Authority; and for other purposes.
Referred to Committee on Educational Matters.

SB 72. By Senators Webb of the llth and Jackson of the 16th:
A bill to amend the Georgia Health Code relating to Air Quality Con trol, so as to empower the Department of Public Health and county boards of health to determine factors responsible for air pollution; and for other purposes.
Referred to Committee on Health and Welfare.

SB 73. By Senators Webb of the llth and Jackson of the 16th:
A bill to amend the Georgia Health Code relating to Grants for Medical Facilities, so as to empower the State of Georgia to make grants to counties, municipalities or any hospital authority to assist in con struction and modernization of publicly owned and operated medical facilities and centers; and for other purposes.
Referred to Committee on Health and Welfare.

SB 74. By Senators Webb of the llth and Jackson of the 16th:
A bill to amend an Act known as the "Georgia Health Code" relating to Enforcement and Administrative Procedure, so as to provide the appellate procedure to be followed by any person aggrieved or adversely affected by any final order or action of any county board of health or the Department of Public Health; and for other purposes.
Referred to Committee on Health and Welfare.

THURSDAY, JANUARY 20, 1966

79

SB 75. By Senators Smith of the 18th, Downing of the 1st and Johnson of the 42nd:
A bill to amend an Act creating the Department of Public Safety and providing for the issuance, revocation, suspension and renewal of driver licenses, as amended, so as to provide that the Director may revoke the license of certain licensees upon their conviction of certain offenses; and for other purposes.
Referred to Committee on Rules.

SR 25. By Senators Webb of the llth and Jackson of the 16th:
A resolution proposing an amendment to the Constitution so as to pro vide for the payment for taking or damaging private property for public road and street purposes, in order to authorize the state to require the removal of existing outdoor advertising, and the removal or screening of existing outdoor junk yards or other installations interfering with the natural beauty of the highway and surrounding landscape, so as to prevent the loss of large sums of Federal money; and for other purposes.
Referred to Committee on Rules.

SR 26. By Senators Webb of the llth and Jackson of the 16th:
A resolution proposing an amendment to the Constitution so as to fur ther provide for and define the police power of the state, acting by and through the State Highway Board of Georgia and the State High way Department of Georgia; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
Referred to Committee on Rules.

SR 27. By Senators Gillis of the 20th and Smith of the 18th:
A resolution proposing an amendment to the Constitution, so as to authorize the Department of Industry and Trade to participate in the operation of certain facilities for the promotion of tourism in the State of Georgia; and for other purposes.
Referred to Committee on Rules.

HB 4. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, Harris of the 118th and Steis of the 100th:
A bill to provide for the classification of motor vehicles as a separate and distinct class of tangible property for ad valorem tax purposes and to adopt a different rate, method of assessment, and dates of assessment for such property; to define the term motor vehicle; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

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HB 5. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, Harris of the 118th and Steis of the 100th:
A bill to amend an act pertaining to the registration and licensing of motor vehicles in the counties throughout the State, so as 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.
Referred to Committee on Public Utilities and Transportation.

HB 12. By Messrs. Lambros of the 130th, Levitas of the 118th, McClatchey of the 138th and others:
A bill to amend an act establishing a new charter for the City of Atlanta, relating to the office of the president of the Board of Alder men; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 13. By Messrs. Lambros of the 130th, Dillon of the 128th, Hood of the 124th, McClatchey of the 138th and others:
A bill establishing a Municipal Court of the City of Atlanta, so as to provide for a standard and uniform cost bill; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 22. By Mr. Mauldin of the 18th:
A bill to abolish the present mode of compensating the sheriff of Franklin County, known as the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 23. By Mr. Mauldin of the 18th:
A bill to amend an act incorporating the City of Royston, so as to provide that all members of the Council shall be elected from the city at large, in lieu of by wards; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 35. By Mr. McClatchey of the 138th:
A bill to provide the manner in which executors, administrators and trustees may satisfy certain bequests and transfers by distribution of assets in kind; and for other purposes.
Referred to Committee on Judiciary.

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81

HB 38. By Mr. McClatchey of the 138th:
A bill to amend Code chapter 109A, relating to the Uniform Commercial Code, so as to provide for the specific repeal of certain laws concerning the law of negotiable instruments; and for other purposes.
Referred to Committee on Judiciary.

HB 40. By Messrs. Melton and Gaissert of the 34th:
A bill to amend the charter of the City of Griffin, relating to the commissioner's salary; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 50. By Mr. Sweat of the 83rd:
A bill to amend code section 27-101, relating to rewards offered by the Governor for the arrest of felons, so as to increase the reward which; may be offered by the Governor in capital felonies; and for other pur poses.
Referred to Committee on Judiciary.

HB 55. By Mr. Richardson of the 116th: A bill to amend Code section 92-1403, relating to the levy of a motor fuel tax and certain exemptions therefrom, so as to eliminate there from, those provisions relating to the storage capacity of certain watercraft; and for other purposes.
Referred to Committee on Highways.
HB 61. By Mr. Watkins of the 9th: A bill to amend an act creating a County Commissioner of Roads and Revenues and an Advisory Board of Gilmer County, so as to change the compensation of the Commissioner of Roads and Revenues; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 62. By Mr. Watkins of the 9th: A bill to amend an act creating the office of Commissioner of Roads and Revenues of Pickens County, so as to change the compensation of the Commissioner of Roads and Revenues; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 64. By Mr. Watkins of the 9th: A bill to abolish the present method of compensating the sheriff of Gilmer County, known as the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

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HB 65. By Mr. Watkins of the 9th:
A bill to abolish the present method of compensating the Sheriff of Pickens County, known as the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 67. By Mr. Dorminy of the 72nd:
A bill to amend an act amending and revising the charter for the City of Fitzgerald; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 69. By Mr. Rush of the 75th:
A bill to amend an act creating a board of commissioners of roads and revenues for the County of Tattnall, so as to change the compensation of the commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 70. By Mr. Rush of the 75th:
A bill to abolish the present mode of compensation of the clerk of the Superior Court of Tattnall County, known as the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 71. By Mr. Rush of the 75th:
A bill to abolish the present mode of compensating the sheriff of Tattnall County, known as the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 80. By Mr. Wells of the 30th:
A bill to fix the terms of the Superior Court of Oglethorpe County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 86. By Messrs. Cook of the 123rd, Carnes of the 129th, Dillon of the 128th, Brown of the 120th and others:
A bill to amend an act establishing a new charter for the City of Atlanta, so as to extend the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.

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83

HB 87. By Mr. Johnson of the 40th:
A bill to amend an act entitled "An act to incorporate the town of Bearing, in McDuffie County", so as to increase the term of office of the mayor and councilmen; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 88. By Mr. Johnson of the 40th:
A bill to amend an act amending, consolidating and superseding previous acts relating to the incorporation of the City of Thomson, so as to change the procedure for the sale of property belonging to the city; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 89. By Messrs. Matthews and Newton of the 94th:
A bill to amend an act of the legislature relative to Colquitt County compensation of sheriff, so as to change the compensation of the sheriff of Colquitt County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 90. By Messrs. Johnson of the 40th, Minge and Starnes of the 13th, Williams of the 16th, Matthews of the 29th and others:
A bill to repeal Code section 68-703, relating to the maximum permissible speed for certain vehicles; and for other purposes.
Referred to Committee on Judiciary.

HB 91. By Messrs. Richardson of the 116th, Powers of the 113th, Gaynor of the 114th, Kiley of the 115th, Gignilliat of the 113th, Smith of the 114th, Tye of the 115th, Drew and Funk of the 116th:
A bill to amend an act revising and consolidating the several acts relat ing to and incorporating the Town of Warsaw in Chatham County, and changing name to the Town of Thunderbolt; relating to municipal elections and polls; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 92. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th, and Harris of the 118th:
A bill to amend an act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to change the compensation of the dealer for collecting, accounting for, and remitting the tax levied by said act; and for other purposes.
Referred to Committee on Rules.

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JOURNAL OF THE SENATE,

HB 93. By Mr. Lea of the 126th:
A bill to amend an act to incorporate the City of Hapeville; to extend the city limits of Hapeville; to give said City of Hapeville jurisdiction beyond the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 94. By Mr. Games of the 129th:
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 provide the compensation of the first assistant solicitor-general and trial assistant; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 95. By Mr. Carnes of the 129th:
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, so as to change the provisions relative to the payment of premiums; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 97. By Mr. Busbee of the 79th:
A bill to amend an act relating to post-trial procedure in civil and criminal cases, so as to clarify the provisions relating to the fee which the superior court clerk shall receive from the State Law Department for furnishing an exact copy of the record or appeal in capital felony cases; and for other purposes.
Referred to Committee on Judiciary.

HB 99. By Mr. Hawkins of the 139th:
A bill to amend an act to create a new charter for the City of Alpharetta, by providing for the number of council members to be elected to the city council of said Alpharetta; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 100. By Mr. Lea of the 126th:
A bill to amend an act to incorporate the City of Hapeville, so as to eliminate the benefits to a surviving spouse; and for other purposes.
Referred to Committee on County and Municipal Governments.

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85

HR 42. By Mr. Johnson of the 25th:
A resolution proposing an amendment to the Constitution so as to create the Elbert County Development Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 43. By Mr. Rush of the 75th:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law for the election of the members of the Board of Education of Tattnall County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 52. By Mr. Wells of the 30th:
A resolution proposing an amendment to the Constitution so as to provide by law for the election of the members of the Board of Education of Oglethorpe County by the people; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 58. By Mr. Carnes of the 129th:
A resolution proposing an amendment to Article XI of the Constitution of the State of Georgia, so as to authorize the Commissioners of Roads and Revenues of Fulton County to regulate business in unincorporated areas of said county; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 59. By Mr. Carnes of the 129th:
A resolution proposing an amendment to Article XI of the Constitution of the State of Georgia, so as to authorize the Commissioners of Roads and Revenues of Fulton County to operate sanitary landfills within the unincorporated areas of said county; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 60. By Mr. Carnes of the 129th:
A resolution proposing an amendment to the Constitution so as to authorize the Commissioners of Roads and Revenues of Fulton County to conduct recreational activities in certain cities; and for other purposes.
Referred to Committee on County and Municipal Governments.

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The following bills and resolutions were read the second time:

SB 50. By Senators Wesberry of the 37th, Johnson of the 38th, and Maclntyre of the 40th:
A bill to grant to the incorporated municipalities of this State certain basic powers, including certains powers to require the repair, closing or demolition of certain dwellings, buildings or structures; to define certain terms whenever used or referred to in this article; to provide for the execution of said Act by ordinance; and for other purposes.

SB 51. By Senators Salome of the 36th and Coggin of the 35th:
A bill relating applicants for admission to the practice of law so as to change the educational requirements for applicants for admission to the practice of law; and for other purposes.

SB 52. By Senators Coggin of the 35th, Kendrick of the 32nd, Noble of the 19th, Eldridge of the 7th, Young of the 13th and Rowan of the 8th:
A bill relating to the powers of the Public Service Commission to ex ercise general supervision over all common carriers, so as to provide that the Public Service Commission shall have the jurisdiction and authority to prescribe, promulgate and enforce reasonable rules and regulations relating to the safety of the public and railroad employees; and for other purposes.

SB 53. By Senators Lee of the 47th and Sanders of the 41st:
A bill to provide a different statute of limitations on any action, whether in contract, in tort or otherwise, to recover damages for any deficiency of construction of an improvement to real property, or for injury to property out of such deficiency; and for other purposes.

SB 54. By Senator Wesberry of the 37th:
A bill relating to the inspection of public records so as to provide for the inspection by the public of the records of any board, bureau, com mission, authority or public agency which is wholly or partially sup ported by public moneys; and for other purposes.

SB 55. By Senator Downing of the 1st:
A bill to require the identification of the registry of all ships, for the protection of the public; to require such information be contained in all promotional material; and for other purposes.

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87

SR 21. By Senator Downing of the 1st:
A resolution designating the Thomas J. Dooley Bridge; and for other purposes.

SR 22. By Senator Wesberry of the 37th:
A resolution proposing a Commission on Honesty in Government; and for other purposes.

SR 23. By Senator Wesberry of the 37th:
A resolution proposing an Honesty Code for public officials; and for other purposes.

SR 24. By Senator Pennington of the 45th:
A resolution designating the Charlie Lay Bridge; and for other pur poses.

HB 3. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend an act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Com mission, so as to increase certain license fees; and for other purposes.

HB 9. By Mr. Lewis of the 50th:
A bill to abolish the present mode of compensating the sheriff of Burke County known as the fee system; and for other purposes.

HB 10. By Mr. Howell of the 86th:
A bill to abolish the present mode of compensating the sheriff of Early County known as the fee system; and for other purposes.

HB 19. By Mr. Fulford of the 67th:
A bill to create a Board of Commissioners of Roads and Revenues for Terrell County; and for other purposes.

HB 20. By Mr. Fulford of the 67th:
A bill to abolish the present method of compensating the sheriff of Lee County, known as the fee system; and for other purposes.

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HB 21. By Mr. Fulford of the 67th:
A bill to change the terms of the Superior Court of Lee County and for other purposes.

HB 28. By Messrs. Harris of the 118th and Carley of the 117th:
A bill to amend section 37-607 of the 1933 Code of Georgia, so as to provide that powers of sale and other powers in deeds of trust, mortgage and other instruments may be exercised by transferees and other parties regardless of whether or not the transfer specifically includes such powers or conveys title to the property described; and for other pur poses.

HB 29. By Messrs. Harris of the 118th and Carley of the 117th:
A bill to amend Code chapter 67-13 of the 1933 Code of Georgia relating to conveyances to secure debt, so as to provide for a new code section to be designated as Code section 67-1305A; to provide the language to be incorporated in such code section; and for other purposes.

HB 32. By Mr. Jones of the 112th:
A bill to provide that every parent having in custody and control over a minor child or children under the age of 17 shall be liable for the wilful and wanton acts of said minor resulting in injury or damage to the person or property, or both, of another; and for other purposes.

HB 42. By Messrs. Carley, Malone and Palmer of the 117th and Harris of the 118th:
A bill to amend an act relating to the corporation laws of the State, so as to change the time when advertisements shall appear after the filing of the application or petition for charter; and for other purposes.

Mr. Rowan of the 8th District Secretary of the Committee on Rules submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following Bills and Resolutions of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 5. Do Pass. SR 11. Do Pass. SR 9. Do Pass.

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89

SB 9. Do Pass. SR 15. Do Pass.

Repectfully submitted, Rowan of 8th district, Chairman.

Mr. Kendriek of the 32nd District Chairman of the Committee on Educational Matters submitted the following report:
Mr. President:
Your Committee on Educational Matters has had under consideration the ^following bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 11. Do Pass. Repectfully submitted, Kendriek of 32nd 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 resolutions of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SR 7. Do Pass. Repectfully submitted, McGill of 24th District, Secretary

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

SB 1. By Senator Webb of the llth:
A bill to provide that the holding, owning, having in possession of or paying the tax for a wagering occupational tax stamp, or for paying

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the special tax on certain coin-operated devices issued by the Internal Revenue Authorities of the United States shall be held in all the courts of this State as prima facie evidence against the person holding such stamp in any prosecution of such person for violation of the gambling laws of this State; to repeal conflicting laws; and for other purposes.

Senator Lee of the 47th moved that SB 1 be recommitted to the Committee on Temperance.

On the motion to recommit, the ayes were 26, nays 15, and the motion pre vailed.

Senator Webb of the llth gave notice that at the proper time he would move that the Senate reconsider its action on SB 1.

SB 9. By Senator Wesberry of the 37th:
A bill to amend an act requiring employees of the State to take a prescribed loyalty oath, approved February 23, 1949, (Ga. Laws 1949, p. 960), as amended, so as to provide for an amended oath form; and for other purposes.

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

On the passage of the bill, the ayes were 30, nays 2.

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

SB 11. By Senators Webb of the llth, Carter of the 14th and others:
A bill to provide for additional members of the Georgia Educational Improvement Council; and for other purposes.

Senator Webb of the llth asked unanimous consent that SB 11 be postponed to January 24, 1966.

The consent was granted.

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91

SR 7. By Senator Kendrick of the 32nd:
A resolution designating the J. M. "Hoot" Gibson Bridge; and for other purposes.

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

On the adoption of the resolution, the ayes were 28, nays 0.

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

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.

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JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Monday, January 24, 1966.

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 Lee Ramsey, pastor, First Methodist Church, Nahunta, Georgia.

Prayer was offered by the Reverend Peter Calhoun, pastor, St. Augustine's Episcopal Church, Morrow, Georgia.

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

Adams Ballew Bateman Broun Carter Coggin Dean Downing1 Edenfield Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory 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 50th reported that the journal of Thursday's pro ceedings had been read and found correct.

Senator Webb of the llth moved that the Senate reconsider its action of Thursday in recommitting the following bill of the Senate:

SB 1. By Senator Webb of the llth:
A bill to provide that the holding, owning, having in possession of or paying the tax for a wagering occupational tax stamp, or for paying the special tax on certain coin-operated devices issued by the Internal

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93

Revenue Authorities of the United States shall be held in all the courts of this State as prima facie evidence against the person holding such stamp in any prosecution of such person for violation of the gambling laws of this State; to repeal conflicting laws; and for other purposes.

On the vote, 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 Bateman Broun Carter Dean Edenfield Fincher of 51st Fincher of 54th Flowers Hall

Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kilpatrick Maclntyre Miller Moore McKenzie

Owens Plunkett Searcey Smalley Smith Spinks Thompson Tribble Webb Wesberry Yancey

Those voting in the negative were Senators:

Coggin Downing Eldridge Gillis Gregory Johnson of 38th

Kidd Lee Minish McGill Noble Padgett

Pennington Rowan Salome Sanders Ward Young

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

On the motion to reconsider, the ayes were 33, nays 18.

The motion prevailed, and SB 1 was placed on the calendar.

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

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JOURNAL OP THE SENATE,

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 of the House to-wit:

HB 73. By Mr. Spillers of the 37th:
A bill to amend an act granting a new charter to the City of Covington, Georgia, as amended, so as to clarify certain provisions therein; and for other purposes.

HB 107. By Mr. Longino of the 122nd:
A bill to amend an act creating a new charter for the City of Fairburn (Acts of 1925, p. 1024), and amendatory acts thereto, so as to extend the City Limits to the City of Fairburn; to provide for the severability of any provisions or provision of this act; to repeal conflicting laws; and for other purposes.

HB 108. By Mr. Rush of the 75th:
A bill to amend an act establishing the City Court of Reidsville, as amended, so as to increase the compensation of the judge; and for other purposes.

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95

HB 115. By Mr. Murphy of the 26th:
A bill to amend an act providing an annual salary for the treasurer of Haralson County, as amended, so as to increase the compensation of the treasurer of Haralson County; and for other purposes.

HB 116. By Mr. Murphy of the 26th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Haralson County, as amended, so as to increase the salary of the Commissioner of Roads and Revenues for Haralson County; and for other purposes.

HB 124. By Mr. Wells of the 30th:
A bill to abolish the present system of compensating the Sheriff of Oglethorpe County, known as the fee system, and to provide in lieu thereof an annual salary for the Sheriff; to provide for the furnishing of an automobile, by county, for the use of the Sheriff in the performance of his official duties; and for other purposes.

HB 129. By Mr. Rush of the 75th:
A bill to amend an act establishing the City Court of Reidsville, approved August 22, 1905 (Ga. Laws 1905, p. 335), as amended, so as to change the method of compensating the solicitor, clerk and the sheriff of said court; to provide for an effective date; to repeal conflicting laws; and for other purposes.

HB 130. By Messrs. Dailey of the 66th, Howell of the 86th, Fulford of the 67th, Jordan of the 78th, and Brackin of the 87th:
A bill to amend an act fixing the compensation of the solicitor general of the Pataula Judicial Circuit, as amended, so as to increase the com pensation of the solicitor General of the Pataula Judicial Circuit; and for other purposes.
HB 144. By Messrs. Carr of the 48th, and Rowland of the 48th:
A bill to amend, consolidate and supersede the previous acts relating to the incorporation of the town of Harrison and to provide a new charter therefor; to provide for a mayor and councilmen; to provide for their election; to provide for the registration of voters; and for other purposes.

The House has adopted by the requisite constitutional majority the following resolutions of the House to-wit:

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JOURNAL OP THE SENATE,

HR 36. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A resolution to ratify, approve and confirm the Executive Order of the Governor, dated July 9, 1965, suspending the collection of the tax imposed by the Georgia Retailers and Consumers Sales and Use Tax Act attributable to the inclusion of the Federal Manufacturers Excise Tax in the base of said Sales Tax until the next meeting of the General Assembly; and for other purposes.

HR 37. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A resolution to ratify, approve and confirm the Executive Order of the Governor, dated March 29, 1965, 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 38. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th: A resolution to ratify, approve and confirm the Executive Order of the Governor, dated May 31, 1965, suspending the collection of taxes imposed by the Georgia Retailers and Consumers Sales and Use Tax Act on certain tangible personal property purchased outside the State of Georgia and subsequently brought into this State as a result of the purchaser becoming domiciled herein until the next meeting of the Gen eral Assembly; and for other purposes.
HB 68. By Messrs. Steis of the 100th, Jones of the 76th, Minge and Starnes of the 13th, Fulford of the 67th and others: A bill to be entitled an Act to amend an Act relating to Supreme Court and Judges of Court of Appeals, so as to change the salaries of the Justices of the Supreme Court and the Judges of the Court of Appeals; and for other purposes.
HB 111. By Mrs. Merritt of the 68th, Messrs. Lambert of the 38th, Williams of the 16th, Gary and Harrell of the 35th, Johnson of the 40th, Mitchell of the 3rd and others: A bill to amend Code Section 68-214 relating to motor vehicle license plates and their description, so as to require that the faces of license plates shall be treated with a reflective material in order to reduce road accidents and improve the visibility and legibility of license plates after dark; and for other purposes.
HR 73. By Messrs. Wilson and Henderson of the 102nd, Howard and McDaniell of the 101st: A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to establish a county manager form of

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97

county government, without regard to uniformity, for Cobb County; and for other purposes.

HR 76. By Mr. Lambert of the 38th:
A resolution proposing an amendment to the Constitution so as to provide for an additional two members of the Board of Education of Morgan County; and for other purposes.

HR 110. By Messrs. Williams of the 82nd, Pafford of the 97th, Blalock of the 33rd, Lee of the 35th, Gary of the 35th and Hassell of the 35th:
A resolution honoring Honarable Charles Edward Gross Stewart, Sr.; and for other purposes.

The following resolutions were read and adopted:

SR 32. By Senator Jackson of the 16th: A resolution commending and expressing appreciation to Mr. Charles M. Black; and for other purposes.
SR 33. By Senators Webb of the llth and Jackson of the 16th: A resolution welcoming the municipal officials of the State of Georgia; and for other purposes.
SR 34. By Senator Hall of the 52nd: A resolution commending the West Rome, Georgia, High School Football Team; and for other purposes.
SR 35. By Senator Hall of the 52nd: A resolution commending Honorable Paul Kennedy; and for other pur poses.
HR 110. By Messrs. Williams of the 82nd, Pafford of the 97th, Blalock of the 33rd, Lee of the 35th, Gary of the 35th and Hassell of the 35th: A resolution honoring the Honorable Charles Edward Gross Stewart, Sr.; and for other purposes.
The following bills and resolutions were introduced, read the first time, and Referred to committees:

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JOURNAL OF'THE SENATE,

SB 76. By Senator Coggin of the 35th:
A bill to amend an Act known as "Eminent Domain -- Condemnation Proceedings Before A Special Master" to provide a method of per fecting service on non-residents; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 77. By Senator Rowan of the 8th and Jackson of the 16th:
A bill to amend an Act creating the Georgia State Board of Funeral Services and regulating the practice of embalming and funeral di recting so as to provide for the licensing of funeral establishments; to provide for applications; to provide for suspension and revocation of licenses; and for other purposes.
Referred to Committee on Health and Welfare.

SB 78. By Senators Rowan of the 8th and Jackson of the 16th:
A bill to provide for pre-need funeral service contracts; to provide a declaration of policy; to provide for definitions; to provide for the administration and enforcement of this Act by the Comptroller General; to provide for forms and regulations; to provide for certificates of au thority; and for other purposes.
Referred to Committee on Health and Welfare.

SB 79. By Senator Kendrick of the 32nd:
A bill to amend the "Minimum Foundation Program of Education Act", so as to remove therefrom the provisions permitting a local board of education to employ certain personnel without the recommendation of the superintendent of schools of the local unit; and for other purposes.
Referred to Committee on Educational Matters.

SB 80. By Senator Fincher of the 51st:
A bill to amend an Act relating to the dispensing of certain dangerous drugs so as to provide that it shall be unlawful for any person to obtain or attempt to obtain a dangerous drug or procure or attempt to procure the administration of such a drug under certain circumstances; and for other purposes.
Referred to Committee on Health and Welfare.
SB 81. By Senators Broun of the 46th, Kilpatrick of the 44th, Minish of the 48th, Thompson of the 34th and Searcey of the 2nd:
A bill to amend Code Chapter 26-26, relating to the several kinds of larceny or theft and the punishment therefor so as to change the punish-

MONDAY, JANUARY 24, 1966

99

ment for larceny of certain motor vehicles upon the defendant's second conviction of such offense; and for other purposes.
Referred to Committee on Judiciary.

SB 82. By Senators Lee of the 47th and Maclntyre of the 40th:
A bill to amend the Georgia Insurance Code relating to definitions so as to change the provisions relating to the definition of "controlled busi ness of a person"; to repeal conflicting laws; and for other purposes.
Referred to Committee on Industry and Labor.

SB 83. By Senators Wesberry of the 37th, Searcey of the 2nd, Rowan of the 8th, Sanders of the 41st, Salome of the 36th and Adams of the 26th:
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.

SB 84. By Senators Rowan of the 8th, Minish of the 48th, Noble of the 19th and others:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act" so so as to change the minimum salaries established by the State Board of Education of drivers of certain school buses; and for other purposes.
Referred to Committee on Educational Matters.

SB 85. By Senator Johnson of the 38th:
A bill to create a State-wide tenure law for all administrative and teaching personnel of the public school system, except those who work directly under a State or local merit system; and for other purposes.
Referred to Committee on Educational Matters.

SB 86. By Senators Webb of the llth, Rowan of the 8th, Spinks of the 9th, Carter of the 14th, Pennington of the 45th and others:
A bill to amend Code Section 47-102, relating to State Senatorial Districts so as to remove the provision requiring Senators in those Senatorial Districts consisting of less than one county to be elected by all voters of the county in which the district is located; and for other purposes.
Referred to Committee on Rules.

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SB 87. By Senator Smalley of the 28th:
A bill to comprehensively and exhaustively revise, supersede, and modernize pre-trial, trial and certain post-trial procedures in civil cases; to provide for one form of action; and for other purposes.
Referred to Committee on Judiciary.

SR 28. By Senator Miller of the 43rd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the exemption from taxation of burial plots and crypts which are not held for resale; and for other purposes.
Referred to Committee on Judiciary.

SR 29. By Senators Broun of the 46th, Plunkett of the 30th, Carter of the 14th, Hall of the 62nd and Lee of the 47th:
A resolution proposing an amendment to the Constitution so as to provide a method for electing members of the State Board of Educa tion; to provide that the State Superintendent shall be appointed by the State Board of Education; to provide the procedure connected there with; and for other purposes.
Referred to Committee on Educational Matters.

SR 30. By Senator Johnson of the 38th:
A resolution creating an interim legislative committee for the purpose of studying the fluoridation of water supply systems; and for other purposes.
Referred to Committee on Rules.

SR 31. By Senator Kendrick of the 32nd:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of the members of the State Board of Education by the voters of each congressional district and to provide for the ap pointment of the State School Superintendent by the State Board of Education; and for other purposes.
Referred to Committee on Rules.

HB 68. By Messrs. Steis of the 100th, Jones of the 76th, Minge and Starnes of the 13th, Fulford of the 67th and others:
A bill to amend an act relating to Supreme Court and judges of Court of Appeals, so as to change the salaries of the justices of the Supreme Court and the judges of the Court of Appeals; and for other purposes.
Referred to Committee on Judiciary.

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101

HB 111. By Mrs. Merritt of the 68th, Messrs. Lambert of the 38th, Williams of the 16th, Gary and Harrell of the 35th, Johnson of the 40th Mitehell of the 3rd and others:
A bill to amend Code section 68-214 relating to motor vehicle license plates and their description, so as to require that the faces of license plates shall be treated with a reflective material in order to reduce road accidents and improve the visibility and legibility of license plates after dark; and for other purposes.
Referred to Committee on Rules.

HB 73. By Mr. Spillers of the 37th: A bill to amend an act granting a new charter to the City of Covington, so as to clarify certain provisions therein; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 108. By Mr. Rush of the 75th: A bill to amend an act establishing the City Court of Reidsville, so as to increase the compensation for the judge; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 115. By Mr. Murphy of the 26th: A bill to amend an act providing an annual salary for the treasurer of Haralson County, so as to increase the compensation of the treasurer of Haralson County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 116. By Mr. Murphy of the 26th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Haralson County, so as to increase the salary of the commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 107. By Mr. Longino of the 122nd:
A bill to amend an act creating a new charter for the City of Fairburn, so as to extend the city limits; and for other purposes.
Referred to Committee on County and Municipal Governments

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HB 124. By Mr. Wells of the 30th:
A bill to abolish the present system of compensating the sheriff of Oglethorpe 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 129. By Mr. Rush of the 75th:
A bill to amend an act establishing the City Court of Reidsville, so as to change the method of compensating the solicitor, clerk and the sheriff of said court; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 130. By Messrs. Dailey of the 66th, Howell of the 86th, Pulford of the 67th, Jordan of the 78th and Brackin of the 87th:

A bill to amend an act fixing the compensation of the solicitor general

of the Pataula Judicial Circuit, so as to increase the compensation of

the solicitor general of the Pataula Judicial Circuit; and for other pur

poses.

,

Referred to Committee on County and Municipal Governments.

HB 144. By Messrs. Carr and Rowland of the 48th:
A bill to amend, consolidate and supersede the previous acts relating to the incorporation of the town of Harrison and to provide a new charter therefor; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 86. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A resolution to ratify, approve and confirm the Executive Order of the Governor, dated July 9, 1965, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act attributable to the inclusion of the Federal Manufacturers' Excise Tax in the base of said sales tax until the next meeting of the General Assembly; and for other purposes.
Referred to Committee on Rules.

HR 37. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A resolution to ratify, approve and confirm the Executive Order of the Governor, dated March 29, 1965, suspending the collection of the tai

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103

imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the sale and use of the Holy Bible and Testament until the next meeting of the General Assembly; and for other purposes.
Referred to Committee on Rules.

HR 38. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A resolution to ratify, approve and confirm the executive order of the Governor, dated May 31, 1965, suspending the collection of taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on certain tangible personal property purchased outside the State of Georgia and subsequently brought into this State as a result of the purchaser becoming domiciled herein until the next meeting of the General As sembly; and for other purposes.
Referred to Committee on Rules.

HR 73. By Messrs. Wilson and Henderson of the 102nd, Howard and McDaniel of the 101st:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to establish a county manager form of government, without regard to uniformity, for Cobb County, and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 76. By Mr. Lambert of the 38th: A resolution proposing an amendment to the Constitution so as to provide for an additional two members of the Board of Education of Morgan County; and for other purposes.
Referred to Committee on County and Municipal Governments.
The following bills and resolutions were read the second time:
SB 56. By Senators Broun of the 46th and Plunkett of the 30th: A bill relating to the State Superintendent of Schools so as to fix the compensation of the State Superintendent of Schools; to exempt the State School Superintendent from the operation of certain acts relating to uniform salaries of certain State officials; and for other purposes.
SB 57. By Senator Webb of the llth: A bill to amend an Act creating the offices of State Highway Depart ment, as amended, so as to provide that the State Highway Department

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shall be authorized to accept for the State all available Federal monies appropriated under the various Acts included under Title 23 of the United States Code, the same being enacted into law by Public Law 85-767, August 27, 1958, as amended; and for other purposes.

SB 58. By Senators Kidd of the 25th and Dean of the 6th:
A bill to prohibit discrimination in employment because of age; and for other purposes.

SB 59. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd, Lee of the 47th and Flowers of the 10th:
A bill to amend an Act relating to credit for service as a member of the General Assembly in local pension systems so as to provide that the provisions of said Act shall not apply to any person employed or elected on or after April 1, 1966; and for other purposes.

SB 60. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd, Lee of the 47th and Flowers of the 10th:
A bill to amend an Act establishing the State Employees' Retirement System, as amended, so as to disallow credit for service as a member of the General Assembly and to change the provisions relative to credit for service in the armed forces for future members; to provide an effec tive date; and for other purposes.
SB 61. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd, Lee of the 47th and Flowers of the 10th:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia so as to change the provisions relative to credit for service in the armed forces for future members; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 62. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd, Lee of the 47th and Flowers of the 10th:
A bill to amend an Act establishing the Teachers' Retirement System, as amended, so as to change the provisions relative to credit for service in the armed forces for future members; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 63. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd, Lee of the 47th and Flowers of the 10th:
A bill to amend an Act creating the office of Solicitor General, Emeritus, as amended, so as to change the provisions relative to credit for service

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105

in the armed forces; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 64. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd, Lee of the 47th and Flowers of the 10th:
A bill to amend an Act providing retirement benefits for the Clerks of the Superior Courts of Georgia, as amended, so as to change the pro visions relative to credit for service in the armed forces for future members; to provide an effective date; and for other purposes.

SB 65. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd, Lee of the 47th and Flowers of the 10th:
A bill to amend an Act creating the office of Judge of the Superior Courts, Emeritus, as amended, so as to disallow credit for service as a member of the General Assembly; to change the provisions relative to credit for service in the armed forces; to provide an effective date; and for other purposes.

SB 66. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd, Lee of the 47th and Flowers of the 10th:
A bill to amend an Act establishing the Teachers' Retirement System, as amended, so as to provide for payment of employer and employee contributions in order to obtain credit for out-of-State teaching ser vice by future members; to provide an effective date; and for other purposes.

SB 67. By Senators Webb of the llth, Johnson of the 42nd, Lee of the 47th and Flowers of the 10th:
A bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, as amended, so as to provide for penalties and interest on funds to be remitted to the Board of Commissioners; to provide when said funds shall be delinquent; and for other purposes.

SB 68. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd, Lee of the 47th and Flowers of the 10th:
A bill to provide that any bill relative to any retirement, pension or emeritus system or any other similar system, must be introduced in the General Assembly during the first ten days of any session thereof; to provide for fiscal notes; to provide the procedure connected with the foregoing; and for other purposes.

SB 69. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd, Lee of the 47th and Flowers of the 10th:
A bill to create The Advisory Committee on Retirement System; to pro vide for members and their powers, duties, authority, terms, and corn-

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pensation; to provide for other matters relative to said Committee; to repeal conflicting laws; and for other purposes.

SB 70. By Senators Webb of the llth, Smalley of the 28th and Johnson of the 42nd:
A bill to amend an Act reorganizing the State Department of Law, as amended, so as to provide for the appointment, employment and removal of Assistant Attorneys General, Deputy Assistant Attorneys General, Law Assistants, and other employees; and for other purposes.

SB 71. By Senators Webb of the llth and Jackson of the 16th:
A bill to amend an Act known as the "State School Building Authority Act", as amended, so as to provide compensation for certain members of the State School Building Authority; and for other purposes.

SB 72. By Senators Webb of the llth and Jackson of the 16th:
A bill to amend the Georgia Health Code relating to Air Quality Control, so as to empower the Department of Public Health and county boards of health to determine factors responsible for air pollution; and for other purposes.

SB 73. By Senators Webb of the llth and Jackson of the 16th:
A bill to amend the Georgia Health Code relating to Grants for Medical Facilities, so as to empower the State of Georgia to make grants to counties, municipalities or any hospital authority to assist in con struction and modernization of publicly owned and operated medical facilities and centers; and for other purposes.

SB 74. By Senators Webb of the llth and Jackson of the 16th:
A bill to amend an Act known as the "Georgia Health Code" relating to Enforcement and Administrative Procedure, so as to provide the ap pellate procedure to be followed by any person aggrieved or adversely affected by any final order or action of any county board of health or the Department of Public Health; and for other purposes.

SB 75. By Senators Smith of the 18th, Downing of the 1st and Johnson of the 42nd:
A bill to amend an Act creating the Department of Public Safety and providing for the issuance, revocation, suspension and renewal of driver licenses, as amended, so as to provide that the Director may revoke the license of certain licensees upon their conviction of certain offenses; and for other purposes.

MONDAY, JANUARY 24, 1966

107

SR 25. By Senators Webb of the llth and Jackson of the 16th:
A resolution proposing an amendment to the Constitution so as to pro vide for the payment for taking or damaging private property for public road and street purposes, in order to authorize the state to require the removal of existing outdoor advertising, and the removal or screening of existing outdoor junk yards or other installations in terfering with the natural beauty of the highway and surrounding landscape, so as to prevent the loss of large sums of Federal money; and for other purposes.

SR 26. By Senators Webb of the llth and Jackson of the 16th:
A resolution proposing an amendment to the Constitution so as to fur ther provide for and define the police power of the state, acting by and through the State Highway Board of Georgia and the State Highway Department of Georgia; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

SR 27. By Senators Gillis of the 20th and Smith of the 18th:
A resolution proposing an amendment to the Constitution, so as to authorize the Department of Industry and Trade to participate in the operation of certain facilities for the promotion of tourism in the State of Georgia; and for other purposes.

HB 4. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, Harris of the 118th and Steis of the 100th:
A bill to provide for the classification of motor vehicles as a separate and distinct class of tangible property for ad valorem tax purposes and to adopt a different rate, method of assessment, and dates of assessment for such property; to define the term motor vehicle; and for other purposes.

HB 5. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, Harris of the 118th and Steis of the 100th:
A bill to amend an act pertaining to the registration and licensing of motor vehicles in the counties throughout the State, so as 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.

HB 12. By Messrs. Lambros of the 130th, Levitas of the 118th, McClatchey of the 138th and others:
A bill to amend an act establishing a new charter for the City of Atlanta, relating to the office of the president of the Board of Alder men; and for other purposes.

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HB 13. By Messrs. Lambros of the 130th, Dillon of the 128th, Hood of the 124th, McClatchey of the 138th and others:
A bill establishing a Municipal Court of the City of Atlanta, so as to provide for a standard and uniform cost bill; and for other purposes.

HB 22. By Mr. Mauldin of the 18th:
A bill to abolish the present mode of compensating the sheriff of Franklin County, known as the fee system; and for other purposes.

HB 23. By Mr. Mauldin of the 18th:
A bill to amend an act incorporating the City of Royston, so as to provide that all members of the Council shall be elected from the city at large, in lieu of by wards; and for other purposes.

HB 35. By Mr. McClatchey of the 138th:
A bill to provide the manner in which executors, administrators and trustees may satisfy certain bequests and transfers by distribution of assets in kind; and for other purposes.

HB 38. By Mr. McClatchey of the 138th:
A bill to amend Code chapter 109A, relating to the Uniform Commercial Code, so as to provide for the specific repeal of certain laws con cerning the law of negotiable instruments; and for other purposes.

HB 40. By Messrs. Melton and Gaissert of the 34th:
A bill to amend the charter of the City of Griffin, relating to the commissioner's salary; and for other purposes.

HB 50. By Mr. Sweat of the 83rd:
A bill to amend code section 27-101, relating to rewards offered by the Governor for the arrest of felons, so as to increase the reward which may be offered by the Governor in capital felonies; and for other pur poses.

HB 55. By Mr. Richardson of the 116th:
A bill to amend Code section 92-1403, relating to the levy of a motor fuel tax and certain exemptions therefrom, so as to eliminate therefrom, those provisions relating to the storage capacity of certain watercraft; and for other purposes.

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109

HB 61. By Mr. Watkins of the 9th:
A bill to amend an act creating a County Commissioner of Roads and Revenues and an Advisory Board of Gilmer County, so as to change the compensation of the Commissioner of Roads and Revenues; and for other purposes.

HB 62. By Mr. Watkins of the 9th: A bill to amend an act creating the office of Commissioner of Roads and Revenues of Pickens County, so as to change the compensation of the Commissioner of Roads and Revenues; and for other purposes.
HB 64. By Mr. Watkins of the 9th: A bill to abolish the present method of compensating the sheriff of Gilmer County, known as the fee system; and for other purposes.
HB 65. By Mr. Watkins of the 9th: A bill to abolish the present method of compensating the sheriff of Pickens County, known as the fee system; and for other purposes.
HB 67. By Mr. Dorminy of the 72nd: A bill to amend an act amending and revising the charter for the City of Fitzgerald; and for other purposes.
HB 69. By Mr. Rush cf the 75th: A bill to amend an act creating a board of commissioners of roads and revenues for the County of Tattnall, so as to change the com pensation of the commissioner; and for other purposes.
HB 70. By Mr. Rush of the 75th: A bill to abolish the present mode of compensation of the clerk of the Superior Court of Tattnall County, known as the fee system; and for other purposes.

HB 71. By Mr. Rush of the 75th:
A bill to abolish the present mode of compensating the sheriff of Tattnall County, known as the fee system; and for other purposes.

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HB 80. By Mr. Wells of the 30th:
A bill to fix the terms of the Superior Court of Oglethorpe County; and for other purposes.

HB 86. By Messrs. Cook of the 123rd, Carnes of the 129th, Dillon of the 128th, Brown of the 120th and others: A bill to amend an act establishing a new charter for the City of Atlanta, so as to extend the corporate limits; and for other purposes.
HB 87. By Mr. Johnson of the 40th: A bill to amend an act entitled "An act to incorporate the town of Dearing, in McDuffie County", so as to increase the term of office of the mayor and councilmen; and for other purposes.
HB 88. By Mr. Johnson of the 40th: A bill to amend an act amending, consolidating and superseding previous acts relating to the incorporation of the City of Thomas, so as to change the procedure for the sale of property belonging to the city; and for other purposes.
HB 89. By Messrs. Matthews and Newton of the 94th: A bill to amend an act of the legislature relative to Colquitt County compensation of sheriff, so as to change the compensation of the sheriff of Colquitt County; and for other purposes.
HB 90. By Messrs. Johnson of the 40th, Minge and Starnes of the 13th, Williams of the 16th, Matthews of the 29th and others: A bill to repeal Code section 68-703, relating to the maximum permissible speed for certain vehicles; and for other purposes.
HB 91. By Messrs. Richardson of the 116th, Powers of the 113th, Gaynor of the 114th, Kiley of the 115th, Gignilliat of the 113th, Smith of the 114th, Tye of the 115th, Drew and Funk of the 116th: A bill to amend an act revising and consolidating the several acts relating to and incorporating the Town of Warsaw in Chatham County, and changing name to the Town of Thunderbolt; relating to municipal elections and polls; and for other purposes.
HB 92. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th, and Harris of the 118th: A bill to amend an act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to change the compensation of the dealer for collecting, accounting for, and remitting the tax levied by said act; and for other purposes.

MONDAY, JANUARY 24, 1966

111

HB 93. By Mr. Lea of the 126th:
A bill to amend an act to incorporate the City of Hapeville; to extend the city limits of Hapeville; to give said City of Hapeville jurisdiction beyond the corporate limits; and for other purposes.

HB 94. By Mr. Carnes of the 129th:
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 provide the compensation of the first assistant solicitor-general and trial assistant; and for other purposes.

HB 95. By Mr. Carnes of the 129th:
A bill to amend an act authorizing the Commissioners of Roads and Revenues of Pulton County to provide group insurance for all regular county employees, so as to change the provisions relative to the payment of premiums; and for other purposes.

HB 97. By Mr. Busbee of the 79th:
A bill to amend an act relating to post-trial procedure in civil and criminial cases, so as to clarify the provisions relating to the fee which the superior court clerk shall receive from the State Law Department for furnishing an exact copy of the record or appeal in capital felony cases; and for other purposes.

HB 99. By Mr. Hawkins of the 139th:
A bill to amend an act to create a new charter for the City of Alpharetta, by providing for the number of council members to be elected to the city council of said Alpharetta; and for other purposes.

HB 100. By Mr. Lea of the 126th:
A bill to amend an act to incorporate the City of Hapeville, so as to eliminate the benefits to a surviving spouse; and for other purposes.

HR 42. By Mr. Johnson of the 25th:
A resolution proposing an amendment to the Constitution so as to create the Elbert County Development Authority; and for other pur poses.

HR 43. By Mr. Rush of the 75th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the election

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of the members of the Board of Education of Tattnall County; and for other purposes.

HR 52. By Mr. Wells of the 30th:
A resolution proposing: an amendment to the Constitution so as to provide by law for the election of the members of the Board of Education of Oglethorpe County by the people; and for other purposes.

HR 58. By Mr. Carnes of the 129th:
A resolution proposing an amendment to Article XI of the Constitution of the State of Georgia, so as to authorize the Commissioners of Roads and Revenues of Fulton County to regulate business in unincorporated areas of said county; and for other purposes.

HR 59. By Mr. Carnes of the 129th: A resolution proposing an amendment to Article XI of the Constitution of the State of Georgia, so as to authorize the Commissioners of Roads and Revenues of Fulton County to operate sanitary landfills within the unincorporated areas of said county; and for other purposes.
HR 60. By Mr. Carnes of the 129th: A resolution proposing an amendment to the Constitution so as to authorize the Commissioners of Roads and Revenues of Fulton County to conduct recreational activities in certain cities; and for other pur poses.
Sen. Johnson of the 42nd District Secretary of the Committee on Retirement submitted the following report:
Mr. President:
Your Committee on Retirement has had under consideration the following bill of the Senate and has instructed me as Secretary to report the same back to the Senate with the following recommendations:
SB 3. Do pass by substitute. Respectfully submitted, Johnson of 42nd District, Secretary.
Mr. Rowan of the 8th District Secretary of the Committee on Rules submit ted the following report:

MONDAY, JANUARY 24, 1966

113

Mr. President:

Your Committee on Rules has had under consideration the following Bills of the Senate and has instructed me as Secretary to report the same back to the Senate with the following recommendations:
SB 26. Do Pass. SB 27. Do Pass. SB 24. Do Not Pass. SB 23. Do Not Pass.
Respectfully submitted, Rowan of 8th District, Secretary.

Mr. Smalley of the 28th District, Chairman of the Committee on Judiciary submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bills of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 14. Do Pass. SB 34. Do Pass, SB 36. Do Pass as Amended. HB 21. Do Pass.
Respectfully submitted, Smalley of 28th District, Chairman.

The following communications were read by the secretary:

Honorable Peter Zack Geer Lieutenant Governor State Capitol Atlanta, Georgia

January 20, 1966

Dear Lieutenant Governor Geer:

Pursuant to your call for a caucus under the provisions of the Act reorganiz ing the State Highway Board, approved January 25, 1963 (Ga. Laws 1963, p. 3), a caucus was held on January 19, 1966, at 10:00 o'clock A.M., in Room 341,

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JOURNAL OP THE SENATE,

State Capitol, and a member of the State Highway Board from the 6th Congres sional District was elected. This is to advise that Honorable Reginald Trice, Bibb County, was elected to succeed himself.
Respectfully submitted,
D. B. Blalock Representative, 33rd District Chairman 6th Congressional District Caucus William J. Wiggins Representative, 32nd District Secretary 6th Congressional District Caucus

January 20, 1966
TO: HONORABLE BEN W. FORTSON, JR. SECRETARY OF STATE
This is to certify that Honorable Reginald Trice 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 6th Congressional District for a term of five years and until his suc cessor is elected and qualified, such term beginning on April 16, 1966, and expiring April 15, 1971.
This 20th day of January, 1966.
Peter Zack Geer President of the Senate
George T. Smith Speaker, House of Representatives

January 20, 1966
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 reorganiz ing the State Highway Board, approved January 25, 1963 (Ga. Laws 1963, p. 3), a caucus was held on January 19, 1966, at 9:00 o'clock A. M., in Room 341, State Capitol, and a member of the State Highway Board from the 5th Congressional District was elected. This is to advise that Honorable Robert A. White, Fulton County, was elected to succeed himself.
Respectfully submitted,
Frank R. Lea Representative, 126th District Chairman 5th Congressional District Caucus

MONDAY, JANUARY 24, 1966

115

Devereaux F. McClatchey Representative, 138th District Secretary 5th Congressional District Caucus

January 20, 1966
TO: HONORABLE BEN W. FORTSON, JR. SECRETARY OF STATE.
This is to certify that Honorable Robert A. White 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 5th Congressional District for a term of five years and until his suc cessor is elected and qualified, such term beginning on April 16, 1966, and expiring April 15, 1971.
This 20th day of January, 1966.
Peter Zack Geer President of the Senate
George T. Smith Speaker, House of Representatives

The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:
SB 26. By Senators Broun of the 46th, Kilpatrick of the 44th, Searcey of the 2nd, Minish of the 48th and Thompson of the 34th: A bill to amend an act creating a Department of Public Safety for Georgia approved March 19, 1937, (Ga. Laws 1937, p. 322), as amended, so as to provide that the Director of Public Safety shall automatically revoke the driver's license of any person convicted of the theft of a motor vehicle or any part thereof; and for other purposes.
Senator Padgett of the 23rd offered the following amendment: Amend SB 26 by adding at the end of Section 1 of said bill the
following: Provided however that it shall be within the discretion of the trial judge who imposed sentence upon the person convicted of the theft of a motor vehicle or any part thereof, to reinstate said person's driver's license after a reasonable time.
On the adoption of the amendment, the ayes were 33, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

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

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

SB 27. By Senators Broun of the 46th, Kilpatrick of the 44th, Searcey of the 2nd, Minish of the 48th and Thompson of the 34th:
A bill to amend Code section 68-9916 relating to the unlawful sale or possession of certain vehicles from which identifying numbers have been removed or otherwise altered for the purpose of concealing or misrepresenting the identity of such vehicles so to change the penalty for any such violation; and for other purposes.
Senator Maclntyre of the 40th offered the following amendment:
Amend SB 27, section 1, paragraph (a) by changing "(Ga. Laws, 1953, Nov.-Dec. Session, p. 566)" to read "(Ga. Laws 1953, Nov.-Dec. Session p. 556)."

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

Senator Maclntyre of the 40th offered the following amendment:
Amend SB 27, section 1, paragraph (b) - add a comma between issued and for.

On the adoption of the amendment, the ayes were 30, nays 0, and the amend ment was adopted.

Senator Yancey of the 33rd offered the following amendment:
Amend SB 27 by striking from sub-paragraph (c) of section 1 the words and figures "nor more than seven (7) years" and substituting in lieu thereof the words and figures "nor more than five (5) years".

On the adoption of the amendment, the ayes were 29, nays 0, and the amend ment was adopted.

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

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117

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 14. By Senator Sanders of the 41st:
A bill to provide that any person who is 18 years of age or older and who is married may bind himself by contract as though said person were 21 years of age or older, and said contract shall be enforceable as though said person were 21 years of age or older; and for other purposes.

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

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

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

SB 5. By Senator Smalley of the 28th:
A bill to amend the act known as the "Municipal Home Rule Act of 1965", approved March 26, 1965, (Ga. Laws 1965, p. 298), so as to change and clarify the provisions relating to the calling of referendum elections; and for other purposes.

Senator Maclntyre of the 40th offered the following amendment: Amend SB 5 on page 3, line 6--insert new sentence following the
word "public." as follows
"The recording officer of the municipal governing authority shall furnish anyone, upon written request, a copy of the proposed amendment."
On the adoption of the amendment, the ayes were 29, nays 0, and the amend ment was adopted.
Senator Smalley of the 28th offered the following amendment: Amend SB 5 by striking the figure "30" in line ten of page 2 and
substituting in lieu thereof the figure "50".

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By striking the phrase "not less than ten nor more than thirty days" in lines 16 and 17 of page 2 and substituting in lieu thereof the phrase "within one week".

By striking the word "ten" in line 19 of page 2 and substituting in lieu thereof the figure "14".

By striking the word "three" in line 25 of page 2 and substituting therefor the figure "2".

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,

On the passage of the bill, the ayes were 31, nays 0.

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

HB 21. By Mr. Fulford of the 67th:
A bill to change the terms of the Superior Court of Lee 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.

SB 3. By Senator Smalley of the 28th:
A bill to create the Superior Court judges and solicitors general and judges and solicitors of inferior courts retirement fund; to provide a short title; to provide for definitions; to provide that said fund shall be administered by the Board of Trustees of the Employees' Retirement System; and for other purposes.

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119

Senator Smalley of the 28th moved that SB 3 be postponed until January 25th, and the motion prevailed.

Senator Hill of the 29th, Chairman of the Committee on Senate Administra tive 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 9. SR 7.
Respectfully submitted, Hill of the 29th District, Chairman.

Senator Webb of the llth moved that the Senate do now adjourn until tomorrow morning at 11:00 o'clock, and the motion prevailed.

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

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Senate Chamber, Atlanta, Georgia, Tuesday, January 25, 1966.

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 were offered by the Reverend Jim Winn, pastor, Trinity Methodist 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 Gregory 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 read 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.

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121

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 126. By Messrs. Johnson of the 40th, Mitchell of the 3rd, Anderson of the 71st, Matthews of the 94th, Williams of the 16th and many others:
A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", so as to require certain motor vehicles employed by the Department of Public Safety for the purpose of traffic enforcement to be marked and equipped with certain uniform fixtures; and for other purposes.

HB 17. By Messrs. Levitas and Harris of the 118th, and Harris of the 85th:
A bill to create a commission to be known as the "Law Revision Com mission"; and for other purposes.

HB 149. By Messrs. Smith of the 90th, Hale of the 1st, Melton of the 34th, Smith of the 54th, Busbee of the 79th, Harris of the 118th, Gaissert of the 34th and Steis of the 100th:
A bill to amend an act reorganizing the State Department of Law, so as to provide for the appointment, employment and removal of Assistant Attorneys General, Deputy Assistant Attorneys General, Law Assistants, and other employees; and for other purposes.

The House has adopted the following resolution of the House to-wit:

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HE 129. By Messrs. Brown of the 135th, John Hood of the 124th, Dillon of the 128th, Lea of the 126th, Lambros of the 130th and others:
A resolution extending a sincere welcome to the Atlanta Braves and the Atlanta Falcons; and for other purposes.

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

SB 88. By Senators Holley of the 22nd, Kidd of the 25th, Noble of the 19th, Salome of the 36th and Loggins of the 53rd:
A bill to provide for the incorporation of regulated certificated banks; and for other purposes.
Referred to Committee on Banking and Finance.

SB 89. By Senator Holley of the 22nd:
A bill to amend Code Section 13-204 relating to private banks or private bankers to provide that no individual or any organization shall carry on or conduct a banking business in this State without being chartered or certificated and organized under the Banking Laws of this State or of the United States; and for other purposes.
Referred to Committee on Banking and Finance.

SB 90. By Senators Smalley of the 28th and Gayner of the 5th:
A bill relating to the practice of optometry to provide that appeals taken to certain actions of the Board of Examiners in Optometry shall be taken in accordance with the "Georgia Administrative Procedure Act", to repeal conflicting laws; and for other purposes.
Referred to Committee on Health and Welfare.

SB 91. By Senator Smith of the 18th:
A bill to abolish the present mode of compensating the coroner of Houston 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.

SB 92. By Senators Dean of the 6th, Searcey of the 2nd and Hall of the 52nd:
A bill to authorize, direct and empower the standards that should be required of Day Care Centers operated and maintained to furnish a training program and to care for the mentally retarded.
Referred to Committee on Health and Welfare.

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123

SB 93. By Senators Rowan of the 8th and Pennington of the 45th:
A bill to provide for inspection of colonies of honeybees by the State Department of Agriculture; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

SB 94. 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 95. By Senator Holloway of the 12th:
A bill to provide that when two or more persons are jointly indicted for a capital offense, unless the State waives the death penalty, any defendant so electing shall be separately tried; and for other purposes.
Referred to Committee on Judiciary.

SB 96. By Senator Downing of the 1st: A bill to amend Code Section 40-2002, relating to the mileage allow
ance for state officials and employees to provide a different mileage allowance for officials and employees of the State Highway Department; and for other purposes.
Referred to Committee on Rules.

SB 97. By Senators Edenfield of the 4th, Kilpatrick of the 44th, Hall of the 52nd, Ballew of the 50th, Smalley of the 28th and Padgett of the 23rd:
A bill to provide that the campus policemen and other security per sonnel of the University System of Georgia who are regular employees of said system shall have the power to make arrests for offenses com mitted upon any property under the jurisdiction of the Board of Re gents of the University System of Georgia; and for other purposes.
Referred to Committee on Judiciary.

SB 98. By Senator Jackson of the 16th:
A bill to amend an Act establishing a retirement system for teachers in the State Public Schools to provide that upon service retirement a member of the said system shall receive an allowance consisting of an annuity and an annual pension; to provide retirement after 40 years service; and for other purposes.
Referred to Committee on Retirement.

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SR 36. By Senator Rowan of the 8th:
A resolution amending the Rules of the Senate; and for other pur poses.
Referred to Committee on Rules.

HB 17. By Messrs. Levitas and Harris of the 118th and Harris of the 85th:
A bill to create a commission to be known as the "Law Revision Commission"; and for other purposes.
Referred to Committee on Rules.

HB 126. By Messrs. Johnson of the 40th, Mitchell of the 3rd, Anderson of the 71st, Matthews of the 94th, Williams of the 16th and many others:
A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", so as to require certain motor vehicles employed by the Department of Public Safety for the purpose of traffic enforce ment to be marked and equipped with certain uniform fixtures; and for other purposes.
Referred to Committee on Highways.

HB 149. By Messrs. Smith of the 90th, Hale of the 1st, Melton of the 34th, Smith of the 54th, Busbee of the 79th, Harris of the 118th, Gaissert of the 34th and Steis of the 100th:
A bill reorganizing the State Department of Law, so as to provide for the appointment, employment and removal of assistant attorneys general, deputy assistant attorneys general, law assistants, and other employees; and for other purposes.
Referred to Committee on Rules.

The following bills and resolutions were read the second time:

SB 76. By Senator Coggin of the 35th:
A bill to amend an Act known as "Eminent Domain - Condemnation Proceedings Before A Special Master" to provide a method of per fecting service on non-residents; to repeal conflicting laws; and for other purposes.

SB 77. By Senators Rowan of the 8th and Jackson of the 16th:
A bill to amend an Act creating the Georgia State Board of Funeral Services and regulating the practice of embalming and funeral directing so as to provide for the licensing of funeral establishments; to provide for applications; to provide for suspension and revocation of licenses; and for other purposes.

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125

SB 78. By Senators Rowan of the 8th and Jackson of the 16th:
A bill to provide for pre-need funeral service contracts; to provide a declaration of policy; to provide for definitions; to provide for the administration and enforcement of this Act by the Comptroller General; to provide for forms and regulations; to provide for certificates of authority; and for other purposes.

SB 79. By Senator Kendrick of the 32nd:
A bill to amend the "Minimum Foundation Program of Education Act", so as to remove therefrom the provisions permitting a local board of education to employ certain personnel without the recommendation of the superintendent of schools of the local unit; and for other pur poses.

SB 80. By Senator Pincher of the 51st:
A bill to amend an Act relating to the dispensing of certain dangerous drugs so as to provide that it shall be unlawful for any person to obtain or attempt to obtain a dangerous drug or procure or attempt to procure the administration of such a drug under certain circumstances; and for other purposes.

SB 81. By Senators Broun of the 46th, Kilpatrick of the 44th, Minish of the 48th, Thompson of the 34th and Searcey of the 2nd:
A bill to amend Code Chapter 26-26, relating to the several kinds of larceny or theft and the punishment therefor so as to change the punishment for larceny of certain motor vehicles upon the defendant's second conviction of such offense; and for other purposes.

SB 82. By Senators Lee of the 47th and Maclntyre of the 40th:
A bill to amend the Georgia Insurance Code relating to definitions so as to change the provisions relating to the definition of "controlled business of a person"; to repeal conflicting laws; and for other purposes.

SB 83. By Senators Wesberry of the 37th, Searcey of the 2nd, Rowan of the 8th, Sanders of the 41st, Salome of the 36th and Adams of the 26th:
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.

SB 84. By Senators Rowan of the 8th, Minish of the 48th, Noble of the 19th and others:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act" so as to change the minimum salaries established by

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the State Board of Education of drivers of certain school buses; and for other purposes.

SB 85. By Senator Johnson of the 38th:
A bill to create a State-wide tenure law for all administrative and teaching personnel of the public school system, except those who work directly under a State or local merit system; and for other purposes.

SB 86. By Senators Webb of the llth, Rowan of the 8th, Spinks of the 9th, Carter of the 14th, Pennington of the 45th and others:
A bill to amend Code Section 47-102, relating to State Senatorial Districts so as to remove the provision requiring Senators in those Senatorial Districts consisting of less than one county to be elected by all voters of the county in which the district is located; and for other purposes.

SB 87. By Senator Smalley of the 28th:
A bill to comprehensively and exhaustively revise, supersede, and modernize pre-trial, trial and certain post-trial procedures in civil cases; to provide for one form of action; and for other purposes.

SR 28. By Senator Miller of the 43rd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the exemption from taxation of burial plots and crypts which are not held for re sale; and for other purposes.

SR 29. By Senators Broun of the 46th, Plunkett of the 30th, Carter of the 14th, Hall of the 52nd and Lee of the 47th:
A resolution proposing an amendment to the Constitution so as to provide a method for electing members of the State Board of Educa tion; to provide that the State Superintendent shall be appointed by the State Board of Education; to provide the procedure connected therewith; and for other purposes.

SR 30. By Senator Johnson of the 38th:
A resolution creating an interim legislative committee for the purpose of studying the fluoridation of water supply systems; and for other purposes.

SR 31. By Senator Kendrick of the 32nd:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of the members of the State Board of Education

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127

by the voters of each congressional district and to provide for the appointment of the State School Superintendent by the State Board of Education; and for other purposes.

HB 68. By Messrs. Steis of the 100th, Jones of the 76th, Minge and Starnes of the 13th, Fulford of the 67th and others:
A bill to amend an act relating to Supreme Court and Judges of Court of Appeals, so as to change the salaries of the justices of the Supreme Court and the judges of the Court of Appeals; and for other purposes.

HB 111. By Mrs. Merritt of the 68th, Messrs. Lambert of the 38th, Williams of the 16th, Gary and Harrell of the 35th, Johnson of the 40th, Mitchell of the 3rd and others:
A bill to amend Code section 68-214 relating to motor vehicle license plates and their description, so as to require that the faces of license plates shall be treated with a reflective material in order to reduce road accidents and improve the visibility and legibility of license plates after dark; and for other purposes.

HB 73. By Mr. Spillers of the 37th:
A bill to amend an act granting a new charter to the City of Covington, so as to clarify certain provisions therein; and for other purposes.

HB 108. By Mr. Rush of the 75th:
A bill to amend an act establishing the City Court of Reidsville, so as to increase the compensation for the judge; and for other purposes.

HB 115. By Mr. Murphy of the 26th:
A bill to amend an act providing an annual salary for the treasurer of Haralson County, so as to increase the compensation of the treasurer of Haralson County; and for other purposes.

HB 116. By Mr. Murphy of the 26th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Haralson County, so as to increase the salary of the commissioner; and for other purposes.

HB 107. By Mr. Longino of the 122nd:
A bill to amend an act creating a new charter for the City of Fairburn, so as to extend the city limits; and for other purposes.

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HB 124. By Mr. Wells of the 30th:
A bill to abolish the present system of compensating the sheriff of Oglethorpe County, known as the fee system, and to provide in lieu there of an annual salary for the sheriff; and other purposes.

HB 129. By Mr. Rush of the 75th:
A bill to amend an act establishing the City Court of Reidsville, so as to change the method of compensating the solicitor, clerk and the sheriff of said court; and for other purposes.

HB 130. By Messrs. Dailey of the 66th, Howell of the 86th, Fulford of the 67th, Jordan of the 78th and Brackin of the 87th:
A bill to amend an act fixing the compensation of the solicitor general of the Pataula Judicial Circuit, so as to increase the compensation of the solicitor general of the Pataula Judicial Circuit; and for other pur poses.

HB 144. By Messrs. Carr and Rowland of the 48th:
A bill to amend, consolidate and supersede the previous acts relating to the incorporation of the town of Harrison and to provide a new charter therefor; and for other purposes.

HR 36. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A resolution to ratify, approve and confirm the Executive Order of the Governor, dated July 9, 1965, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act attributable to the inclusion of the Federal Manufacturers' Excise Tax in the base of said sales tax until the next meeting of the General Assembly; and for other purposes.

HR 37. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A resolution to ratify, approve and confirm the Executive Order of the Governor, dated March 29, 1965, 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 Testament until the next meeting of the General Assembly; and for other purposes.

HR 38. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A resolution to ratify, approve and confirm the executive order of the Governor, dated May 31, 1965, suspending the collection of taxes

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129

imposed by the Georgia Retailers' and Consumers' Gales and Use Tax Act on certain tangible personal property purchased outside the State of Georgia and subsequently brought into this State as a result of the purchaser becoming domiciled herein until the next meeting of the General Assembly; and for other purposes.

HR 73. By Messrs. Wilson and Henderson of the 102nd, Howard and McDaniell of the 101st:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to establish a county manager form of government, without regard to uniformity, for Cobb County, and for other purposes.
HR 76. By Mr. Lambert of the 38th:
A resolution proposing an amendment to the Constitution so a's to provide for an additional two members of the Board of Education of Morgan County; and for other purposes.

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

SB 36. By Senators Kendrick of the 32nd and Yancey of the 33rd:
A bill to provide that it shall be unlawful for any person to report or communicate by any device or means the presence or existence of any explosive device or mechanism or its supposed location when such person knows or has reasonable cause to know that such information is false, untrue or misleading; to provide for a penalty; and for other purposes.

The Committee on Judiciary offered the following amendment:

Amend SB 36 by:

Striking from Section 1 the following words:
"or has reasonable cause to know"
so that Section 1 when so amended shall read as follows:
"Section 1. It shall be unlawful for any person to report or communicate by any device or means the presence or existence of any explosive device

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or mechanism or its supposed location when such person knows that such information is false, untrue or misleading." and amend the caption accordingly.

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 38, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
SB 3. By Senator Smalley of the 28th: A bill to create the Superior Court judges and solicitors general and judges and solicitors of inferior courts retirement fund; to provide a short title; to provide for definitions; to provide that said fund shall be administered by the Board of Trustees of the Employee's Retirement System; and for other purposes.
The Committee on Retirement offered the following substitute:

A BILL
TO BE ENTITLED
An Act to create the Trial Judges and Solicitors Retirement Fund; to provide a short title; to provide for definitions; to provide that said Fund shall be administered by the Board of Trustees of the Employees' Retirement System; to provide that said Board shall have control of the funds and may invest same; to authorize the Board to employ agents; to provide for the powers and duties of the Board; to provide that the Board may make and promulgate rules and regulations to carry out the provisions of this Act; to provide that the Board shall keep records and submit financial statements; to authorize the Board to accept gifts; to provide who shall be members of said Fund; to provide limitations for becoming a Superior Court Judge or Solicitor General Emeritus; to provide for employer and employee contributions; to provide for the submission of certain reports and affidavits; to provide for the collection and payment of contributions; to provide that the State Treasurer shall withhold State payments to certain governmental units

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131

under certain circumstances; to provide credit for prior service under certain conditions; to provide for the transfer of credits from the Employees' Retirement System to said Fund; to provide for retirement benefits and the requirements associated therewith; to provide that the Attorney General shall be legal advisor to the Board; to provide exemptions from taxation; to provide for penalties; to provide for administrative expenses; to provide for severability; to provide for the procedures connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. This Act shall be known and may be cited as the "Trial Judges and Solicitors Retirement Fund Act".
Section 2. Definitions.
(a) "Fund" means the Trial Judges and Solicitors Retirement Fund.
(b) "Inferior Courts", for the purposes of this Act, means courts having certain concurrent jurisdiction with the Superior Courts and empowered to conduct trials by jury and trying State offenses and having presiding Judges and Solicitors, but said term shall not include courts of ordinary, justice courts, police courts, mayors' courts, municipal courts, small claims courts, and any courts, by whatever name called, which were created by or are operated under the provisisons of city charters.
(c) "Board" means the Board of Trustees of Employees' Retire ment System of Georgia.
(d) "Creditable Service" means service performed as a contributing member of the Fund after April 1, 1966, while a Superior Court Judge, Solicitor General or Judge or Solicitor of an inferior court, and service performed prior to April 1, 1966, as Judge or Solicitor of an inferior court when employer and employee contributions for such prior service are paid into said Fund as provided for in this Act.
(e) "Employer", insofar as Judges of the Superior Courts and Solicitors General are concerned, shall mean the State of Georgia, and insofar as Judges and Solicitors of the inferior courts are concerned, shall mean the governing authorities of the governmental units paying the cost of operation of such courts.

Section 3. There is hereby created the Trial Judges and Solicitors Retirement Fund, which shall be administered by the Board of Trustees of the Employees' Retirement System of Georgia.

Section 4. (a) The Board shall have control of the funds provided for in this Act, and all funds received by the Board shall be deposited in a special account to the credit of the Trial Judges and Solicitors Retire ment Fund. The benefits provided for in this Act and all administrative

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expenses shall be paid from said special account. The Board shall have authority to expend the funds in accordance with the provisions of this Act.
(b) The Board shall have full power to invest and reinvest such funds subject to all the terms, conditions, limitations and restrictions imposed by the laws of the State of Georgia upon domestic life insurance companies in the making and disposing of their investments. Subject to said terms, conditions, limitations and restrictions, the Board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the Fund.
(c) The Board is hereby authorized to employ an agent or agents, including, but not limited to, banks or trust departments thereof, and enter into contracts therewith for the purpose of such agent or agents acting as investment advisors and counselors, making recommendations for investments and making investments if the Board so authorizes.
Section 5. The Board is given the following powers and duties; to contract with proper Federal authorities for Old Age, Survivors' and Disability Insurance coverage under the Social Security Act; to provide for the collection of all money provided for in this Act; to provide for the payment of all administrative expenses; to hear and decide all ap plications for retirement benefits provided for under this Act; and in keeping with the actuarial soundness of the Fund, from time to time and after an actuarial investigation into the benefit structure of the Fund, adopt such tables as it shall deem desirable in connection with the proper operation of the Fund; 'to provide for the payment of all retire ment benefits that may be determined to be due under the rules and regulations as adopted by the Board; to make and promulgate all necessary rules and regulations not inconsistent with the laws of the State of Georgia to carry out the provisions of this Act; to determine eligibility of persons to receive retirement benefits under the provisions of this Act; to make provisions for refunds and repayments to persons who may be entitled to receive same; to keep records of all its meetings and all other powers necessary for the proper administration of the provisions of this Act.

Section 6. The Board shall keep permanent records of all its ac counts in granting retirement benefits, and shall keep proper records and books concerning the operation of the Board. The Board shall present each year at the beginning of the regular session of the General As sembly an annual financial statement of the Fund.

Section 7. The Board may take by gift, grant or bequest, any money, real or personal property, or any other thing of value and hold or invest the same for the uses and purposes of said Fund in accordance with the provisions of this Act.

Section 8. (a) Any person becoming a Superior Court Judge or Solicitor General or a Judge or Solicitor of an inferior court after April

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133

1, 1966, shall be a member of Trial Judges and Solicitors Retirement Fund and shall begin making employee contributions into said Fund as provided for hereinafter.

(b) Any person holding office as a Judge or Solicitor of an inferior

court on April 1, 1966, except those Judges and Solicitors df certain

inferior courts who are members of the Employees' Retirement System

under the provisions of an Act approved December 21, 1953 (Ga. Laws

1953, Nov.-Dec. Sess. p. 305), said Act being an amendment to the Act

establishing the Employees' Retirement System, approved February 3,

1949 (Ga. Laws 1949, p. 138), shall be a member of said Fund'and shall

begin making employee contributions to said Fund as provided for here

inafter. Judges and Solicitors of inferior courts who are members of the

Employees' Retirement System, as set forth herein, may become mem

bers of the Trial Judges and Solicitors Retirement Fund in accordance

with the provisions of Section 17 of this Act.

!

Section 9. No person becoming a Superior Court Judge or Solicitor General after April 1, 1966, shall be eligible to be appointed Judge Emeritus, but the provisions against appointment as Judge Emeritus of the Superior Court or Solicitor General Emeritus shall not apply to anyone holding the office of Judge of the Superior Court or Solicitor General on April 1, 1966. No person holding the office of Superior Court Judge or Solicitor General on April 1, 1966, shall be eligible to become a member of the Trial Judges and Solicitors Retirement Fund. Any person becoming a Superior Court Judge or a Solicitor General after April 1, 1966, who was previously a State employee or official and !who was a member of the Employees' Retirement System of Georgia, at the time of taking office as a Superior Court Judge or as Solicitor^ General, shall be entitled to full credit for all service credited to his account under said System upon the transfer of his accumulated employer and employee contributions from said System to the Trial Judges and Solici tors Retirement Fund.

Section 10. Any person becoming a member of the Trial Judges and Solicitors Retirement Fund after April 1, 1966, shall be entitled to remain a member of said Fund by holding any position or office covered by said Fund, and shall receive full credit for all service as a member of said Fund, although said person may change from one position or office to another position or office covered by said Fund. Upon becoming eligible for retirement, however, retirement benefits shall be determined in accordance with Sections 18 and 19 of this Act.

Section 11. The basis for employer and employee contributions to said Fund with respect to Judges of the Superior Courts shall be the salaries from State funds provided by law for such Judges, and the State Treasurer is hereby authorized and directed to deduct monthly from such salaries ten per cent of such amount to cover employee con tributions to the Fund. The State Treasurer is also directed to make an additional deduction to cover the required employee tax fbr Social Security coverage. The basis for employer and employee contributions to said Fund with respect to Solicitors General shall be as though the monthly compensation of Solicitors General were $1,000.00 and the State Treasurer is hereby authorized and directed to deduct monthly ten

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percent of that amount as the employee contribution to said Fund, from any State payment to solicitors general, including any State salaries, fees, and expense allowances provided by law, said deduction to cover the employee contribution to the Fund. The State Treasurer is also directed to make an additional deduction to cover the required employee tax for Social Security coverage. Such Social Security deduc tions shall be based on an affidavit from each Solicitor General as to the total wages received by him each calendar quarter as Solicitor General. Such affidavit shall be forwarded to the State Treasurer before the fifth day of the month following the end of each calendar quarter. Should any Solicitor General fail to submit the required affidavit to the State Treasurer within the required time, any and all funds due such Solicitor General shall be withheld by the State Treasurer until an appropriate affidavit has been received. The State Treasurer is hereby authorized and directed to pay from the funds appropriated or otherwise available for the operation of the Superior Courts of the State, the required employer contribution for Social Security coverage on said Judges and Solicitors General. From funds appropriated or otherwise available for the operation of Superior Courts, the State Treasurer is authorized and directed to pay into the Trial Judges and Solicitors Retirement Fund monthly employer contributions which shall be equal to the amount as contributed monthly by the Superior Court Judges and Solictiors General.

Section 12. The basis for employer and employee contributions to

:

said Fund with respect to Judges and Solicitors of inferior courts shall

be the actual compensation received as Judge or Solicitor of an inferior

court whether such compensation is received in the form of a salary paid

by the governmental units paying the costs of the operation of such

courts or received in the form of fees paid to said Judges and Solicitors;

provided, however, for the purposes of contributions to said Fund, said

compensation, whether received as a salary or as fees, shall not exceed

a maximum amount of $1,000.00 per month for any one Judge or Solici

tor of an inferior court.

Section 13. (a) Judges and Solicitors of inferior courts who are members of said Fund and who are on a fee system shall submit a report by the 5th day of each calendar month, to a person to be design ated by the governing authorities of the governmental units paying the costs of the operation of such courts, setting forth the fees received for the previous calendar month, and shall pay, at the time said report is submitted, to said person so designated, as his employee contribution to said Fund, an amount equal to ten percent of the fees received, as detailed in said report, or ten per cent of the maximum amount provided for in Section 12 of this Act in the event such fees exceed said maximum. It shall be the duty of Judges and Solicitors of inferior courts who are on a fee system to submit the report and pay the employee contributions provided for in this subsection, and the Board is hereby authorized to promulgate any rules and regulations, including rules and regulations providing cancellation of membership in said Fund, that might be necessary or desirable to insure compliance with this subsection.

(b) The persons designated by the governing authorities to receive the reports and employee contributions provided for in subsection (a)

TUESDAY, JANUARY 25, 1966

135

of this Section shall forward such reports and contributions along with the employer contributions, as provided for in subsection (c) of this Section, to the Board by not later than the 15th day of each calendar month.

(c) The employer contributions to said Fund shall be an amount equal to the employee contributions, and the governmental units paying the costs of the operation of such courts are hereby authorized and directed to pay into said Fund, as said employer contributions, the amount specified herein, and said governmental units are hereby au thorized to expend public funds for such purpose as a part of the costs of operation of said courts.

Section 14. (a) The employee contributions with respect to Judges and Solicitors of inferior courts who are compensated by salaries re ceived from the governmental units paying the costs of the operation of said courts shall be ten per cent of the amount of such salaries or ten per cent of the maximum provided in Section 12 of this Act in the event such salaries exceed said maximum. The amount of such salaries shall be reported to the Board by not later than the 15th day of each calendar month by a person to be designated by the governing authori ties of such governmental units. The governing authorities of such governmental units are hereby authorized and directed to deduct said employee contributions from the salaries of said Judges and Solicitors and to pay said employee contributions into said Fund.

(b) The employer contributions to said Fund shall be an amount equal to the employee contributions, and the governmental units paying the costs of the operation of said courts are hereby authorized and directed to pay into said Fund, as said employer contributions, the amount specified herein, and said governmental units are hereby au thorized to expend public funds for such purpose as a part of the costs of operation of said courts.

(c) The employee and employer contributions to said Fund specified in subsections (a) and (b) of this Section shall be forwarded to the Board by the person designated by the governing authorities at the same time and accompanying the report showing the salaries received by said Judges and Solicitors as provided for in subsection (a) of this Section.

Section 15. It shall be the duty of the governing authorities of the governmental units affected by this Act to designate responsible persons to submit the reports and forward the contributions as provided in Sections 13 and 14 of this Act, and it shall be the duty of the persons so designated to comply with the provisions of sections 13 and 14 of this Act. Upon notification to the State Treasurer by the Board that the reports and employer and employee contributions have not been for warded to the Board in accordance with the provisions of Sections 13 and 14 of this Act, the State Treasurer is hereby authorized and directed to withhold any State payments payable to any governmental units failing to forward such reports and contributions until such time as such reports and contributions have been received by the Board.

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Section 16. (a) Judges and Solicitors of inferior courts may receive

credit in said Fund for service as Judges and Solicitors of inferior courts

prior to April 1, 1966, by the payment of employer and employee contri

butions into the Fund for such prior service. Said contributions for such

prior service may be paid into said Fund at a rate not to exceed payment

for one year's prior service for each year as a contributing member of

said Fund except as otherwise provided in subsections (b) and (c) of

this Section. The basis for employer and employee contributions to said

Fund for receiving any credit for prior service shall be the compensation

received by such person applying for prior service at the time such

application is made or shall be the maximum compensation provided for

in Section 12 of this Act, in the event the compensation at the time

such application is made for such prior service exceeds said maximum.

The governmental units paying the costs of the operation of said courts

are hereby authorized but not required to pay any part or all employer

contributions for such prior service, and said governmental units are

hereby authorized to expend public funds for such purpose as a part

of the costs of operation of such courts. The Board may accept payment

into the Fund at the rate herein specified the necessary amount for any

such prior service up to the total amount for all actual prior service.

Credit for prior service gained in accordance with the provisions herein

shall be creditable service for determining eligibility for retirement, but



retirement benefits shall be determined in accordance with the provisions

of Sections 18 and 19 of this Act.

(b) In the event a contributing member who is eligible for credit for prior service has reached retirement age or early retirement age, as provided in Sections 18 and 19 of this Act, but does not have the
minimum creditable service as provided in said Sections, such member may, at his election, pay into said Fund, at any time after becoming a contributing member, employee and employer contributions for all actual prior service in order to qualify for a monthly retirement benefit.

(c) In the event a contributing member who is eligible for credit

for prior service ceases to hold a position or office covered by said Fund,

such member may elect to pay into said Fund employee and employer

contributions for all actual prior service in order to qualify for a monthly

retirement benefit upon reaching retirement age or early retirement

age; provided, however, such member shall be required to make the

election within thirty (30) days ceasing to hold a position or office

covered by said Fund whether or not he will pay into said Fund said

employee and employer contributions for such prior service, and said

member shall be required to make the necessary payments into said

Fund for employee and employer contributions for such prior service

within six (6) months after ceasing to hold a position or office covered



by said Fund. In the event such member fails to make such election

within said thirty (30) days or in the event such member fails to make

the necessary payments into the Fund within said six (6) months, such

member shall cease to be a member of said Fund and may withdraw the

total sum with interest which he has paid into the Fund, but he shall

not be eligible at any time after such withdrawal to become a member

of said Fund.

Section 17. Judges and Solicitors of certain inferior courts who are members of the Employees' Retirement System under the provisions

TUESDAY, JANUARY 25, 1966

137

of an Act approved December 21, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 305) said Act being an amendment to the Act establishing the Em ployees' Retirement System, approved February 3, 1949 (Ga. Laws 1949, p. 138) may transfer their accumulated employer and employee contributions from the Employees' Retirement System to the Fund and shall receive credit in the Fund for all service as a contributing member of the Employees' Retirement System. Any such Judges and Solicitors desiring to transfer from the Employees' Retirement System to the Fund must make application to the Board for such transfer within ninety (90) days after the effective date of this Act. Any such Judges and Solicitors failing to make such application within said ninety (90) days shall not at any later time be eligible to become members of the Trial Judges and Solicitors Retirement Fund.

Section 18. After obtaining a minimum of ten years creditable service, any member may retire on a monthly retirement benefit upon written application to the Board of Trustees setting forth at what time, not less than thirty days or more than ninety (90) days, subsequent to the execution and filing thereof, he desires to be retired, provided the member at the time so specified for retirement has attained age 65. The maximum retirement benefits shall be based on 25 years of service as a contributing member of said Fund and the attainment of age 65. After 25 years of service as a contributing member of said Fund and the attainment of age 65, no further employee or employer contributions shall be paid into said Fund. Any Judge of the Superior Court or Solicitor General, while receiving retirement pay, shall not be eligible for election or appointment to any other office in this State. Judges and Solicitors of inferior courts may practice law while receiving retirement pay and shall be eligible for election or appointment to another office in this State. Upon retirement, a member shall receive a monthly benefit which shall be the actuarial equivalent of his ac cumulated contributions at the time of his retirement and a matching monthly benefit derived from contributions of the employer based on actuarial tables adopted by the Board as recommended by its actuary.

Section 19. A member may retire, after obtaining a minimum of ten years creditable service, at age 60, and the monthly retirement benefit for such early retirement shall be the actuarial equivalent of his accumulated contributions at the time of his retirement and a matching monthly benefit derived from contributions of the employer
based on actuarial tables adopted by the Board as recommended by its actuary. The procedure for making application for retirement and the requirements associated therewith and the limitations relating to re ceiving retirement pay, as provided in Section 18 of this Act, shall be the same for early retirement provided for in this Section.

Section 20. Until the first payment of any member's retirement benefit becomes normally due after said member becomes eligible to retire, he may request the Board of Trustees to convert the monthly retirement benefit, otherwise payable to him, into a modified monthly retirement benefit of equivalent actuarial value.

Section 21. Except as otherwise provided in Section 16(c) of this Act, if a member ceases to hold a position or office covered by the

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Fund, he may withdraw the total sum with interest which he has paid into the Fund, but he shall not be eligible at any time after such withdrawal to become a member of said Fund.

Section 22. If a member dies, before retirement, the amount of his accumulated contributions with interest credits thereon shall be paid to the living person, if any, nominated by him by written designation duly executed and filed with the Board of Trustees; otherwise, to the member's estate.

Section 23. The State Attorney General shall be the legal advisor of the Board of Trustees.

Section 24. The right to a retirement benefit, to the returns of contributions, any optional benefit or any other right accrued or accruing to any person under the provisions of this Act and the moneys in the Fund created by this Act are hereby exempt from any State, county or municipal tax, and exempt from levy and sale, garnishment, attach ment, or any other process whatsoever, and shall be unassignable except as in this Act specifically otherwise provided.

Section 25. Any person who shall knowingly make any false state ments or shall falsify or permit to be falsified any record or records of the Fund in any attempt to defraud the Fund as a result of such an act shall be guilty of a misdemeanor, and upon conviction thereof by any court of competent jurisdiction, shall be punished by a fine not exceeding $500.00 or imprisonment not exceeding twelve months, or both, such fine and imprisonment to be at the discretion of the court. Should any change or error in the records result in any member or beneficiary receiving from the Fund more or less than he would have been entitled to receive had the records been correct, the Board of Trustees shall have the power to correct such error and to adjust as far as practicable the payments in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid.

Section 26. To pay the administrative expense of the Fund, upon the receipt of a request from the Board of Trustees on or after April 1, 1966, and each year thereafter, the State Treasurer is authorized and directed to pay from funds appropriated or otherwise available for the operation of the Superior Courts of the State, into the Fund an amount equivalent to one per cent (1%) of the compensation paid to the Judges and Solicitors of the Superior Courts of Georgia for personal services rendered by them as reflected by the State Auditor's Report for the previous fiscal year.
Section 27. If any provisions of this Act or any rule or regulation made thereunder or the application thereof to any person or circum stances is held invalid by a court of competent jurisdiction, the re mainder of the Act, rule or regulation shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections shall not affect the validity of the remainder of the Act.
Section 28. This Act shall become effective on April 1, 1966.

TUESDAY, JANUARY 25, 1966

139

Section 29. All laws and parts of laws in conflict with this Act are hereby repealed.

The Committee on Retirement offered the following amendment to the committee substitute:
Amend the committee substitute to SB 3 by adding to section 8 (a) the words "for the first time" immediately after the words "solicitor general".
On the adoption of the committee amendment to the committee substitute, the ayes were 37, nays 0, and the amendment was adopted.
Senator Johnson of the 38th offered the following amendment to the committee substitute:
Amend the committee substitute to SB 3, section 2, snbparagraph b, line 5, by inserting after the word "include", the words "civil and criminal courts of Fulton County,".
On the adoption of the amendment to the committee substitute, the ayes were 38, nays 0, and the amendment was adopted.
On the adoption of the substitute as amended, the ayes were 42, 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 as amended.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute as amended.
SR 15. By Senators Gillis of the 20th, Rowan of the 8th, Pennington of the 45th, and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the establishment of a

140

JOURNAL OP THE SENATE,

uniform method of assessment of farm and forest lands which shall be based upon the capability of such land to produce farm and forest crops; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VII, Section I, Paragraph III of the Constitution is hereby amended by adding at the end thereof the following:

"The General Assembly shall have the power to provide by law for the establishment of a uniform method of assessment of farm and forest lands, which shall be based upon the capability of such lands to produce farm and forest crops rather than upon the amount of farm or forest crops growing thereon.",

so that when so amended Article VII, Section I, Paragraph III shall read as follows:
"Paragraph III. Uniformity; classification of property. All taxes shall be levied and collected under general laws and for public purposes only. All taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax. Classes of subjects for taxation of property shall consist of tangible property and one or more classes of intangible personal property including money. The General Assembly shall have the power to classify property including money for taxation, and to adopt different rates and different methods for different classes of such property. Notwithstanding anything to the contrary con tained in this paragraph, the General Assembly shall be authorized to enact legislation treating any and all motor vehicles including trailers, as a separate class from other classes of tangible property for ad valorem property tax purposes, and to adopt different rates, methods or assessment dates for the taxation of such property, and to enact legislation consistent herewith to prevent any person, firm or corporation from escaping payment of their fair share of ad valorem taxes on said motor vehicles. The General Assembly shall have the power to provide by law for the establishment of a uniform method of assessment of farm and forest lands, which shall be based upon the capability of such lands to produce farm and forest crops rather than upon the amount of farm or forest crops growing thereon."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

TUESDAY, JANUARY 25, 1966

141

"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the establishment of a uniform method of assessment of
NO ( ) farm and forest lands which shall be based upon the capability of such land to produce farm and forest crops?"
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 returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who issue his proclamation thereon.

Senator Wesberry of the 37th offered the following amendment:
Amend SR 15 by striking the period following the word "thereon" where it appears at the end of the first quoted paragraph of Section ] and inserting in lieu thereof the following:
"; provided, however, any laws enacted by the General As sembly pursuant to this authority shall only be applicable to unzoned property and property zoned for agricultural purposes."
By striking the period following the word "thereon" where it ap pears at the end of quoted Paragraph III of Section 1 and inserting in lieu thereof the following:
"; provided, however, any laws enacted by the General As sembly pursuant to this authority shall only be applicable to unzoned property and property zoned for agricultural purposes."

On the adoption of the amendment, the ayes were 46, nays 1, 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 Coggin

142
Dean Downing Edenf ield Eldridge Fincher of 54th Flowers Foster Gayner Gillis Gregory Hall Hill Holley Holloway

JOURNAL OF THE SENATE,

Jackson Johnson of 42nd Johnson of 38th Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie Owens

Padgett Pennington Rowan Salome Searcey Smalley Smith Spinks Tribble Ward Webb Wesberry Young

Those voting in the negative were Senators:

Kendrick Plunkett

Sanders Thompson

Yancey

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

On the adoption of the resolution, the ayes were 47, nays 5.
The resolution, having received the requisite two-thirds constitutional ma jority, was adopted as amended.

SB 1. By Senator Webb of the llth:
A bill to provide that the holding, owning, having in possession of or paying the tax for a wagering occupational tax stamp or a coin operated gambling device tax stamp issued by the Internal Revenue authorities of the United States shall be prima facie evidence in all the courts of this State against the person holding such stamp in any prosecution of the gambling laws of this State; and for other purposes.

Senator Coggin of the 35th offered the following amendment:
Amend SB 1 by striking section 1 of said act in its entirety and inserting in lieu thereof the following:
Section 1. The Commissioner of Revenue for the State of Geor gia shall annually, not later than March 15th of each year, ascertain what person, or persons, has been issued or hold, owns, or possesses, or has paid the taxes for a wagering occupational tax stamp, as provided in 26 U. S. Code, Section 4411, or is paying the taxes on a

TUESDAY, JANUARY 25, 1966

143

coin-operated gaming device, as provided in 26 U. S. Code 4461, issued by the Internal Revenue authorities of the United States, and said Commissioner of Revenue shall report such fact or facts in writing to all law enforcement agencies seated in the county of the residence of such person holding, owning, having in possession of, or paying the aforementioned wagering tax or taxes."

On the adoption of the amendment, Senator Miller of the 43rd 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:

Coggin Downing Edenfield Fincher of 51st Foster Gayner

Gillis Johnson of 38th Kidd Lee Loggins Minish

Pennington Rowan Salome Thompson Ward

Those voting in the negative were Senators:

Adams Ballew Bateman Broun Carter Dean Eldridge Flowers Gregory Hall Hill Holley

Holloway Jackson Johnson of 42nd Kendrick Kilpatrick Maclntyre Miller Moore McKenzie Owens Padgett

Plunkett Sanders Searcey Smalley Smith Spinks Tribble Webb Wesberry Yancey Young

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

On the adoption of the amendment, the ayes were 17, nays 34, and the amendment was lost.

Senator Gayner of the 5th offered the following amendment:
Amend SB 1 by striking from section 1 the words "prima facie" and substituting in lieu thereof the word "conclusive".

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JOURNAL OP THE SENATE,

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:

Coggin Downing Edenfield Gayner Gillis

Johnson of 38th Kidd Lee Minish Padgett

Pennington Rowan Sanders Ward

Those voting in the negative were Senators:

Adams Ballew Bateman Broun Carter Dean Eldridge Fincher of 54th Flowers Foster Gregory Hill Holley

Holloway Jackson Johnson of 42nd Kendrick Kilpatrick Loggins Maclntyre Miller Moore McGill McKenzie Noble Owens

Plunkett Searcey Smalley Smith Spinks Thompson Tribble Webb Wesberry Yancey Young

By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the amendment, the ayes were 14, nays 37, and the amendment was lost.

Senator Thompson of the 34th offered the following amendment:
Amend SB 1 by deleting from Section 1 the words "prima facie" and substituting therefor "admissible".

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:

TUESDAY, JANUARY 25, 1966

145

Those voting in the affirmative were Senators:

Coggin Downing Edenfield Foster Gayner Gillis

Johnson of 38th Kidd Lee Loggins Minish Pennington

Rowan Smalley Thompson Ward

Those voting in the negative were Senators:

Adams Ballew Bateman Broun Carter Dean Eldridge Fincher of 51st Flowers Gregory Hall Hill

Holley Holloway Jackson Johnson of 42nd Kendrick Kilpatrick Maclntyre Miller Moore McGill McKenzie Noble

Owens Padgett Plunkett Sanders Searcey Smith Spinks Tribble Webb Wesberry Yancey

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

On the adoption of the amendment, the ayes were 16, nays 35, and the amendment was lost.

Senator Webb of the llth offered the following amendment:

Amend SB 1 by adding to the title of said bill after the words and punctuation "gambling laws of this State;" and before the words "to repeal conflict ing laws" the words and punctuation "to provide an effective date;", so that when so amended, said title shall read as follows:

A BILL
TO BE ENTITLED
An Act to provide that the holding, owning, having in possession of or paying the tax for a wagering occupational tax stamp, as provided in 26 U. S. Code, Section 4411, or for paying the special tax on certain coin-operated devices, as provided in 26 U. S. Code, Section 4461, issued by the Internal Revenue Authorities of the United States shall be held in all the courts of this State as prima facie evidence against the person

146

JOURNAL OF THE SENATE,

holding such stamp in any prosecution of such person for violation of the gambling laws of this State; to provide an effective date; to repeal conflicting laws; and for other purposes."

By striking Section 1 of said Act in its entirety and inserting in lieu thereof a new Section 1 to read as follows:

"Section 1. The holding, owning, having in possession of or paying the tax for a wagering occupational tax stamp, as provided in 26 U. S. Code Section 4411, or for a coin-operated gaming device tax stamp, as provided in 26 U. S. Code Section 4461, issued by the Internal Revenue authorities of the United States shall be held in all the courts of this State as prima facie evidence against the person holding such stamp in any prosecution of such person for violation of the gambling laws of this State."

By relabeling the present Section 2 of said Act as Section 3 and inserting a new Section 2 to read as follows:

"Section 2. The provisions of this Act shall become effective on July 1, 1966."

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 Bateman Broun Carter Coggin Dean Downing Edenfield Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

Hall Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie

Noble Owens Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Wesberry Yancey Young

Voting in the negative was Senator Padgett.

TUESDAY, JANUARY 25, 1966

147

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

On the adoption of the amendment, the ayes were 51, 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 as amended.

On the passage of the bill, 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 Bateman Broun Carter Dean Downing Edenfield Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory 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 Sanders Searcey Smalley Smith Spinks Tribble Ward Webb Wesberry Yancey Young

Those voting in the negative were Senators:

Coggin

Loggins

Thompson

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

On the passage of the bill, the ayes were 50, nays 3.

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

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SR 9. 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 equip ment and other personal property used within the home, tools and im plements 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 re jection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSiEMJBLY OF GEORGIA:

Section 1. Article VII, Section I, Paragraph IV of the Constitution, as amended, is hereby amended by striking the following:

"All personal clothing, household and kitchen furniture, per sonal property used and included within the home, domestic animals and tools, and implements of trade of manual laborers, but not in cluding motor vehicles, are exempted from all State, county, munici pal and school district ad valorem taxes, in an amount not to exceed $300.00 in actual value.",

and inserting in lieu thereof the following:

"If not held for sale, rental or other commercial use, personal clothing and effects, household furniture, furnishings, equipment and other personal property used within the home, tools and im plements of trade of manual laborers, and domestic animals, are hereby exempted from all ad valorem taxation for State, county, municipal, and school purposes."

Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article 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 exempt personal clothing and effects, household furniture, fur nishings, 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?"

TUESDAY, JANUARY 25, 1966

149

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 for 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 SR 9 by inserting in line 24 after domestic animals, "But not including boats and motor vehicles".

On the adoption of the amendment, the ayes were 31, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the adoption of the 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 Coggin Dean Eldridge Fincher of 54th Flowers Foster Gayner Gillis Gregory Hall

Hill Holley Holloway Johnson of 38th Kidd Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie Noble

Owens Padgett Pennington Plunkett Rowan Sanders Smalley Thompson Ward Webb Wesberry Yancey Young

Those voting in the negative were Senators:

Carter Downing Edenfield

Fincher of 51st Johnson of 42nd Kendrick

Searcey Smith Tribble

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

On the adoption of the resolution, the ayes were 41, nays 8.

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

Senator Smith of the 18th gave notice that at the proper time he would move that the Senate reconsider its action on SR 9.

SR 11. By Senators Johnson of the 42nd and Webb of the llth:

A RESOLUTION
Proposing an amendment to the Constitution of 1945, as heretofore amended, and more particularly Article VII, Section II, Paragraph I thereof, to declare public transportation of passengers for hire to be an essential governmental function and a public purpose for which the power of taxation of this State may be exercised and its public funds expended; to provide for the submission of this proposed amendment to the people for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The Constitution of the State of Georgia, as heretofore amended, is hereby further amended by adding an additional item to Paragraph I of Section II of Article VII to be numbered item 10 and to read as follows:
"10. Public transportation of passengers for hire is an essen tial governmental function and a public purpose for which the power of taxation of the State may be exercised and its public funds expended. The General Assembly is authorized to provide for the implementation of this provision including the granting of public funds to any public corporation or authori*y established by the General Assembly for the performance of the aforesaid function and purpose, or contracting, through appropriate depart ments or instrumentalities of State government, with any such public corporation or authority established by the General Assembly for performance of the aforesaid function and purpose."
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-

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151

on, such proposed amendment shall be published and submitted as pro vided in Article XIII, Section I, Paragraph I of the Constitution of Geor gia 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 declare public transportation of passengers for hire to be an
) essential governmental function and a public purpose for which the power of taxation of this State may be exercised and its public funds expended?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying 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 returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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

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

Those voting in the affirmative were Senators:

Ballew Broun Carter Coggin Dean Edenfield Eldridge Fincher of 51st Fincher of 54th Flowers Gayner Gillis Hall Holley Holloway

Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie Noble

Owens Pennington Plunkett Rowan Sanders Smalley Smith Thompson Ward Webb Wesberry Yancey Young

Those voting in the negative were Senators:

Adams Bateman Downing

Foster Gregory Hill

Padgett Searcey Tribble

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JOURNAL OF THE SENATE,

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

On the adoption of the resolution, the ayes were 43, nays 9.

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

Senator Hill of the 29th, Chairman of the Committee on Senate Administra tive Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for trans mission to the House of Representatives.
SB 5. SB 14. SB 26. SB 27.
Respectfully submitted, Hill of 29th 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.

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153

Senate Chamber, Atlanta, Georgia Wednesday, January 26, 1966.

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 C. Douglas Winn, pastor, St. George's Protestant Episcopal Church, Griffin, Georgia.
Prayer was offered by the Reverend C. R. McCutcheon, pastor, First Baptist Church, Greenville, Georgia.

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

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 Gregory 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 Smith of the 18th moved that the Senate reconsider its action of yesterday on the following resolution of the Senate:

SR 9. 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, equip ment and other personal property used within the home, tools and implements of trade of manual laborers, and domestic animals, from

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JOURNAL OP THE SENATE,

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.

On the motion to reconsider, the ayes 33, nays 0.

The motion prevailed, and SR 9 was placed on the calendar.
Senator Gregory of the 15th reported that the journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Kendrick of the 32nd asked unanimous consent that the following resolution of the Senate be withdrawn from the Committee on Rules and recom mitted to the Committee on Educational Matters.
SR 31. By Senator Kendrick of the 32nd:
A resolution proposing an amendment to the Constitution so as to provide for the election of the members of the State Board of Education by the voters of each congressional district and to provide for the appointment of the State School Superintendent by the State Board of Education; and for other purposes.

The consent was granted.

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.

WEDNESDAY, JANUARY 26, 1966

155

5. Third reading and passage of local uncontested bills and resolutions.

6. Third reading and consideration of general bills and resolutions.

The consent was granted.

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

SB 17. By Senator Ballew of the 50th: A bill to change the terms of the Superior Court of Fannin County; and for other purposes.
SB 18. By Senator Ballew of the 50th: A bill to change the terms of the Superior Court of Pickens County; and for other purposes.
HB 150. By Mr. Lovell of the 6th: A bill to amend an act to provide for compensation of the Ordinary of Rabun County, so as to change the compensation of the Ordinary of Rabun County; and for other purposes.
HB 151. By Messrs. Vaughn and Harris of the 14th: A bill to create and establish a joint Airport Authority for the City of Cartersville and the the County of Bartow; and lor other purposes.
HB 152. By Messrs. Harris and Vaughan of the 14th: A bill to amend an act incorporating the City of Adairsville, so as to extend and redefine the corporate limits of the City; and for other purposes.
HB 153. Messrs. Harris and Vaughan of the 14th: A bill to amend an act incorporating the City of Adairsville, so as to provide that compensation be paid to tne members of the Mayor and Council; and for other purposes.

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JOURNAL OF THE SENATE,

HB 158. By Mr. Harrison of the 98th:
A bill to amend an act revising, consolidating and superseding the laws of this State relative to game and fish, so as to prohibit any fishing for shrimp, crab or fish in any waters of St. Andrews Sound and Cumberland Sound with power drawn nets during certain periods of the year; and for other purposes.

HB 159. By Mr. Harrison of the 98th:
A bill to amend an act creating a new city charter and municipal govern ment for the City of St. Marys, so as to authorize the governing au thority to execute deeds to secure debt and security deed notes encumbering city-owned real property as security for money loaned to the city; and for other purposes.
HB 160. By Mr. Harrison of the 98th:
A bill to amend an act creating and establishing a new charter for the City of Folkston in the County of Charlton, so as to provide for council posts; and for other purposes.

HB 163. By Messrs. Parrish of the 96th and Pafford of the 97th:
A bill abolishing the fee system existing in the superior courts of the Alapaha Judicial Circuit, so as to change the compensation paid to the Solicitor General; and for other purposes.

HB 181. By Mr. Crowe of the 80th:
A bill to abolish the present method of compensating the sheriff of Worth County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 182. By Mr. Hadaway of the 46th:
A bill to abolish the present mode of compensating the sheriff of Jasper County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 183. By Mr. Murphy of the 26th:
A bill to abolish the present mode of compensating the sheriff and ordinary of Haralson County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

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157

HB 184. By Messrs. Newton and Lewis of the 50th:
A bill to abolish the present mode of compensating the Sheriff of Jenkins County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 185. By Mr. Brackin of the 87th: A bill creating a small claims court in each county in this State having a certain population; and for other purposes.
HB 186. By Mr. Brackin of the 87th: A hill to fix, allow and provide for the compensation of the Sheriff of Miller County; and for other purposes.

HB 189. By Messrs. Gaynor and Smith of the 114th, Tye of the 115th, Richardson of the 116th, Gignilliat and Powers of the 113th and others:
A hill to increase the official bond of the sheriff of Chatham County; and for other purposes.

HB 190. By Messrs. Gaynor and Smith of the 114th, Richardson of the 116th, Gignilliat and Powers of the 113th, Tye of the 115th and others: A bill to increase the official bond of the clerk of the superior court of Chatham County; and for other purposes.
HB 191. By Mr. Parrish of the 96th: A bill to abolish the present mode of compensating the sheriff of Cook County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 194. By Messrs. Richardson of the 116th, Tye of the 115th, Gaynor of the 114th, Gignilliat and Powers of the 113th and others:
A bill to amend Code Section 92-6402 of the Code of Georgia of 1933, relating to the payment of taxes to the county in which returns are made, so as to provide that in certain counties, taxes shall become due in two equal installments, one-half the 1st of July of each year and one-half the 1st of November of each year; and for other purposes.

HB 195. By Mr. Nesmith of the 43rd:
A bill to amend an act placing the compensation of the Sheriff, the Clerk of the Superior Court, the Ordinary and the Coroner of Meriwether

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JOURNAL OF THE SENATE,

County on a salary basis in lieu of a fee basis, so as to change the compensation of the Sheriff, the Clerk of the Superior Court and the Ordinary; and for other purposes.

HB 196. By Mr. Nesmith of the 43rd:
A bill to amend an act abolishing the office of Treasurer of Meriwether County and providing for depositories for the deposit of County funds, so as to change the provisions relating to the depositories for the deposit of county funds; and for other purposes.

HR 85. By Mr. Dickinson of the 27th:
A resolution proposing an amendment to the Constitution, so as to create an industrial development authority for the City of Douglasville and Douglas County; and for other purposes.
HR 88. By Mr. Harrison of the 98th:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Camden County to bind said county by contract with any corporation, partnership or individual, so as to provide a stabilized property tax program for said county; and for other purposes.

HR 89. By Mr. Harrison of the 98th:
A resolution proposing an amendment to the Constitution so as to create the Camden County Development Authority; and for other purposes.

HR 90. By Mr. Harrison of the 98th:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Charlton County to bind said county by contract with any corporation, partnership or individual, so as to provide a stabilized property tax program for said county; and for other purposes.

HR 91. By Mr. Harrison of the 98th:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of the City of Polkston to bind said city by contract with any corporation, partnership or individual so as to provide a stabilized property tax program for said city; and for other purposes.

WEDNESDAY, JANUARY 26, 1966

159

HR 115. By Mr. Crowe of the 80th:
A resolution proposing an amendment to the Constitution so as to create the Worth County Industrial Development Authority; and for other purposes.

HR 117. By Messrs. Wilson of the 102nd, Jordan of the 103rd, McDaniell and Howard of the 101st:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a Zoning and Planning Commission for the unincorporated and or incorporated areas of Cobb County and for various codes in connection therewith; and for other purposes.

HR 80. By Mr. Irvin of the llth:
A resolution proposing an amendment to the Constitution so as to authorize the County Board of Education of Habersham County to bor row funds and pledge certain building funds to the payment thereof; and for other purposes.

HR 9. By Mr. Jones of the 109th:
A resolution releasing certain property belonging to Ernest Geone, Jr. from all fi. fas.; and for other purposes.

HR 20. By Messrs. Clarke of the 45th, NeSmith of the 43rd, Blalock of the 33rd, Tucker of the 36th, Spillers of the 37th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to create public corporations with the power to issue revenue obligations for the purpose of developing in dustrial facilities; and for other purposes.

HB 96. By Messrs. Busbee of the 79th, Smith of the 90th, Hale of the 1st and Harris of the 118th:
A bill to amend an act relating to items not deductible for income tax purposes, so as to provide that any property used as gambling devices or for violating the gambling laws of this State shall not be allowed to be depreciated in computing business deductions; and for other purposes.

HR 62. By Mr. Dean of the 20th:
A resolution amending a resolution, authorizing the conveyance of certain real property, owned by the State Highway Department, and

160

JOURNAL OF THE SENATE,

located in East Point, Georgia, so as to provide that the proceeds therefrom shall be paid to the Treasurer of the State Highway De partment; and for other purposes.

HR 57. By Messrs. Busbee of the 79th; Smith of the 90th; Hale of the 1st; and Harris of the 118th:
A resolution ratifying a proposed amendment to the Constitution of the United States relating to succession to the Presidency and Vice- Presi dency; and for other purposes.
The following bills and resolutions were introduced, read the first time, and referred to committees:

SB 99. By Senator Hill of the 29th:
A bill incorporating the town of Greenville, in the County of Meriwether, so as to change the corporate limits of said city; and for other pur poses.
Referred to Committee on County and Municipal Governments.

SB 100. By Senators Fincher of the 51st, Moore of the 31st and Fincher of the 54th:
A bill relating to the filling of vacanices on the Georgia State Board of Pharmacy to provide that the Georgia Pharmaceutical Association shall annually elect or nominate three practicing registered pharmacists to fill vacancies; and for other purposes.
Referred to Committee on Health and Welfare.

SB 101. By Senator Salome of the 36th:
A bill to amend the Georgia Insurance Code, relating to non-profit medical service corporations so as to clarify certain definitions therein; and for other purposes.
Referred to Committee on Banking and Finance.

SB 102. By Senator Johnson of the 42nd:
A bill relating to the incorporation and organization of trust companies to change the amount of paid-in capital stock required for incorporation and organization of a trust company; and for other purposes.
Referred to Committee on Banking and Finance.

WEDNESDAY, JANUARY 26, 1966

161

SB 103. By Senators Poster of the 21st, Padgett of the 23rd, Eldridge of the 7th, Young of the 13th and others:
A bill to amend the "Minimum Foundation Program of Education Act", so as to provide a method whereby a certain percentage of the electors of any school system of this State, fulfilling its financial obligations under the provisions of this Act, may call an election to determine if said school system is bound by regulations promulgated by Board of Education; and for other purposes.
Referred to Committee on Educational Matters.

SB 104. By Senators Plunkett of the 30th and Downing of the 1st:
A bill to amend an Act known as the "Unemployment Compensation Law" by modifying the benefit tables to provide increased weekly benefit amounts and the qualifications and eligibility for benefits; by providing for the availability of trainees; by correcting references in disqualification provisions; by providing for the disqualification of trainees who quit training; and for other purposes.
Referred to Committee on Industry and Labor.

SB 105. By Senators Minish of the 48th and Sanders of the 41st:
A bill to amend an Act creating the Georgia State Scholarship Com mission to provide dental health services in areas of Georgia; to provide the method and manner of awarding said scholarships to qualified students; and for other purposes.
Referred to Committee on Health and Welfare.

SB 106. By Senator Kidd of the 25th:
A bill to provide compensation to employees of institutions, agencies, or departments of State who contract tuberculosis while in the employ of such institution, agency, or department; to provide minimum and maximum payments and duration of same; and for other purposes.
Referred to Committee on Industry and Labor.

SB 107. By Senator Kidd of the 25th:
A bill to amend an Act creating a Department of Public Safety for Georgia to provide that if drivers' licenses of citizens of this State expire while they are beyond the continental limits of the United States of America, the renewal of said license shall be extended until 30 days after such citizen reenters the continental limits of the United States of America; and for other purposes.
Referred to Committee on Rules.

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JOURNAL OF THE SENATE,

SB 108. By Senators Downing of the 1st, Dean of the 6th, Kidd of the 25th, Padgett of the 23rd, Johnson of the 38th, Ward of the 39th, Minish of the 48th and Thompson of the 34th:
A bill relating to workmen's compensation; and for other purposes.
Referred to Committee on Industry and Labor.

SB 109. By Senators Rowan of the 8th and Carter of the 14th:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act" to change the minimum sum in determining the funds needed by local units of administration for the maintenance, opera tion, and sick leave expenses not otherwise provided in said Act; and for other purposes.
Referred to Committee on Educational Matters.

SB 110. By Senator Smith of the 18th:
A bill to amend an Act creating a Board of County Commissioners for the County of Houston to provide that Houston County Commissioners Posts Numbered Four and Five shall be separate and distinct from each other, and subject to the identical voting requirements hereto fore established for Houston County Commissioners Posts Numbered 1, 2, and 3; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 111. By Senator Smith of the 18th: A bill to amend an Act creating a new charter for the City of Perry to increase the maximum compensation authorized for councilrnen; and for other purposes.
Referred to Committee on County and Municipal Governments.
SB 112. By Senator Broun of the 46th: A bill to provide that it shall be unlawful for any person, firm or corporation to operate a motor vehicle which is engaged in transporting any loose earthen materials for a distance in excess of three miles upon any public roads in this state, unless said vehicle is equipped with appropriate devices so that such materials will not spill; and for other purposes.
Referred to Committee on Highways.
SB 113. By Senator Thompson of the 34th: A bill relating to the judge of the superior court emeritus to provide that a judge may request any judge emeritus of any judicial circuit

WEDNESDAY, JANUARY 26, 1966

163

to serve and preside in the judicial circuit of the judge making such request; and for other purposes.
Referred to Committee on Judiciary.

HB 96. By Messrs. Busbee of the 79th, Smith of the 90th, Hale of the 1st and Harris of the 118th:
A bill to amend an act relating to items not deductible for income tax purposes, so as to provide that any property used as gambling devices or for violating the gambling laws of this State shall not be allowed to be depreciated in computing business deductions; and for other pur poses.
Referred to Committee on Judiciary.

HB 150. By Mr. Lovell of the 6th:
A bill to amend an act to provide for compensation of the ordinary of Rabun County, so as to change the compensation of the ordinary of Rabun County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 151. By Messrs. Vaughan and Harris of the 14th: A bill to create and establish a joint Airport Authority for the City of Cartersville and the County of Bartow; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 152. By Messrs. Harris and Vaughan of the 14th: A bill to amend an act incorporating the City of Adairsville, so as to extend and redefine the corporate limits of the city; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 153. By Messrs. Harris and Vaughan of the 14th: A bill to amend an act incorporating the City or Adairsville, so as to provide that compensation paid to the members of the mayor and council shall be submitted to a referendum; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 158. By Mr. Harrison of the 98th: A bill to amend an act revising, consolidating and superseding the laws of this State relative to game and fish, so as to prohibit any

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JOURNAL OF THE SENATE,

fishing for shrimp, crab or fish in any waters of St. Andrews Sound and Cumberland Sound with power drawn nets during certain periods of the year; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HB 159. By Mr. Harrison of the 98th:
A bill to amend an act creating a new city charter and municipal gov ernment for the City of St. Marys, so as to authorize the governing authority to execute deeds to secure debt and security deed notes encumbering city-owned real property as security for money loaned to the city; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 160. By Mr. Harrison of the 98th:
A bill to amend an act creating and establishing a new charter for the City of Folkston in the County of Charlton, so as to provide for council posts; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 163. By Messrs. Parrish of the 96th and Pafford of the 97th:
A bill abolishing the fee system existing in the superior courts of the Alapaha Judicial Circuit, so as to change the compensation paid to the solicitor general; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 181. By Mr. Crowe of the 80th:
A bill to abolish the present method of compensating the sheriff of Worth 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 182. By Mr. Hadaway of the 46th:
A bill to abolish the present mode of compensating the sheriff of Jasper 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 183. By Mr. Murphy of the 26th:
A bill to abolish the present mode of compensating the sheriff and ordinary of Haralson 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.

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165

HB 184. By Messrs. Newton and Lewis of the 50th:
A bill to abolish the present mode of compensating the sheriff of Jenkins 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 185. By Mr. Brackin of the 87th:
A bill creating a small claims court in each county in this State having a certain population; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 186. By Mr. Brackin of the 87th:
A bill to fix, allow and provide for the compensation of the sheriff of Miller County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 189. By Messrs. Gaynor and Smith of the 114th, Tye of the 115th, Gignilliat and Powers of the 113th and others;
A bill to increase the official bond of the sheriff of Chatham County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 190. By Messrs. Gaynor and Smith of the 114th, Richardson of the 116th, Gignilliat and Powers of the 113th, Tye of the 115th and others:
A bill to increase the official bond of the clerk of the superior court of Chatham County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 191. By Mr. Parrish of the 96th:
A bill to abolish the present mode of compensating the sheriff of Cook 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 194. By Messrs. Richardson of the 116th, Tye of the 115th, Gaynor of the 114th, Gignilliat and Powers of the 113th and others:
A bill to amend Code section 92-6402 of the Code of Georgia of 1933, relating to the payment of taxes to the county in which returns are made; and for other purposes.
Referred to Committee on County and Municipal Governments.

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JOURNAL OF THE SENATE,

HB 195. By Mr. NeSmith of the 43rd:
A bill to amend an act placing1 the compensation of the sheriff, the clerk of the superior court, the ordinary and the coroner of Meriwether County on a salary basis in lieu of a fee basis; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 196. By Mr. NeSmith of the 43rd:
A bill to amend an act abolishing the office of treasurer of Meriwether County and providing for depositories for the deposit of county funds; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 9. By Mr. Jones of the 109th:
A resolution releasing certain property belonging to Ernest Geone, Jr., from all fi fas; and for other purposes.
Referred to Committee on Judiciary.

HR 20. By Messrs. Clarke of the 45th, Nesmith of the 43rd, Blalock of the 33rd, Tucker of the 36th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to create public corporations with the power to issue revenue obligations to develop industrial facilities; and for other purposes.
Referred to Committee on Rules.

HR 57. By Messrs. Busbee of the 79th, Smith of the 90th, Hale of the 1st and Harris of the 118th:
A resolution ratifying a proposed amendment to the Constitution of the United States relating- to succession to the presidency and vice-presi dency; and for other purposes.
Referred to Committee on Rules.

HR 62. By Mr. Dean of the 20th:
A resolution amending a resolution, authorizing the conveyance of certain real property, owned by the State Highway Department, and located in East Point, Georgia, so as to provide that the proceeds there from shall be paid to the treasurer of the State Highway Department; and for other purposes.
Referred to Committee on Highways.

WEDNESDAY, JANUARY 26, 1966

167

HR 80. By Mr. Irvin of the llth:
A resolution proposing an amendment to the Constitution so as to authorize the County Board of Education of Habersham County to borrow funds and pledge certain building funds to the payment there of; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 85. By Mr. Dickinson of the 27th:
A resolution proposing an amendment to the Constitution, so as to create an industrial development authority for the City of Douglasville and Douglas County; and for other purposes.
Referred to Committee on County and Municipal Governments,

HR 88. By Mr. Harrison of the 98th:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Camden County to bind said county by contract with any corporation, partnership or individual, so as to provide a stabilized property tax program for said county; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 89. By Mr. Harrison of the 98th:
A resolution proposing an amendment to the Constitution so as to create the Camden County Development Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 90. By Mr. Harrison of the 98th:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Charlton County to bind said county by contract with any corporation, partnership or individual, so as to provide a stabilized property tax program for said county; and for other purposes.
Referred to Committee on County and Municipal Governments,

HR 91. By Mr. Harrison of the 98th:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of the City of Folkston to bind said city by contract with any corporation, partnership or individual so as to provide a stabilized property tax program for said city; and for other purposes.
Referred to Committee on County and Municipal Governments.

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HR 115. By Mr. Crowe of the 80th:
A resolution proposing an amendment to the Constitution so as to create the Worth County Industrial Development Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 117. By Messrs. Wilson of the 102nd, Jordan of the 103rd, McDaniell and Howard of the 101st:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a Zoning and Planning Commission for the unincorporated and/or incorporated areas of Cobb County and for various codes in connection therewith; and for other purposes.
Referred to Committee on County and Municipal Governments.

The following bills and resolutions were read the second time:

SB 88. By Senators Holley of the 22nd, Kidd of the 25th, Noble of the 19th; Salome of the 36th and Loggins of the 53rd:
A bill to provide for the incorporation of regulated certificated banks; and for other purposes.

SB 89. By Senator Holley of the 22nd:
A bill to amend Code Section 13-204 relating to private banks or private bankers to provide that no individual or any organization shall carry on or conduct a banking business in this State without being chartered or certificated and organized under the Banking Laws of this State or of the United States; and for other purposes.

SB 90. By Senators Smalley of the 28th and Gaynor of the 5th:
A bill relating to the practice of optometry to provide that appeals taken to certain actions of the Board of Examiners in Optometry shall be taken in accordance with the "Georgia Administrative Procedure Act", to repeal conflicting laws; and for other purposes.

SB 91. By Senator Smith of the 18th:
A bill to abolish the present mode of compensating the coroner of Houston County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

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169

SB 92. By Senators Dean of the 6th, Searcey of the 2nd and Hall of the 52nd:
A bill to authorize, direct and empower the standards that should be required of Day Care Centers operated and maintained to furnish a training program and to care for the mentally retarded.

'SB 93. By Senators Rowan of the 8th and Pennington of the 45th:
A bill to provide for inspection of colonies of honeybees by the State Department of Agriculture; and for other purposes.

SB 94. 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 95. By Senator Holloway of the 12th:
A bill to provide that when two or more persons are jointly indicted for a capital offense, unless the State waives the death penalty, and defendant so electing shall be separately tried; and for other purposes.

SB 96. By Senator Downing of the 1st:
A bill to amend Code Section 40-2002, relating to the mileage allowance for state officials and employees to provide a different mileage allow ance for officials and employees of the State Highway Department; and for other purposes.

SB 97. By Senators Edenfield of the 4th, Kilpatrick of the 44th, Hall of the 52nd, Ballew of the 50th, Smalley of the 28th and Padgett of the 23rd:
A bill to provide that the campus policemen and other security per sonnel of the University System of Georgia who are regular employees of said system shall have the power to make arrests for offenses com mitted upon any property under the jurisdiction of the Board of Re gents of the University System of Georgia; and for other purposes.

SB 98. By Senator Jackson of the 16th:
A bill to amend an Act establishing a retirement system for teachers in the State Public Schools to provide that upon service retirement a member of the said system shall receive an allowance consisting of an annuity and an annual pension; to provide retirement after 40 years service; and for other purposes.

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SR 36. By Senator Rowan of the 8th: A resolution amending the Rules of the Senate; and for other purposes.

HB 17. By Messrs. Levitas and Harris of the 118th and Harris of the 85th:
A bill to create a commission to be known as the "Law Revision Commission"; and for other purposes.

HB 126. By Messrs. Johnson of the 40th, Mitchell of the 3rd, Anderson of the 71st, Matthews of the 94th, Williams of the 16th and many others:
A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", so as to require certain motor vehicles employed by the Department of Public Safety for the purpose of traffic enforce ment to be marked and equipped with certain uniform fixtures; and for other purposes.

HB 149. By Messrs. Smith of the 90th, Hale of the 1st, Melton of the 34th, Smith of the 54th, Busbee of the 79th, Harris of the 118th, Gaissert of the 34th and Steis of the 100th:
A bill reorganizing the State Department of Law, so as to provide for the appointment, employment and removal of assistant attorneys general, deputy assistant attorneys general, law assistants, and other employees; 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 and resolutions of the House and has instructed me as Chairman, to report the same back to the Senate with the following recom mendations:

HB 12. Do Pass.

HB 94. Do Pass.

HB 100. Do pass.

HR 58. Do Pass.

HR 59. Do Pass.

HR 60. Do Pass.

HB 71. Do Pass as Amended.

Respectfully submitted,

Downing of 1st District,

Chairman.

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171

Mr. Smalley of the 28th District Chairman of the Committee on Judiciary submitted the following report:

Mr. President:

Your Committee on Judiciary has had under consideration the following bills of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 4. Do pass by substitute. SB 2. Do pass by substitute. SB 6, Do pass as amended. SB 51. Do pass. SB 43. Do pass.
Respectfully submitted, Smalley of 28th District, Chairman.

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

SB 2. By Senator Bateman of the 27th:
A bill to amend Code section 59-112, relating to persons exempt from jury duty, as amended, so as to provide the persons who shall be entitled to exemption from all jury duty; to provide the procedure connected therewith; 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 59-112, as heretofore amended, relating to persons exempt from jury duty; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 59-112, relating to persons exempt from jury duty, as heretofore amended, is further amended by striking said

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Code Section in its entirety and substituting in lieu thereof a new Code Section 59-112 to read as follows:
"59-112. Persons exempt from Jury Duty.
(a) The following persons are exempt from all jury duty, civil or criminal; the name of any such person shall not be included or continued in the jury box unless such person shall make a request therefor in writing to the board of jury commissioners or its clerk:
"1. Police and other law enforcement officers employed or appointed on a full-time basis, but not part-time or honorary peace officers.

"2. Officers and personnel of any court employed or appointed on a full-time basis, including attorneys-at-law who are active members of the State Bar of Georgia and regularly engaged in the practice of law in this State.

"3. Officers, firemen and other personnel of any fire depart ment employed or appointed on a full-time basis, except that exemp tion hereunder shall also apply to those members of a volunteer fire department, certified to the board of jury commissioners by the administrative head thereof as indispensable to the effective opera tion of such department.

"4. Physicians, surgeons, medical interns, and medical tech nicians actively engaged as such, except that exemption hereunder shall also apply to other personnel of a hospital certified to the board of jury commissioners by the administrative head thereof as indis pensable to the effective operation of such hospital.

"5. Persons who are 65 years of age or older.

(b) Any other person summonded to jury duty may be excused therefrom by the judge of the court to which he has been summoned upon a showing that he will be engaged during the term of his required service in work necessary to the public health, safety or good order, or that the required service will work an undue hard ship on him or his family.

(c) The exemption hereunder shall not apply to attorneys-atlaw or physicians summoned to serve on commissions or juries pursuant to any of the provisions of Title 88 of the Code of Georgia known as "The Health Code", approved March 18, 1964 (Ga. Laws 1964, p. 499 et seq.), as now in effect or hereafter amended."

Section 2. The enactment of Code Section 59-112 as set forth in Section 1 shall supersede and repeal the Act approved December 18, 1953 (Ga. Laws, 1953, Nov.-Dec. Sess., p. 328) relating to an exemption from jury duty for attorneys-at-law.

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173

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 38, nays 2, and the substitute was adopted.

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

On the passage of the bill, the ayes were 36, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.

SR 9. 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, equip ment and other personal property used within the home, tools and im plements 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.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1, Article VII, Section I, Paragraph IV of the Constitution, as amended, is hereby amended by striking the following:
"All personal clothing, household and kitchen furniture, per sonal property used and included within the home, domestic animals and tools, and implements of trade of manual laborers, but not including motor vehicles, are exempted from all State, county, municipal and school district ad valorem taxes, in an amount not to exceed $300.00 in actual value.",
and inserting in lieu thereof the following:
"If not held for sale, rental or other commercial use, personal clothing and effects, household furniture, furnishings, equipment and other personal property used within the home, tools and imple-

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ments of trade of manual laborers, and domestic animals, are hereby exempted from all ad valorem taxation for State, county, municipal, and school purposes."

Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article 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 exempt personal clothing and effects, household furniture,
NO ( ) 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?"

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 Smith of the 18th offered the following amendment:

Amend SR 9 by inserting in the title between the words "to" and "exempt" the words "authorize the General Assembly to", so that when so amended the title of said resolution shall read as follows:
"Proposing an amendment to the Constitution so as to authorize the General Assembly to exempt personal clothing and effects, household furniture, furnishings, equipment and other personal property used within the home, tools and implement 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."
By striking from the second quoted paragraph of Section 1 the words "are hereby" and substituting in lieu thereof the words "may

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175

be", and by inserting between the words "exempted" and "from" as they appear in said paragraph the words "by the General Assembly", so that when so amended the second quoted paragraph of Section 1 shall read as follows:

" 'If not held for sale, rental or other commercial use, personal clothing and effects, household furniture, furnishings, equipment and other personal property used within the home, tools and im plements of trade of manual laborers, and domestic animals, may be exempted by the General Assembly from all ad valorem taxation for State, county, municipal, and school purposes.' "

By inserting in the second paragraph of Section 2 between the words "as" and "to" the words "to authorize the General Assembly", so that when so amended the second paragraph shall read as follows:

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

" 'YES ( ) Shall the Constitution be amended so as to au thorize the General Assembly to exempt per sonal clothing and effects, household furniture,
NO ( ) furnishings, equipment and other personal prop erty 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?'"

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 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 Fincher of 51st Flowers Foster Gayner

Gillis Gregory Hall Hill Holley Holloway Jackson Johnson of 38th Kendrick

Kidd Kilpatrick Lee Loggins Maclntyre Miller Moore McKenzie Noble

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Owens Padgett Pennington Plunkett Rowan Salome

JOURNAL OP THE SENATE,

Sanders Smalley Smith Spinks Thompson Ward

Webb Wesberry Yancey Young

Those voting in the negative were Senators:

Downing

Edenfield

Searcey Tribble

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

On the adoption of the resolution, the ayes were 43, nays 4.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted as amended.
SB 4. By Senator Smalley of the 28th: A bill to amend Code section 81-202, relating to the service of process in civil actions, as amended by an act approved February 1, 1946, (Ga. Laws 1946, p. 761), and an act approved December 22, 1953, (Ga. Laws 1953, Nov-Dec Sess., p. 440), so as to delete therefrom those provisions permitting the defendant to be served by leaving a copy of the petition and process at the defendant's residence; and for other purposes.
The Committee on Judiciary offered the following substitute:

A BILL
TO BE ENTITLED
An Act to amend the Code of Georgia of 1933, as amended, by amending Code Section 81-202, relating to the service of process in civil actions, as amended by an Act approved Feberuary 1, 1946 (Ga. Laws 1946, p. 761), and an Act approved December 22, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 440), so as to delete therefrom those pro visions permitting the defendant to be served by leaving a copy of the petition and process at the defendant's residence; to provide that an appropriate officer of the court wherein the litigation has been initiated may serve the defendant in any county in which he may be found; to provide for service by second original; to provide for service by registered mail; to provide for the entry of service; to provide a

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177

fee for the sheriff for certain of his services rendered in serving certain court proceedings; to provide that such methods of service shall be cumulative; to provide the procedure connected with the foregoing; to repeal Code Section 81-215, relating to the service of certain defendants by second originals; to amend Code Section 22-1101, relating to the perfection of the service of process upon corporations, so as to provide that service by leaving a copy of the documents sought to be served at the place of transacting the usual and ordinary public business of a corporation shall not be available in those instances where certain corporations have designated certain agents for service; to provide for the registering with the clerk of any court an agent for service for corporations; to provide the procedure connected therewith; to repeal an Act entitled "An Act to provide for the service of process, summons and notices in this State, and for other purposes.", approved February 16, 1945 (Ga. Laws 1945, p. 147); to repeal conflicting laws; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. The Code of Georgia of 1933, as amended, is hereby amended by striking in its entirely Code Section 81-202, relating to the service of process in civil actions, as amended by an Act approved February 1, 1946 (Ga. Laws 1946, p. 761), and an Act approved December 22, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 440), and substituting in lieu thereof a new Code Section 81-202 to read as follows:

"81-202. (a) The clerk shall immediately deliver the original peti tion and process, together with a copy thereof for each defendant, to the sheriff or his deputy of the county wherein the litigation has been initiated, if the defendant may be found therein and such officer is to serve the defendant.

(1) The service of such documents may be perfected by the serving officers personally delivering to the defendant a copy of such proceedings within five days from the date of the receipt of such documents from the clerk, or as soon thereafter as practical. The delivery of such documents to the defendant may occur in any county wherein the defendant may be found within this state by the serving officer.

(2) In the event a defendant may not be found within the county wherein the litigation has been initiated, at the direction of the plaintiff, the clerk shall issue a second original and copy of the documents sought to be served and forward the same to the sheriff of the county wherein the defendant may be found. The sheriff or his deputy of the county to whom such second original has been forwarded shall serve the defendant in the same manner as provided for above and shall return the second original with his entry of service thereon to the clerk of the court from which the same was issued. The defendant need not be a resident of a county other than that county in which the litigation has been initiated in order to be served by second original. The officer perfecting service

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by second original may deliver such documents to the defendant in any county in which he may find the defendant in this state.
(3) The clerk of the court wherein such proceedings have been initiated may deposit a copy of the documents sought to be served in the United States mails by registered mail, for addressee only, return receipt requested. Such service shall be sufficient if the re turn receipt, signed by the defendant, or his agent for service, is filed by the clerk together with a certificate of mailing exe cuted by the clerk with the other proceedings in the case. The method of service as provided by this subparagraph shall not apply to service of such documents upon minors or insane persons and shall not be available for such purposes.
(b) The serving officer shall make an entry of his service upon the original or second original of the documents served and shall return it to the clerk of the court wherein the litigation has been initiated. The entry of service shall show the date of service and shall be signed by the officer serving such documents. The failure of the copy served on the defendant to show a date of service and to bear the signature of the serving officer shall not invalidate any service which has otherwise legally been made. It shall be no objection to the service or the return thereof that the process and summons was not directed to the officer making the service.
(c) A sheriff shall be entitled to a fee of ten cents per mile for each mile travelled in serving a defendant if such service is accomplished outside the county of the serving officer's residence. Such fees shall be taxed as a part of the costs in the case to which such documents pertain. The sheriff before being required to travel outside of the county of his residence in order to perfect such service shall have the right to require the party or his attorney requesting such service to deposit with him a sum sufficient to cover the mileage fees prescribed for herein.

(d) The methods of service as provided by this Section shall not be exclusive but shall be cumulative of all other methods of service as are provided by law."
Section 2. Said Code is further amended by repealing Code Section 81-215, relating to the service of certain defendants by second originals, and said Code Section is hereby repealed in its entirety.

Section 3. Said Code is further amended by adding at the end of Code Section 22-1101, relating to the service of process upon corpora tions, the following:
"Provided, however, that service by leaving a copy of such documents at the place of transacting the usual and ordinary public business of a corporation shall not be available as to those corpora tions which have designated an officer or agent for service as is provided for by Code Section 22-1104.",

so that when so amended Code Section 22-1101 shall read as follows:

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179

"22-1101. Service of all writs, attachments, and other process necessary to the commencement of any suit against any corporation in any court, except as hereinafter provided, may be perfected by serving any officer or agent of such corporation, or by leaving the same at the place of transacting the usual and ordinary public business of such corporation, if any such place of business then shall be within the jurisdiction of the court in which said suit may be commenced. The officer shall specify the mode of service in his return. Provided, however, that service by leaving a copy of such documents at the place of transacting the usual and ordinary public business of a corporation shall not be available as to those corpora tions which have designated an officer or agent for service as is provided for by Code Section 22-1104."

Section 4. Said Code is further amended by adding at the end of Code Chapter 22-11, relating to service upon corporations, a new Code Section to be numbered Code Section 22-1104 and to read as follows:

"22-1104. A corporation may register with the clerk of any court the name of an officer, agent or attorney upon whom service of process directed against such corporation may be perfected. A corporation desiring to designate such a person as the agent for the service of process may do so by filing with the clerk of the court a written designation setting forth the full name and mailing address of thj? person designated as such agent for service. Such de signation shall be signed on behalf of the corporation by an ex ecutive officer thereof and shall bear the seal of the corporation affixed thereto and shall be attested by the secretary or assistant secretary of the corporation. The clerk of the court shall maintain a registry of such designations and an index by corporate names arranged in alphabetical order. When a corporation shall designate an agent for service as herein provided, service of process may be perfected upon such a corporation by the service of process being made upon such an agent in accordance with the provisions of Code Section 81-202, as amended."

Section 5. An Act entitled "An Act to provide for the service of process, summons and notices in this State, and for other purposes.", approved February 16, 1945 (Ga. Laws 1945, p. 147), is hereby repealed in its entirety.

Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Kilpatrick of the 44th offered the following amendment to the substitute to SB 4:
Amend substitute to SB 4 (1) by adding in the caption of said bill between the words "registered" and "mail" the words "or certified" (2) Adding in section 1 - subparagraph (a) (3) between the word "by" and "registered" the words "certified or".

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On the adoption of the amendment, the ayes were 32, nays 2, and the amendment to the substitute was adopted.

On the adoption of the substitute as amended, the ayes were 34, nays 0, and the substitute was adopted as amended.

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 Downing of the 1st gave notice that at the proper time he would move that the Senate reconsider its action on SB 4.

SB 6. By Senator Smalley of the 28th:
A bill to amend Code chapter 39-6, relating to the satisfaction of executions, so as to provide for the entering upon the fi. fa. of part payments made on judgments; to provide for the cancellation of ex ecutions; and for other purposes.

The Committee on Judiciary offered the following amendment:

Amend SB 6 by inserting in the title immediately before the phrase "to provide the procedure connected therewith" the following:
"to repeal Code Section 24-3327, relating to the execution and filing of an acknowledgment of the payment of a judgment;".
By inserting in Code Sections 39-609 and 39-610, which Code Sections are quoted in Section 1 of said bill, immediately after the words "fi. fa." as they appear therein "or his attorney", so that when so amended Code Sections 39-609 and 39-610 shall read as follows:
"39-609. When a payment on the execution shall be made which does not entirely satisfy the judgment upon which the execution has been issued, the plaintiff in fi. fa. or his attorney shall authorize the clerk to enter the amount of such payments upon the execution.

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"39-610. Upon the satisfaction of the entire debt upon which the execution has been issued, the plaintiff in fi. fa. or his at torney shall direct the clerk to cancel the execution and mark the judgment satisfied."

By renumbering Section 2 as Section 3 and inserting after Section 1 a new Section 2 to read as follows:

"Section 2. Code Section 24-3327, relating to the execution and filing of an acknowledgment of the payment of a judgment, is hereby repealed in its entirety."

On the adoption of the amendment, the ayes were 29, nays 0, and the amendment was adopted.

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

On the passage of the bill, the ayes were 33, nays 0.

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

Senator Hill of the 29th, Chairman of the Committee on Senate Administra tive 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 1. SB 3. SB 36. SR 11. SR 15.
Respectfully submitted, Hill of the 29th District, Chairman.

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SB 51. By Senators Salome of the 36th and Coggin of the 35th:
A hill to amend Code chapter 9-1, relating to applicants for admission to the practice of law, as amended, so as to change the educational requirements for applicants for admission to the practice of law; and and other purposes.

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

On the passage of the bill, the ayes were 32, nays 1.

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

SB 43. By Senator Ballew of the 50th:
A bill to amend Code chapter 74-4, so as to provide for a different time limit for the granting of adoptions under certain circumstances; to provide the circumstances under which the different time limits shall apply; to provide the procedure connected therewith; to repeal con flicting laws; and for other purposes.

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

On the passage of the bill, the ayes were 30, nays 1.

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.

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183

Senate Chamber, Atlanta, Georgia, Thursday, January 27, 1966.

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 Everette Jones, pastor, New Elm Baptist Church, Moultrie, Georgia.

Prayer was offered by the Reverend Harold Rowland, pastor, First Baptist

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 Fincher of 54th Flowers Foster Gayner Gillis Gregory Hall

Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd
Kilpatrick Lee Loggins Maclntyre Miller Minish
Moore McGill McKenzie
Noble

Owens Pennington Plunkett Rowan Salome Sanders Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Wesberry Yancey Young

Senator Gregory of the 15th reported that the journal of yesterday's pro ceedings had been read and found correct.

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

Senator Webb of the llth asked unanimous consent that the following be established as the order of business for today:

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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 Johnson of the 42nd asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Banking and Finance and recommitted to the Committee on Health and Welfare:

SB 101. By Senator Salome of the 36th:
A bill to amend the Georgia Insurance Code, relating to non-profit medical service corporations so as to clarify certain definitions therein; 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 to-wit:

HB 25. By Mr. Pickard of the 112th:
A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", so as to change the provisions relating to the cost for blood alcohol tests to determine whether or not a person was operating a motor vehicle while under the influence of intoxicating liquor; and for other purposes.

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185

HB 14. By Mr. Westlake of the 119th:
A bill relating to the examination of applicants for certain licenses issued by the Insurance Commissioner, so as to allow certain applicants who have completed certain examinations to receive such licenses with out the necessity of taking certain written examinations, and for other purposes.

HB 15. By Mr. Westlake of the 119th:
A bill to amend an act relating to the examination of certain applicants for licenses issued by the Insurance Commissioner so as to exempt applicants for certain of such licenses who have successfully completed certain of the examinations given by the Society of Chartered Property and Casualty Underwriters; and for other purposes.

HB 48. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend an act authorizing the State Personnel Board to provide a Health Insurance Plan for State employees, so as to remove the pro vision excluding coverage of certain dental care; and for other purposes.

HR 28. By Mr. Carley of the 117th:
A resolution proposing an amendment to Article VI, Section XI, Para graph I of the Constitution of Georgia, relating to the office and election of solicitors general, so as to provide that each solicitor general shall be elected only by the electors of the circuit for which such solicitor general shall serve; and for other purposes.
HR 29. By Mr. Carley of the 117th:
A resolution proposing an amendment to Article VI, Section III, Para graph II of the Constitution of Georgia, relating to the office and election of superior court judges, so as to provide that each superior court judge shall be elected only by the electors of the circuit for which such superior court judge shall serve; and for other purposes.
HB 140. By Mr. Murphy of the 26th:
A bill to be entitled an act to amend Section 105-2012 of the Code of Georgia of 1933, which section provides for the right of contribution among several trespassers, so as to provide for the right of contribution where the several trespassers are not jointly sued; and for other purposes.

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HB 76. By Messrs. Harris of the 118th, Smith of the 90th, Busbee of the 79th and Hale of the 1st:
A bill to amend an act providing for grants to certain incorporated municipalities of this State for the purpose of aiding in the construc tion and maintenance of streets, so as to provide for the submission of an annual audit from each such municipality to the State Auditor; and for other purposes.

HB 77. By Messrs. Harris of the 118th, Smith of the 90th, Busbee of the 79th and Hale of the 1st:
A bill to amend Code Section 92-1404, relating to the distribution of funds to counties for the construction and maintenance of public roads, so as to provide for the submission of an annual audit from each county to the State Auditor; and for other purposes.

HB 83. By Mr. Alexander of the 133rd:
A bill to provide that certain persons accused of crimes, with their consent, be put on probation after the finding but before an adjudication of their guilt; and for other purposes.

The following resolutions were read and adopted:

SR 37. By Senators Thompson of the 34th and Jackson of the 16th:
A resolution requesting the State Highway Department to provide that the modification or alteration of major thoroughfares shall be ac complished in the most expeditious manner; and for other purposes.

HR 129. By Messrs. Brown of the 135th, Dillon of the 128th, and others:
A resolution extending a welcome to the Atlanta Braves and the Atlanta Falcons.

SR 43. By Senator Hall of the 52nd:
A resolution commending Honorable Bill Callaway; and for other pur poses.

SR 44. By Senators Kendrick of the 32nd and Kidd of the 25th: A resolution congratulating Henry Castleman; and for other purposes.

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

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187

SB 114. By Senators Webb of the llth and Jackson of the 16th:
A bill relating to the qualifications of applicants for registration as graduate nurses to provide for an additional method of qualifying for registration as a graduate nurse; to repeal conflicting laws; and for other purposes.
Referred to Committee on Health and Welfare.

SB 115. By Senator Kilpatrick of the 44th:
A bill relating to the drawing of names of persons to serve as jurors so as to change the maximum number of names that may be drawn; and for other purposes.
Referred to Committee on Judiciary.

SB 116. By Senators Wesberry of the 37th and Salome of the 36th:
A bill to provide an office of local affairs; to declare the intent of the Legislature in providing for said office; to provide for an advisory board; to provide for the functions of said office; to repeal conflicting laws; and for other purposes.
Referred to Committee on Rules.

SB 117. By Senator Kidd of the 25th:
A bill to abolish the present mode of compensating the sheriff of Baldwin 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.

SB 118. By Senator Hall of the 52nd:
A bill to amend an act establishing the teachers' retirement system to remove the provisions relating to the employer rate of contributions added by the aforesaid 1965 Act; and for other purposes.
Referred to Committee on Retirement.

SB 119. By Senators Downing of the 1st, Padgett of the 23rd, Kidd of the 25th, Foster of the 21st, McGill of the 24th and others:
A bill providing for the issuance of automobile license tags to disabled veterans to provide for the issuance of license tags to certain other disabled veterans; and for other purposes.
Referred to Committee on Defense and Veterans Affairs.

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SB 120. By Senator Jonhson of the 38th:
A bill providing that it shall be unlawful to sell certain automobiles unless they shall be equipped with safety belts, as amended, to provide that it shall be unlawful to sell passenger automobiles, station wagons and certain trucks after January 1, 1967, unless the seats therein are equipped with safety belts; and for other purposes.
Referred to Committee on Industry and Labor.

SB 121. By Senator Johnson of the 38th:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", to provide that on all 1967 and later model passenger automobiles, stations wagons and certain trucks, safety belts on all seats thereof shall be required in order to pass inspection and for an official certificate of inspection and approval to be issued thereon; and for other purposes.
Referred to Committee on Industry and Labor.

SB 122. By Senators Wesberry of the 37th, Johnson of the 38th, Ward of the 39th, Maclntyre of the 40th and Sanders of the 41st:
A bill relating to the indictment of county officials for malfeasance, and to amend an Act reorganizing the State Law Department to strike there from the reference to Code Section 89-9908; and for other purposes.
Referred to Committee on Rules.

SR 38. By Senators Webb of the llth and Jackson of the 16th:
A resolution proposing an amendment to the Constitution so as to authorize the establishment of area school systems and area schools, including such special schools as vocational trade schools, schools for exceptional children, and schools for adult education, by county and independent boards of education; and for other purposes.
Referred to Committee on Educational Matters.

SR 39. By Senator Fincher of the 51st:
A resolution proposing an amendment to the Constitution so as to change the provisions relating to elections for the members of the Cherokee County Board of Education and to change the provisions relating to the filling vacancies on the Cherokee County Board of Education; and for other purposes.
Referred to Committee on County and Municipal Governments.

SR 40. By Senator Johnson of the 38th:
A resolution creating a committee to study the Motor Vehicle Inspec tion Law; and for other purposes.
Referred to Committee on Rules.

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189

SR 41. By Senators Wesberry of the 37th, Johnson of the 38th, Ward of the 39th and Salome of the 36th:
A resolution creating an interim committee to study the problems asso ciated with mental health, mental retardation, and all matters relating thereto and the facilities associated therewith in Fulton County; and for other purposes.
Referred to Committee on Rules.

HB 14. By Mr. Westlake of the 119th:
A bill to amend an act relating to the examination of applicants for certain licenses issued by the Insurance Commissioner, so as to allow certain applicants who have completed certain examinations to receive such licenses without the necessity of taking certain written examina tions; and for other purposes.
Referred to Committee on Banking and Finance.

HB 15. By Mr. Westlake of the 119th:
A bill to amend an act relating to the examination of certain applicants for licenses issued by the Insurance Commissioner so as to exempt applicants for certain of such licenses who have successfully completed certain of the examinations given by the Society of Chartered Property and Casualty Underwriters; and for other purposes.
Referred to Committee on Banking and Finance.

HB 25. By Mr. Pickard of the 112th:
A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", so as to change the provisions relating to the cost for blood alcohol tests to determine whether or not a person was operating a motor vehicle while under the influence of intoxicating liquor; and for other purposes.
Referred to Committee on Rules.

HB 48. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend an act authorizing the State Personnel Board to provide a Health Insurance Plan for State employees, so as to remove the pro vision excluding coverage of certain dental care; and for other purposes.
Referred to Committee on Rules.

HB 76. By Messrs. Harris of the 118th, Smith of the 90th, Busbee of the 79th and Hale of the 1st:
A bill to amend an act providing for grants to certain incorporated municipalities of this State for the purpose of aiding in the construe-

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tion and maintenance of streets, so as to provide for the submission of an annual audit from each such municipality to the State Auditor; and for other purposes.
Referred to Committee on Rules.

HB 77. By Messrs. Harris of the 118th, Smith of the 90th, Busbee of the 79th and Hale of the 1st:
A bill to amend Code section 92-1404, relating to the distribution of funds to counties for the construction and maintenance of public roads, so as to provide for the submission of an annual audit from each county to the State Auditor; and for other purposes.
Referred to Committee on Rules.

HB 83. By Mr. Alexander of the 133rd:
A bill to provide that certain persons accused of crimes, with their con sent, be put on probation after the finding out before an adjudication of their guilt; and for other purposes.
Referred to Committee on Judiciary.

HB 140. By Mr. Murphy of the 26th:
A bill to amend saction 105-2012 of the Code of Georgia of 1933, which section provides for the right of contribution among several trespassers, so as to provide for the ris?ht of contribution where the several tres passers are not jointly sued; and for other purposes.
Referred to Committee on Judiciary.
HR 28. By Mr. Carley of the 117th:
A resolution proposing an amendment to Article VI, Section XI, Para graph I of the Constitution of Georgia, relating to the office and elec tion of solicitors general, so as to provide that each solicitor general shall be elected only by the electors of the circuit for which such solicitor general shall serve; and for other purposes.
Referred to Committee on Judiciary.
HR 29. By Mr. Carley of the 117th:
A resolution proposing an amendment to Article VI, Section III, Para graph II of the Constitution of Georgia, relating to the office and elec tion of superior court judges, so as to provide that each superior court judge shall be elected only by the electors of the cricuit for which such superior court judge shall serve; and for other purposes.
Referred to Committee on Judiciary.

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191

The following bills and resolutions were read the second time:

SB 99. By Senator Hill of the 29th:
A bill incorporating the town of Greenville, in the County of Meriwether, so as to change the corporate limits of said city; and for other purposes.

SB 100. By Senators Fincher of the 51st, Moore of the 31st and Fincher of the 54th:
A bill relating to the filling of vacancies on the Georgia State Board of Pharmacy to provide that the Georgia Pharmaceutical Association shall annually elect or nominate three practicing registered pharmacists to fill vacancies; and for other purposes.

SB 101. By Senator Salome of the 36th:
A bill to amend the Georgia Insurance Code, relating to non-profit medical service corporations so as to clarify certain definitions therein; and for other purposes.

SB 102. By Senator Johnson of the 42nd:
A bill relating to the incorporation and organization of trust companies to change the amount of paid-in capital stock required for incorporattion and organization of a trust company; and for other purposes.

SB 103. By Senators Foster of the 21st, Padgett of the 23rd, Eldridge of the 7th, Young of the 13th and others:
A bill to amend the "Minimum Foundation Program of Education Act", so as to provide a method whereby a certain percentage of the electors of any school system of this State, fulfilling its financial obligations under the provisions of this Act, may call an election to determine if said school system is bound by regulations promulgated by Board of Education; and for other purposes.

SB 104. By Senators Plunkett of the 30th and Downing of the 1st:
A bill to amend an Act known as the "Unemployment Compensation Law" by modifying the benefit tables to provide increased weekly benefit amounts and the qualifications and eligibility for benefits; by providing for the availability of trainees; by correcting references in disqualification provisions; by providing for the disqualification of trainees who quit training; and for other purposes.

SB 105. By Senators Minish of the 48th and Sanders of the 41st:
A bill to amend an act creating the Georgia State Scholarship Com mission to provide dental health services in areas of Georgia; to provide the method and manner of awarding said scholarships to qualified students; and for other purposes.

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SB 106. By Senator Kidd of the 25th:
A bill to provide compensation to employees of institutions, agencies, or departments of State who contract tuberculosis while in the employ of such institution, agency, or department; to provide minimum and maximum payments and duration of same; and for other purposes.

SB 107. By Senator Kidd of the 25th: A bill to amend an Act creating a Department of Public Safety for
Georgia to provide that if drivers' licenses of citizens of this State expire while they are beyond the continental limits of the United States of America, the renewal of said license shall be extended until 30 days after such citizen reenters the continental limits of the United States of America; and for other purposes.

SB 108. By Senators Downing of the 1st, Dean of the 6th, Kidd of the 25th, Padgett of the 23rd, Johnson of the 38th, Ward of the 39th, Minish of the 48th and Thompson of the 34th:
A bill relating to workmen's compensation; and for other purposes.

SB 109. By Senators Rowan of the 8th and Carter of the 14th:
A bill to amend an act known as the "Minimum Foundation Program of Education Act" to change the minimum sum in determining the funds needed by local units of administration for the maintenance, operation, and sick leave expenses not otherwise provided in said act; and for other purposes.

SB 110. By Senator Smith of the 18th: A bill to amend an act creating a Board of County Commissioners for the County of Houston to provide that Houston County Commissioners Posts Numbered Four and Five shall be separate and distinct from each other, and subject to the identical voting requirements heretofore established for Houston County Commissioners Posts Numbered 1, 2, and 3; and for other purposes.
SB 111. By Senator Smith of the 18th: A bill to amend an Act creating a new charter for the City of Perry to increase the maximum compensation authorized for councilmen; and for other purposes.
SB 112. By Senator Broun of the 46th: A bill to provide that it shall be unlawful for any person, firm or corporation to operate a motor vehicle which is engaged in transporting

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193

and lose earthen materials for a distance in excess of three miles upon any public roads in this state, unless said vehicle is equipped with appropriate devices so that such materials will not spill; and for other purposes.

SB 113. By Senator Thompson of the 34th:
A bill relating to the judge of the superior court emeritus to provide that a judge may request any judge emeritus of any judicial circuit to serve and preside in the judicial circuit of the judge making such request; and for other purposes.

HB 96. By Messrs. Busbee of the 79th, Smith of the 90th, Hale of the 1st and Harris of the 118th:
A bill to amend an act relating to items not deductible for income tax purposes, so as to provide that any property used as gambling devices or for violating the gambling laws of this State shall not be allowed to be depreciated in computing business deductions; and for other purposes.

HB 150. By Mr. Lovell of the 6th: A bill to amend an act to provide for compensation of the ordinary of Rabun County, so as to change the compensation of the ordinary of Rabun County; and for other purposes.
HB 151. By Messrs. Vaughan and Harris of the 14th: A bill to create and establish a joint Airport Authority for the City of Cartersville and the County of Bartow; and for other purposes.
HB 152. By Messrs. Harris and Vaughan of the 14th: A bill to amend an act incorporating the City of Adairsville, so as to extend and redefine the corporate limits of the city; and for other purposes.
HB 153. By Messrs. Harris and Vaughan of the 14th: A bill to amend an act incorporating the City of Adairsville, so as to provide that compensation paid to the members of the mayor and coun cil shall be submitted to a referendum; and for other purposes.
HB 158. By Mr. Harrison of the 98th: A bill to amend an act revising, consolidating and superseding the laws of this State relative to game and fish, so as to prohibit any fish-

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ing for shrimp, crab or fish in any waters of St. Andrews Sound and Cumberland Sound with power drawn nets during certain periods of the year; and for other purposes.

HB 159. By Mr. Harrison of the 98th:
A bill to amend an act creating a new city charter and municipal gov ernment for the City of St. Marys, so as to authorize the governing authority to execute deeds to secure debt and security deed notes en cumbering city-owned real property as security for money loaned to the city; and for other purposes.

HB 160. By Mr. Harrison of the 98th:
A bill to amend an act creating and establishing a new charter for the City of Folkston in the County of Charlton, so as to provide for council posts; and for other purposes.

HB 163. By Messrs. Parrish of the 96th and Pafford of the 97th:
A bill abolishing the fee system existing in the superior courts of the Alapaha Judicial Circuit, so as to change the compensation paid to the solicitor general; and for other purposes.

HB 181. By Mr. Crowe of the 80th:
A bill to abolish the present method of compensating the sheriff of Worth County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 182. By Mr. Hadaway of the 46th:
A bill to abolish the present mode of compensating the sheriff of Jasper County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 183. By Mr. Murphy of the 26th:
A bill to abolish the present mode of compensating the sheriff and ordinary of Haralson County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 184. By Messrs. Newton and Lewis of the 50th:
A bill to abolish the present mode of compensating the sheriff of Jenkins County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

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195

HB 185. By Mr. Brackin of the 87th:
A bill creating a small claims court in each county in this State having a certain population; and for other purposes.

HB 186. By Mr. Brackin of the 87th:
A bill to fix, allow and provide for the compensation of the sheriff of Miller County; and for other purposes.

HB 189. By Messrs. Gaynor and Smith of the 114th, Tye of the 115th, Gignilliat and Powers of the 113th and others:
A bill to increase the official bond of the sheriff of Chatham County; and for other purposes.

HB 190. By Messrs. Gaynor and Smith of the 114th, Richardson of the 116th, Gignilliat and Powers of the 113th, Tye of the 115th and others:
A bill to increase the official bond of the clerk of the superior court of Chatham County; and for other purposes.

HB 191. By Mr. Parrish of the 96th:
A bill to abolish the present mode of compensating the sheriff of Cook County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 194. By Messrs. Richardson of the 116th, Tye of the 115th, Gaynor of the 114th, Gignilliat and Powers of the 113th and others:
A bill to amend Code section 92-6402 of the Code of Georgia of 1933, relating to the payment of taxes to the county in which returns are made; and for other purposes.

HB 195. By Mr. NeSmith of the 43rd:
A bill to amend an act placing the compensation of the sheriff, the clerk of the superior court, the ordinary and the coroner of Meriwether County on a salary basis in lieu of a fee basis; and for other purposes.

HB 196. By Mr. NeSmith of the 43rd:
A bill to amend an act abolishing the office of treasurer of Meriwether County and providing for depositories for the deposit of county funds; and for other purposes.

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HR 9. By Mr. Jones of the 109th:
A resolution releasing certain property belonging to Ernest Geone, Jr., from all fi fas; and for other purposes.

HR 20. By Messrs. Clarke of the 45th, Nesmith of the 43rd, Blalock of the 33rd, Tucker of the 36th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to create public corporations with the power to issue revenue obligations to develop industrial facilities; and for other purposes.

HR 57. By Messrs. Bubee of the 79th, Smith of the 90th, Hale of the 1st and Harris of the 118th:
A resolution ratifying a proposed amendment to the Constitution of the United States relating to succession to the presidency and vice-presi dency; and for other purposes.

HR 62. By Mr. Dean of the 20th:
A resolution amending a resolution, authorizing the conveyance of cer tain real property, owned by the State Highway Department, and lo cated in East Point, Georgia, so as to provide that the proceeds there from shall be paid to the treasurer of the State Highway Department; and for other purposes.

HR 80. By Mr. Irwin of the llth:
A resolution proposing an amendment to the Constitution so as to au thorize the County Board of Education of Habersham County to bor row funds and pledge certain building funds to the payment thereof; and for other purposes.

HR 85. By Mr. Dickinson of the 27th:
A resolution proposing an amendment to the Constitution, so as to create an industrial development authority for the City of Douglasville and Douglas County; and for other purposes.

HR 88. By Mr. Harrison of the 98th:
A resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Camden County to bind said county by contract with any corporation, partnership or individual, so as to provide a stabilized property tax program for said county; and for other purposes.

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197

HR 89. By Mr. Harrison of the 98th:
A resolution proposing an amendment to the Constitution so as to create the Camden County Development Authority; and for other purposes.

HR 90. By Mr. Harrison of the 98th:
A resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Charlton County to bind said coun ty by contract with any corporation, partnership or individual, so as to provide a stabilized property tax program for said county; and for other purposes.

HR 91. By Mr. Harrison of the 98th:
A resolution proposing an amendment to the Constitution so as to au thorize the governing authority of the City of Folkston to bind said city by contract with any corporation, partnership or individual so as to provide stabilized property tax program for said city; and for other purposes.

HR 115. By Mr. Crowe of the 80th:
A resolution proposing an amendment to the Constitution so as to create the Worth County Industrial Development Authority; and for other purposes.

HR 117. By Messrs. Wilson of the 102nd, Jordan of the 103rd, McDaniell and Howard of the 101st:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a Zoning and Planning Commission for the unincorporated and/or incorporated areas of Cobb County and for various codes in connection therewith; and for other purposes.

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 80. Do Pass by substitute. SB 90. Do Pass.

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SB 100. Do Pass. SB 21. Do Pass. SB 92. Do Pass.

Respectfully submitted, Fincher of 51st 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 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 55. Do Pass. Respectfully submitted, Loggins of the 53rd district, Chairman.

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

HB 12. By Messrs. Lambros of the 130th, Levitas of the 118th, McClatchey of the 138th and others: A bill to amend an act establishing a new charter for the City of At lanta, relating to the office of the president of the Board of Aldermen; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 100. By Mr. Lea of the 126th: A bill to amend an act to incorporate the City of Hapeville, so as to eliminate the benefits to a surviving spouse; and for other purposes.

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199

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

On the passage of the bill, the ayes were 36, nays 0.

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

HB 71. By Mr. Rush of the 75th:
A bill to abolish the present mode of compensating the sheriff of Tattnall County, known as the fee system; and for other purposes.

The Committee on County and Municipal Governments offered the following amendment:

Amend HB 71 by deleting the words "and said salary shall be his sole com pensation for his services rendered in any capacity" and by placing a period after the word "Reidsville" in line 4 of Section 2.

By striking the figure "8" and inserting in lieu thereof the figure "10" in line 4 of Section 6.

On the adoption of the amendment, the ayes were 40, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed sa amended.
The following general bills and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage:
SB 11. 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

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provide for additional members; to provide for the appointment of such members; and for other purposes.

Senator Webb of the llth offered the following substitute:

A BILL
TO BE ENTITLED
An Act to amend an Act creating the Georgia Educational Im provement Council, approved March 8, 1964 (Ga. Laws 1964, p. 711), so as to provide for additional members; to provide for the appoint ment of such members; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act creating the Georgia Educational Improvement Council, approved March 8, 1964 (Ga. Laws 1964, p. 711), is hereby amended by striking from Section 1 the following:
"twelve (12)",
and inserting in lieu thereof the following:
"sixteen (16)",
and by adding at the end of Section 1 the following:
"In addition to the twelve (12) members provided for herein before, there shall also be two (2) Senators and two (2) Represen tatives on the Council. The two (2) Senators shall be appointed by the President of the Senate and the two (2) Representatives shall be appointed by the Speaker of the House of Representatives. The first appointments of such four (4) members shall be made prior to May 1, 1966, and such members shall take office on that date. Such members shall serve for the term of office for which they were elected as members of the General Assembly, and any vacancy occurring during such term shall be filled by appointment of the President in the case of Senators and by appointment of the Speaker in the case of Representatives. Any such member shall be eligible for reappointment in the event he continues to be a member of the General Assembly. Successors to such initial members and all future successors shall serve for the term for which they were elected to membership in the General Assembly.",
so that when so amended Section 1 shall read as follows:

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201

"Section 1. To assure continued Statewide interest in a moti vational force for the continued improvement of educational op portunities in Georgia, there is hereby created the Georgia Educa tional Improvement Council which shall be composed of sixteen (16) members, two (2) of whom shall not have voting rights. The mem bers are as follows: The chairman of the State Board of Education, the Chairman of the State Board of Regents, the Chairman of the Education Committee of the House of Representatives, the Chair man of the Educational Matters Committee of the Senate, the State Superintendent of Schools, the Chancellor of the University System of Georgia, and six influential and respected citizens from the State at large who have demonstrated knowledge of and interest in the educational opportunities of and the long-range educational problems confronting the State of Georgia and its citizens, to be appointed by the Governor for a four year term, except that initial ly two persons shall be appointed for one (1) year terms, two per sons for two (2) year terms, one person for a three (3) year term, and one person for a four (4) year term, each of said initial terms to date from July 1, 1964. Council members appointed from the public at large shall hold office for the term of their appointment and until their successors are appointed and qualify, and shall be eligible for reapportionment. The State Superintendent of Schools and the Chancellor of the University System of Georgia shall have no voting rights. In addition to the twelve (12) members provided for hereinbefore, there shall also be two (2) Senators and two (2) Representatives on the Council. The two (2) Senators shall be appointed by the President of the Senate and the two (2) Repre sentatives shall be appointed by the Speaker of the House of Representatives. The first appointments of such four (4) members shall be made prior to May 1, 1966, and such members shall take office on that date. Such members shall serve for the term of office for which they were elected as members of the General As sembly, and any vacancy occurring during such term shall be filled by appointment of the President in the case of Senators and by appointment of the Speaker in the case of Representatives. Any such member shall be eligible for reappointment in the event he continues to be a member of the General Assembly. Successors to such initial members and all future successors shall serve for the term for which they were elected to membership in the General Assembly."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 37, nays 2, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, the ayes were 40, nays 2.

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

SB 80. By Senator Pincher of the 51st:
A bill to amend an act relating to the dispensing of certain dangerous drugs, approved March 16, 1939 (Ga. Laws 1939, p. 288), as amended, so as to provide that it shall be unlawful for any person to obtain a dangerous drug or procure or attempt to procure the administration of such a drug under certain circumstances; and for other purposes.

The Committee on Health and Welfare offered the following substitute:

A BILL
TO BE ENTITLED
An Act to amend an Act entitled "An Act to regulate the sale, possession, prescribing and dispensing of certain dangerous drugs, pro viding certain exemptions, providing for enforcement and penalties for violation thereof", approved March 16, 1939 (Ga. Laws 1939, p. 288), as amended by an Act approved March 28, 1947 (Ga. Laws 1947, p. 1463), so as to provide that it shall be unlawful for any person, firm, corporation or association to sell, give away, barter, exchange, distribute or possess in the State of Georgia any drug, medicine or preparation bearing upon the label thereof the legend "Federal law prohibits dis pensing without a prescription"; to provide that it shall be unlawful for any person to obtain or attempt to obtain any drug, medicine or preparation bearing upon the label thereof the legend "Federal law prohibits dispensing without a prescription"; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act entitled "An Act to regulate the sale, possession, prescribing and dispensing of certain dangerous drugs, providing certain exemptions, providing for enforcement and penalties for violation there of", approved March 16, 1939 (Ga. Laws 1939, p. 288), as amended by an Act approved March 28, 1947 (Ga. Laws 1947, p. 1463), is hereby amended by adding in Section 1 immediately before the phrase "or such other drugs which are now or hereafter declared dangerous by the Federal Food and Drug Administration," the following:
"or any drug, medicine or preparation bearing upon the label thereof the legend 'Federal law prohibits dispensing without a prescription' or words to that effect",
so that when so amended Section 1 shall read as follows:

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"Section 1. It shall be unlawful for any person, firm, corpora tion or association to sell, give away, barter, exchange, distribute or possess in the State of Georgia amytal, luminal, veronal, barital, acid diethyl barbituric, sulfanilimide, prontylin, neoprontosil, phenobarbital, sulfapyridine, sulfathiazol, pyramidon, aminopyrine, atophan, chloral, paraldehyde; abortifacient drugs such as ergot, cot ton root, pennyroyal, savin, apiol, cantharides; amphetamine (Ben zedrine) or any other preparation containing amphetamine (Ben zedrine) or compound thereof, except that amphetamine (Benze drine) in inhalers may be sold without prescription provided the amphetamine (Benzedrine) therein has been denatured so as to make it unfit for internal use; hormones synthetic or natural; antifat preparations to include thyroid, thyroxin; or any drug, medi cine or preparation bearing upon the label thereof the legend 'Federal law prohibits dispensing without a prescription' or words to that effect, or such other drugs which are now or hereafter declared dangerous by the Federal Food and Drug Administration, and which are, in the discretion of the Georgia State Board of Pharmacy, classified as 'Dangerous Drugs' within the meaning of this Act; or any salts, derivatives or compound of the foregoing substances, or any preparation or compound containing any of the foregoing substances, in quantities dangerous when takan according to directions, or their salts, derivatives or compounds; except on a prescription of a duly licensed physician as defined by this Act and such prescription shall be compounded only by a registered pharmacist in accordance with the laws of this State. No such prescription shall be refilled except upon the authorization of the physician who prescribed it. The provisions of this Act shall not apply to the sale at wholesale by recognized drug jobbers or whole salers and drug manufacturers to pharmacists or drug stores or to physicians qualified to practice their profession according to the law, nor to the sale by pharmacists in drug stores to one another. The provisions of this Act shall apply to the sale by any manufact urer, wholesaler, or retailer, to any person, firm, or corporation other than those legally qualified and authorized to purchase and hold the same for resale in this state."

Section 2. Said Act is further amended by adding between Sections 1 and 2 a new Section to be numbered Section 1A to read as follows:

"Section 1A. No person shall obtain or attempt to obtain any drug bearing the caution 'Federal law prohibits the dispensing without a prescription", or words to that effect, or attempt to pro cure the administration of any such drug by:

(a) Fraud, deceit, misrepresentation or subterfuge;

(b) the forgery or alteration of a prescription or of any written order;

(c) the concealment of a material fact; or

(d) the use of a false name or the giving of a false address."

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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 30, nays 0, and the substi tute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 34. By Senators Ballew of the 50th, Kilpatrick of the 44th, Carter of the 14th, Padgett of the 23rd, Foster of the 21st, and many others: A bill to amend Code chapter 56-32 of the Code of Georgia of 1933, re lating to property insurance, so as to provide for the inspection of property insured against fire; to provide for the measure of damages in the event the company fails to inspect the property; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Senator Ballew of the 50th 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 Bateman Carter Dean Downing Edenfield Eldridge Fincher of 54th Flowers Foster Gillis

Gregory Kendrick Kidd
Kilpatrick Loggins Miller Minish Moore Noble Rowan Sanders

Searcey Smalley Smith Spinks Tribble Ward Webb Wesberry Yancey Young

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205

Those voting in the negative were Senators:

Adams Coggin Gayner Hall Hill

Holloway Johnson of 42nd Lee Maclntyre McKenzie

Owens Plunkett Thompson

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

On the passage of the bill, the ayes were 32, nays 13.

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

Senator Gayner of the 5th gave notice that at the proper time he would move that the Senate reconsider its action on SB 34.

SB 55. By Senator Downing of the 1st: A bill to require the identification of the registry of all ships, for the protection of the public; to require such information be contained in all promotional material; and for other purposes.

The report 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 Hill of the 29th, Chairman of the Committee on Senate Administra tive 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 6.

206
SB 43. SB 51. SE 9.

JOURNAL OF THE SENATE,
Respectfully submitted, Hill of the 29th district, Chairman.

Senator Dean of the 6th asked unanimous consent that the following bill of the Senate be recommitted to the Committee on Health and Welfare:

SB 92. By Senators Dean of the 6th, Searcey of the 2nd and Hall of the 52nd:
A bill to authorize, direct and empower the standards that should be required of Day Care Centers operated and maintained to furnish a training program and to care for the mentally retarded; and for other purposes.

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.

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207

Senate Chamber, Atlanta, Georgia Friday, January 28, 1966.

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 Norris Wilkerson, pastor, Fellowship Baptist Church, Smyrna, Georgia.

Prayer was offered by the Reverend Hubert Flanagan, pastor, First Metho dist Church, Winder, 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 read 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.

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The following message was received from the House through Mr. Ellard the Clerk thereof:

Mr. President:

The House has passed hy the requisite constitutional majority the following bills and resolutions of the House to-wit:

HB 52. By Mr. Richardson of the 116th:
A bill to amend an act entitled "Georgia Water Quality Control Act", so as to authorize the State to make grants to assist in construction of water pollution control projects with or without federal aid and assistance; and for other purposes.

HB 60. By Messrs. Watkins of the 9th, Savage of the 58th and Holder of the 70th:
A bill to authorize sterilization of certain individuals by doctors of medicine; and for other purposes.

HB 122. By Messrs. Brinkley and Jones of the 112th:
A bill to amend an act providing that no judgment, decree, or order of any court shall affect the title to real property until said judgment, decree, or order is recorded, so as to provide that the provisions of this Act shall also apply to writs handed down pursuant to any such judg ment; and for other purposes.

HB 132. By Messrs. Longino of the 122nd, Gates of the 123rd, Sims of the 131st, Carnes of the 129th and others:
A bill to provide a new charter for the City of Palmetto in Fulton and Coweta Counties; and for other purposes.

HB 141. By Mr. Harris of the 118th:
A bill to amend an act creating the Claims Advisory Board, so as to clarify the prohibition against a member of the Claims Advisory Board or any member of the General Assembly, or any State official or em ployee receiving any fee, money, gift or any other thing of value in con nection with any claim; and for other purposes.

HB 188. By Mr. Underwood of the 61st:
A bill to amend an act establishing a new charter for the town of Higgston, so as to change the corporate limits; and for other purposes.

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209

HB 192. By Messrs. Conner of the 91st, Pafford of the 97th and Thomas of the 77th:
A bill to amend an act relating to motor vehicle licenses, so as to pro vide for a new classification for trucks transporting forest products; and for other purposes.

HB 200. By Messrs. Hale, Abney and Snow of the 1st, Harris of the 85th, Howard of the 101st, Lee of the 79th and others:
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; to provide for certain exceptions and exemptions from the educational requirements; and for other purposes.

HB 210. By Mr. Leonard of the 3rd:
A bill to abolish the present mode of compensating the clerk of the superior court, the sheriff, the ordinary and the tax commissioner of Murray County, known as the fee system; to provide in lieu thereof an nual salaries for such officers; and for other purposes.

HB 227. By Mr. Pafford of the 97th:
A bill to repeal an Act establishing the County Court of Atkinson County, so as to provide for a referendum; and for other purposes.

HB 228. By Mr. Pafford of the 97th: A bill to abolish the present mode of compensating the sheriff of At kinson County, known as the fee system; and for other purposes.
HB 230. By Mr. Byrd of the 28th: A bill to amend an act relating to incorporating the City of Monroe in Walton County and define its limits, so as to provide that the mayor and council shall be elected by a majority vote; and for other purposes.
HB 235. By Mr. Dorminy of the 72nd: A bill to provide that the Clerk of the Superior Court of Ben Hill Coun ty shall be placed on a salary basis in lieu of a fee basis; and for other purposes.
HB 238. By Mr. Black of the 56th: A bill to abolish the present method of compensating the sheriff of Stewart County, known as the fee system; and for other purposes.

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HB 249. By Mr. Brown of the 19th:
A bill to amend an act creating the office of Commissioner of Roads and Bridges and a Board of Finance for Hart County, so as to remove the provision limiting the cost of the preparation and publication of an itemized list of expenditures of Hart County in the official organ of said county; and for other purposes.

HB 250. By Mr. Brown of the 19th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court and the Ordinary of Hart County, known as the fee system; and for other purposes.

HB 256. By Messrs. Bryant of the 108th, Jones, Knapp, Stewart and Wilson of the 109th: A bill to amend an act reenacting the charter of the City of Macon, so as to provide the method and procedure for the condemnation of proper ty for the widening and changing of streets and the opening of new streets and alleys shall be any method and procedure now or hereafter authorized by the laws of Georgia; and for other purposes.
HR 30. By Mr. Gaissert of the 34th: A resolution to relieve Otis David Hatchett as surety on an appearance bond and to cancel a fi. fa. issued against him; and for other purposes.
HR 31. By Messrs. Gaissert and Melton of the 34th: A resolution to relieve A. J. Martin as surety on an appearance bond and to cancel a fi. fa. issued against him; and for other purposes.
HB 41. By Messrs. Matthews of the 29th, Rowland of the 48th, Elliott of the 107th, Houston of the 84th and Brinkley of the 112th: A bill to amend an act creating the State Board of Workmen's Com pensation, so as to change the compensation of the Chairman and the other two members of the board; and for other purposes.
HB 53. By Mr. Richardson of the 116th: 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 106. By Mr. Egan of the 141st: A bill to amend Code Section 113-602, relating to the probate of a will in solemn form, as amended, so as to provide that the probate of a will

FRIDAY, JANUARY 28, 1966

211

in solemn form shall be conclusive as to heirs at law not effectively notified; and for other purposes.

HB 127. By Mr. Dean of the 20th:
A bill creating the offices of the State Highway Board, so as to au thorize payment of subsistence in an amount not to exceed $1.25 per day in addition to other compensation to certain employees of the State Highway Department assigned to residences where such subsistence allowance is necessary to assist in staffing areas where there is a shortage of competent personnel, in order to minimize the possibility of losing Federal funds; and for other purposes.

HB 155. By Messrs. Minge, Starnes and Lowrey of the 13th, Steis of the 100th, Jones and Brinkley of the 112th and Walling of the 118th:
A bill to amend an act which authorized the acceptance and payment of cash bonds from persons charged with violation of traffic, game, fish or boating laws, so as to include within the purview of said Act violation of public drunkenness laws; and for other purposes.

HB 209. By Messrs. Wells of the 30th, Blalock of the 33rd, Parker of the 55th, Smith of the 44th, Colwell of the 5th and many others:
A bill to amend an act known as the "Minimum Foundation Program of Education Act", so as to change the minimum salaries established by the State Board of Education of drivers of certain school buses; and for other purposes.

The following bills and resolutions were introduced, read the first time, and referred to committees:
SB 123. By Senators Kendrick of the 32nd and Searcey of the 2nd: A bill relating to the requirement that the curriculum of all public schools contain instruction in the promotion and encouragement of the conservation and protection of birds, animals, fish and any other forms of useful wildlife and the forests; and for other purposes.
Referred to Committee on Educational Matters.
SB 124. By Senator Johnson of the 42nd: A bill to amend an Act requiring banks and other entites doing a trust business to secure uninvested trust funds so as to provide that such uninvested trust funds may be secured by additional obligations; and for other purposes.
Referred to Committee on Banking and Finance.

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SB 125. By Senator Holley of the 22nd:
A bill defining "Reciprocal" insurance so as to provide that reciprocal agreements or contracts of indemnity executed creating funds for the purpose of satisfying the obligations of self-insured employers under the Workmen's Compensation Act of Georgia shall not be deemed "re ciprocal insurance"; and for other purposes.
Referred to Committee on Judiciary.

SB 126. By Senator Kilpatrick of the 44th:
A bill relating to the compensation of jurors and court bailiffs to change the maximum amount allowable for court bailiffs; and for other purposes.
Referred to Committee on Judiciary.

SB 127. By Senators Yancey of the 33rd, Kilpatrick of the 44th and Edenfield of the 4th:
A bill to provide that the judge or judges of every court of this State having jurisdiction of the violation of traffic laws or traffic ordinances, which violations occur outside corporate limits of municipalities, may provide by written order for the establishment of a Traffic Violations Bureau; and for other purposes.
Referred to Committee on Judiciary.

SB 128. By Senator Hall of the 52nd:
A bill to amend an Act relating to the judges of the superior courts to provide that any judge may request any judge emeritus to serve and preside in the superior court of any county in the judicial circuit of the judge making said request; and for other purposes.
Referred to Committee on Judiciary.

SB 129. By Senator Loggins of the 53rd:
A bill to amend an Act which comprehensively and exhaustively re vised, superseded and modernized appellate and other post-trial pro cedure in civil and criminal cases so as to provide that a party may contest the truth of the pauper's affidavit filed by the party taking an appeal; and for other purposes.
Referred to Committee on Judiciary.

SB 130. By Senators Johnson of the 38th, Wesberry of the 37th, Ward of the 39th, Thompson of the 34th, Coggin of the 35th, Maclntyre of the 40th and Salome of the 36th:
A bill relating to the compilation of tax returns and the preparation of tax digests by the tax receivers so as to delete therefrom the re-

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213

quirement that the names of colored taxpayers be compiled separately on the tax digest and that a report be submitted to the State Revenue Commissioner of the amount of taxes returned by colored taxpayers; and for other purposes.
Referred to Committee on Judiciary.

SB 131. By Senator Ward of the 39th:
A bill relating to the action of bail trover to recover personalty so as to remove therefrom the procedure relative to the confinement of the defendant in the event security is not given by the defendant or the property is produced; and for other purposes.
Referred to the Committee on Judiciary.

SB 132. By Senators Wesberry of the 37th, Johnson of the 38th, Ward of the 39th, Coggin of the 35th, Thompson of the 34th and others:
A bill to amend an Act creating the State Highway Board so as to provide for filling vacancies on the State Highway Board; and for other purposes.
Referred to Committee on Highways.

SB 133. By Senators Webb of the llth and Jackson of the 16th:
A bill to amend an Act establishing a merit system of personnel ad ministration for state employees so as to authorize the State Highway Department to extend merit system coverage to employees in the State Highway Department not presently covered under said system; and for other purposes.
Referred to Committee on Highways.

SR 45. By Senators Maclntyre of the 40th, Wesberry of the 37th, Johnson of the 38th, Ward of the 39th, Salome of the 36th and others:
A resolution urging the Governor, the Attorney General and the Sec retary of State to authorize the qualified voters of the City of Atlanta and the qualified voters of any other directly affected political sub division to vote on a proposed amendment to the Constitution which prohibits the incorporation of any territory within the limits of Cobb County by any municipality without the approval of the voters of Cobb County; and for other purposes.
Referred to Committee on Rules.

HB 41. By Messrs. Matthews of the 29th, Rowland of the 48th, Elliott of the 107th, Houston of the 84th and Brinkley of the 112th:
A bill to amend an act creating the State Board of Workmen's Com pensation to change the compensation of the chairman and the other two members of the board; and for other purposes.
Referred to Committee on Rules.

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HB 52. By Mr. Richardson of the 116th:
A bill to amend an act entitled "Georgia Water Quality Control Act", so as to authorize the State to make grants to assist in construction of water pollution control projects with or without federal aid and as sistance; and for other purposes.
Referred to Committee on Health and Welfare.

HB 53. By Mr. Richardson of the 116th:
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 Judiciary.

HB 60. By Messrs. Watkins of the 9th, Savage of the 58th and Holder of the 70th:
A bill to authorize sterilization of certain individuals by doctors of medicine; and for other purposes:
Referred to Committee on Health and Welfare.

HB 106. By Mr. Egan of the 141st:
A bill to amend Code section 113-602, relating to the probate of a will in solemn form, as amended, so as to provide that the probate of a will in solemn form shall be conclusive as to heirs at law not effectively notified; and for other purposes.
Referred to Committee on Judiciary.

HB 122. By Messrs. Brinkley and Jones of the 112th:
A bill to amend an act providing that no judgment, decree, or order of any court shall affect the title to real property until said judgment, decree, or order is recorded, so as to provide that the provisions of this act shall also apply to writ of fieri facias handed down pursuant to any such judgment; and for other purposes.
Referred to Committee on Judiciary.

HB 127. By Mr. Dean of the 20th:
A bill creating the offices of the State Highway Board, so as to au thorize payment of subsistence in an amount not to exceed $1.25 per day in addition to other compensation to certain employees of the State Highway Department; and for other purposes.
Referred to Committee on Highways.

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215

HB 132. By Messrs. Longino of the 122nd, Gates of the 123rd, Sims of the 131st, Carnes of the 129th and others:
A bill to provide a new charter for the City of Palmetto in Fulton and Coweta Counties; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 141. By Mr. Harris of the 118th:
A bill to amend an act creating the Claims Advisory Board, so as to clarify the prohibition against a member of the Claims Advisory Board or any member of the General Assembly, or any State official or em ployee receiving any fee, money, gift, or any other thing of value in connection with any claim; and for other purposes.
Referred to Committee on Rules.

HB 155. By Messrs. Minge, Starnes and Lowrey of the 13th, Steis of the 100th, Jones and Brinkley of the 112th and Walling of the 118th:
A bill to amend an act which authorized the acceptance and payment of cash bonds from persons charged with violation of traffic, game, fish or boating laws, so as to include within the purview of this act violation of public drunkenness laws; and for other purposes.
Referred to Committee on Judiciary.

HB 188. By Mr. Underwood of the 61st:
A bill to amend an act establishing a new charter for the town of Higgston, so as to change the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 192. By Messrs. Conner of the 91st, Pafford of the 97th and Thomas of the 77th:
A bill to amend an act relating to motor vehicle licenses, so as to pro vide for a new classification for trucks transporting forest products; and for other purposes.
Referred to Committee on Rules.

HB 200. By Messrs. Hale, Abney and Snow of the 1st, Harris of the 85th, Howard of the 101st, Lee of the 79th and others:
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; to provide for certain exemptions and exceptions from the educational requirements; and for other purposes.
Referred to Committee on Judiciary.

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JOURNAL OF THE SENATE,

HB 209. By Messrs. Wells of the 30th, Blalock of the 33rd, Parker of the 55th, Smith of the 44th, Colwell of the 5th and many others:
A bill to amend an act known as the "Minimum Foundation Program of Education Act", so as to change the minimum salaries established by the State Board of Education of drivers of certain school buses; and for other purposes.
Referred to Committee on Educational Matters.

HB 210. By Mr. Leonard of the 3rd:
A bill to abolish the present mode of compensating the clerk of the superior court, the sheriff, the ordinary and the tax commissioner of Murray County, known as the fee system; to provide in lieu thereof annual salaries for such officers; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 227. By Mr. Pafford of the 97th:
A bill to repeal an act establishing the County Court of Atkinson Coun ty, so as to provide for a referendum; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 228. By Mr. Pafford of the 97th:
A bill to abolish the present mode of compensation for the sheriff of Atkinson County, known as the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 230. By Mr. Byrd of the 28th:
A bill to amend an act relating to incorporating the City of Monroe in Walton County and define its limits, so as to provide that the mayor and council shall be elected by a majority vote; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 235. By Mr. Dorminy of the 72nd:
A bill to provide that the clerk of the Superior Court of Ben Hill County 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 238. By Mr. Black of the 56th:
A bill to abolish the present method of compensating the sheriff of Stewart County, known as the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

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217

HB 249. By Mr. Brown of the 19th:
A bill to amend an act creating the office of Commissioners of Roads and Bridges and a Board of Finance for Hart County, so as to remove the provision limiting the cost of the preparation and publication of an itemized list of expenditures of Hart County in the official organ of said county; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 250. By Mr. Brown of the 19th:
A bill to abolish the present mode of compensating the clerk of the Superior Court and the ordinary of Hart County, known as the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 256. By Messrs. Bryant of the 108th, Jones, Knapp, Stewart and Wilson of the 109th:
A bill to amend an act reenacting the charter of the City of Macon, so as to provide that the method and procedure for condemnation of property for the widening and changing of streets and the opening of new streets and alleys shall be any method and procedure now or here after authorized by the laws of Georgia; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 30. By Mr. Gaissert of the 34th:
A resolution to relieve Otis David Hatchett as surety on an appearance bond and to cancel a fi. fa. issued against him; and for other purposes.
Referred to Committee on Judiciary.

HR 31. By Messrs. Gaissert and Melton of the 34th:
A resolution to relieve A. J. Martin as surety on an appearance bond and to cancel a fi. fa. issued against him; and for other purposes.
Referred to Committee on Judiciary.

The following bills and resolutions were read the second time:

SB 114. By Senators Webb of the llth and Jackson of the 16th:
A bill relating to the qualifications of applicants for registration as graduate nurses to provide for an additional method of qualifying for

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registration as a graduate nurse; to repeal conflicting laws; and for other purposes.

SB 115. By Senator Kilpatrick of the 44th:
A bill relating to the drawing of names of persons to serve as jurors so as to change the maximum number of names that may be drawn; and for other purposes.

SB 116. By Senators Wesberry of the 37th and Salome of the 36th:
A bill to provide an office of local affairs; to declare the intent of the Legislature in providing for said office; to provide for an advisory board; to provide for the functions of said office; to repeal conflicting laws; and for other purposes.

SB 117. By Senator Kidd of the 25th:
A bill to abolish the present mode of compensating the sheriff of Baldwin County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

SB 118. By Senator Hall of the 52nd:
A bill to amend an act establishing the teachers' retirement system to remove the provisions relating to the employer rate of contributions added by the aforesaid 1965 Act; and for other purposes.

SB 119. By Senators Downing of the 1st, Padgett of the 23rd, Kidd of the 25th, Foster of the 21st, McGill of the 24th and others:
A bill providing for the issuance of automobile license tags to disabled veterans to provide for the issuance of license tags to certain other disabled veterans; and for other purposes.

SB 120. By Senator Johnson of the 38th:
A bill providing that it shall be unlawful to sell certain automobiles unless they shall be equipped with safety belts, as amended, to provide that it shall be unlawful to sell passenger automobiles, station wagons and certain trucks after January 1, 1967, unless the seats therein are equipped with safety belts; and for other purposes.

SB 121. By Senator Johnson of the 38th:
A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", to provide that on all 1967 and later model passenger

FRIDAY, JANUARY 28, 1966

219

automobiles, station wagons and certain trucks, safety belts on all seats thereof shall be required in order to pass inspection and for an official certificate of inspection and approval to be issued thereon; and for other purposes.

SB 122. By Senators Wesberry of the 37th, Johnson of the 38th, Ward of the 39th, Maclntyre of the 40th and Sanders of the 41st:
A bill relating to the indictment of county officials for malpractice, and to amend an Act reorganizing the State Law Insurance Depart ment to strike therefrom the reference to Code Section 89-9908; and for other purposes.

SR 38. By Senators Webb of the llth and Jackson of the 16th:
A resolution proposing an amendment to the Constitution so as to authorize the establishment of area school systems and area schools, including such special schools as vocational trade schools, schools for exceptional children, and schools for adult education, by county and independent boards of education; and for other purposes.

SR 39. By Senator Pincher of the 51st: A resolution proposing an amendment to the Constitution so as to change the provisions relating to elections for the members of the Cherokee County Board of Education and to change the provisions relating to the filling vacancies on the Cherokee County Board of Education; and for other purposes.
SR 40. By Senator Johnson of the 38th: A resolution creating a committee to study the Motor Vehicle Inspection law; and for other purposes.
SR 41. By Senators Wesberry of the 37th, Johnson of the 38th, Ward of the 39th and Salome of the 36th:
A resolution creating an interim committee to study the problems as sociated with mental health, mental retardation, and all matters reltaing thereto and the facilities associated wherewith in Pulton County; and for other purposes.
HB 14. By Mr. Westlake of the 119th: A bill to amend an act relating to the examination of applicants for certain licenses issued by the Insurance Commissionsr, so as to allow certain applicants who have completed certain examinations to receive such licenses without the necessity of taking certain written examina tions; and for other purposes.

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JOURNAL OF THE SENATE,

HB 15. By Mr. Westlake of the 119th:
A bill to amend an act relating to the examination of certain applicants for licenses issued by the Insurance Commissioner so as to exempt applicants for certain of such licenses who have successfully completed certain of the examinations given by the Society of Chartered Property and Casualty Underwriters; and for other purposes.

HB 25. By Mr. Pickard of the 112th:
A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", so as to change the provisions relating to the cost for blood alcohol tests to determine whether or not a person was operating a motor vehicle while under the influence of intoxicating liquor; and for other purposes.

HB 48. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend an act authorizing the State Personnel Board to provide a Health Insurance Plan for State employees, so as to remove the provisions excluding coverage of certain dental care; and for other purposes.

HB 76. By Messrs. Harris of the 118th, Smith of the 90th, Busbee of the 79th and Hale of the 1st:
A bill to amend an act providing for grants to certain incorporated municipalities of this State for the purpose of aiding in the construc tion and maintenance of streets, so as to provide for the submission of an annual audit from each such municipality to the State Auditor; and for other purposes.

HB 77. By Messrs. Harris of the 118th, Smith of the 90th, Busbee of the 79th and Hale of the 1st:
A bill to amend Code section 92-1404, relating to the distribution of funds to counties for the construction and maintenance of public roads, so as to provide for the submission of an annual audit from each county to the State Auditor; and for other purposes.

HB 83. By Mr. Alexander of the 133rd:
A bill to provide that certain persons accused of crimes, with their consent, be put on probation after the finding out before an adjudica tion of their guilt; and for other purposes.

HB 140. By Mr. Murphy of the 26th:
A bill to amend section 105-2012 of the Code of Georgia of 1933, which section provides for the right of contribution among several trespassers,

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221

so as to provide for the right of contribution where the several tres passers are not jointly sued; and for other purposes.

HR 28. By Mr. Carley of the 117th:
A resolution proposing an amendment to Article VI, Section XI, Para graph I of the Constitution of Georgia, relating to the office and election of solicitors general, so as to provide that each solicitor general shall be elected only by the electors of the circuit for which such solicitor general shall serve; and for other purposes.

HR 29. By Mr. Carley of the 117th:
A resolution proposing an amendment to Article VI, Section III, Para graph II of the Constitution of Georgia, relating to the office and election of superior court judges, so as to provide that each superior court judge shall be elected only by the electors of the circuit for which such superior court judge shall serve; 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 bills of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 79. Do Not Pass. SB 45. Do Pass. SB 84. Do Pass. SB 85. Do Pass. SB 103. Do Pass. SB 109. Do Pass.
Respectfully submitted, Kendrick of 32nd district, Chairman.

Mr. Gillis of the 20th District, Chairman of the Committee on Appropri ations, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the follow ing Bills of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:

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HB 1. Do Pass, as Amended. HB 2. Do Pass, as Amended.
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 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 110. Do Pass. SB 111. Do Pass. HB 9. Do Pass. HB 64. Do Pass. HB 65. Do Pass. HB 89. Do Pass. HB 150. Do Pass.
Respectfully submitted, Downing of 1st district, Chairman.

Mr. Johnson of the 42nd District, Secretary of the Committee on Retirement, submitted the following report:
Mr. President:
Your Committee on Retirement 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 59. Do Pass. SB 60. Do Pass. SB 61. Do Pass. SB 62. Do Pass. SB 64. Do Pass.

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223

SB 66. Do Pass. SB 67. Do Pass. SB 68. Do Pass.

Respectfully submitted, Johnson of 42nd district, Secretary.

Mr. Rowan of the 8th District, Secretary of the Committee on Rules, sub mitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following bills of the Senate and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SB 33. Do Pass. SB 83. Do Pass. SB 28. Do Pass. SB 86. Do Pass. SB 25. Do Pass, by Substitute. SB 29. Do Pass. SB 75. Do Pass.
Respectfully submitted, Rowan of 8th district, Secretary.

Senator Hill of the 29th, Chairman of the Committee on Senate Administra tive 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 11.
SB 34.

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SB 55. SB 80.

JOURNAL OF THE SENATE,
Respectfully submitted, Hill of the 29th district, Chairman.

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.

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225

Senate Chamber, Atlanta, Georgia, Monday, January 31, 1966.

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 Honorable Reynolds Green, pastor, First Methodist Church, LaGrange, Georgia.

Prayer was offered by the Reverend Alien T. Newby, pastor, Cokesbury Methodist Church, Atlanta, 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 Gregory 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 50th reported that the journal of Friday's proceedings had been read and found correct.

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

Senator 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.

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2. First reading and reference of bills and resolutions.

3. Second reading of bills and resolutions.

4. Reports of standing committees.

5. Third reading and passage of local uncontested bills and resolutions.

6. Third reading and consideration of general bills and resolutions.

The consent was granted.

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

HB 177. By Messrs. Carnes of the 129th, Daugherty of the 134th, Gates and Cook of the 123rd:
A bill to amend an act to establish the Criminal Court of Atlanta, so as to provide for the number of investigators which may be appointed by the Solicitor-General; and for other purposes.

HB 211. By Mr. McClatchey of the 138th:
A bill to amend the act approved August 20, 1927, providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees of such cities, so as to provide that in determin ing pensions for total and permanent disability or death, fractional parts of years of service shall be counted; and for other purposes.

HB 212. By Mr. McClatchey of the 138th:
A bill to amend the act approved August 20, 1927, providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees of such cities, so as to repeal the provisions providing for a refund of contributions by members to such member or his beneficiary when such member shall be compelled to retire because of age or disability, or shall die; and for other purposes.

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227

HB 213. By Mr. McClatchey of the 138th:
A bill to aemnd the act approved August 20, 1927, providing that cities having a population of more than 150,000, shall furnish pensions to officers and employees of such cities, so as to provide that fractional parts of years of service shall be counted in determining the pension of a beneficiary of an employee who shall die while in active service; and for other purposes.

HB 214. By Mr. McClatchey of the 138th:
A bill to amend the act approved August 20, 1927, providing that cities having a population of more than 150,000, shall furnish pensions to officers and employees of such cities, so as to provide that fractional parts of years shall be counted in determining the pro rata pension when the officer or employee has become totally and permanently dis abled by result of injuries sustained in the line of duty at any time after 5 years service; and for other purposes.

HB 215. By Mr. McClatchey of the 138th:
A bill to amend the act approved August 20, 1927, providing that cities having a population of more than 150,000, shall furnish pensions to officers and employees of such cities, so as to repeal the provisions providing that no person shall be granted any pension for disability until such person has been in the employment of the city for a period of 15 years; and for other purposes.

HB 266. By Mr. Savage of the 58th:
A bill to amend an act placing the ordinary of Macon County on a salary basis in lieu of the fee system of compensation, so as to change the compensation of the ordinary; and for other purposes.

HB 267. By Mr. Savage of the 58th:
A bill to amend an act placing the tax receiver of Macon County on a salary basis in lieu of the fee system of compensation, so as to change the compensation of the tax receiver; and for other purposes.

HB 269. By Mr. McCracken of the 49th:
A bill to establish a new charter for the City of Louisville, so as to provide that the book for the registration of voters shall be opened at all times except for periods of 20 days before each election; and for other purposes.

HB 274. By Mr. Brackin of the 87th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenue for Miller County, so as to change the provisions relating to the compensation of the Chairman; and for other purposes.

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HB 275. By Mr. Floyd of the 7th:
A bill to consolidate the officers of tax receiver and tax collector of Chattooga County into the office of tax commissioner; and for other purposes.

HB 276. By Mr. Floyd of the 7th:
A bill to amend an act placing the sheriff of the superior court of Chattooga County on a salary system, 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 277. By Mr. Floyd of the 7th:
A bill to amend an act placing the clerk of the Superior Court of Chattooga County on a salary, so as to provide that the clerk of the superior court shall not receive any compensation for his services as ex-officio clerk of the City Court of Chattooga County; and for other purposes.

HB 278. By Mr. Floyd of the 7th:
A bill to repeal an act establishing the City Court of Chattooga County, so as to provide an effective date; and for other purposes.

HB 279. By Messrs. Lee, Gary and Harrell of the 35th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenue for Clayton County, so as to provide that the Clayton County purchasing agent shall be a full-time employee of Clayton Coun ty and shall be eligible to come under the Clayton County Civil Service System; and for other purposes.

HB 280. By Mr. Otwell of the 10th:
A bill to change the compensation of the clerk of the superior court, the sheriff and the tax commissioner of Forsyth; and for other pur poses.

HB 281. By Mr. Otwell of the 10th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Forsyth County, so as to provide for an expense allowance for the Chairman of the Board; and for other purposes.

HB 282. By Mr. Otwell of the 10th:
A bill to abolish the present mode of compensating the sheriff of Dawson County, known as the fee system; and for other purposes.

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229

HB 285. By Messrs. Hale, Abney and Snow of the 1st:
A bill to amend an act abolishing the offices of the tax collector and tax receiver of Dade County and creating in lieu thereof the office of tax commissioner, so as to change the compensation of the tax com missioner; and for other purposes.

HB 286. By Messrs. Hale, Abney and Snow of the 1st:
A bill to amend an act creating the office of Commissioner of Roads and Revenue for Dade County, so as to change the compensation of the commissioner; and for other purposes.

HB 287. By Messrs. Hale, Abney and Snow of the 1st:
A bill to amend an act placing the Ordinary of Dade County upon an annual salary, so as to increase the maximum clerical expense allowance for the Ordinary; and for other purposes.

HB 288. By Messrs. Hale, Abney and Snow of the 1st:
A bill to abolish the present mode of compensating the sheriff of Dade County, known as the fee system; and for other purposes.

HB 291. By Mr. Wells of the 30th:
A bill to amend an act incorporating the town of Farmington in the County of Oconee, so as to provide for an election for the mayor and council; and for other purposes.

HB 293. By Mr. Caldwell of the 51st:
A bill to place the Ordinary of Upson County upon an annual salary in lieu of the fee system of compensation; and for other purposes.

HB 294. By Mr. Caldwell of the 51st:
A bill to amend Code Section 24-1801, relating to clerks of County Ordi naries, so as to authorize the Ordinaries in certain counties to appoint a clerk whose salary shall be paid from county funds; and for other purposes.
The following resolution was read and adopted:

SR 42. By Senator Kendrick of the 32nd:
A resolution commending Mrs. Bernice McCullar; and for other pur poses.

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

SB 134. By Senator Webb of the llth:
A bill relating to general rules of construction for statutes so as to provide for additional time within which to complete certain actions when the final date for completing such action shall fall on a public or legal holiday; and for other purposes.
Referred to Committee on Judiciary.

SB 135. By Senator Webb of the llth:
A bill to amend an Act establishing a retirement system in the State Public Schools to provide for the payment of certain contributions by teachers and on behalf of teachers becoming members of the teachers' retirement system of Georgia who are employed by employers operating a local retirement fund; and for other purposes.
Referred to Committee on Retirement.

SB 136. By Senator Webb of the llth:
A bill relating to the time and place for determining the sufficiency of pleadings so as to remove certain provisions, relating to amendments, which provisions the Supreme Court of Georgia has declared uncon stitutional; and for other purposes.
Referred to Committee on Judiciary.

SB 137. By Senators Webb of the llth, Johnson of the 42nd, Gillis of the 20th, Lee of the 47th and Flowers of the 10th:
A bill to amend an act establishing the State Employees' Retirement System to provide for benefits for future employees under the involun tary separation provisions; and for other purposes.
Referred to Committee on Retirement.

SB 138. By Senator Webb of the llth:
A bill to amend an Act entitled the "Motor Vehicle Certificate of Title Act" to provide for the destruction of certain motor vehicle manufacurers' serial plates and the admissibility in evidence of records reflecting the destruction of such plates; and for other purposes.
Referred to Committee on Rules.

MONDAY, JANUARY 31, 1966

231

SB 139. By Senator Tribble of the 3rd, Webb of the llth, Carter of the 14th, Rowan of the 8th, Foster of the 21st, and others:
A bill to amend an act creating the Department of Public Safety and providing for the issuance, revocation, suspension and renewal of driver licenses to increase the minimum age required of applicants for an operator's class driver license; and for other purposes.
Referred to Committee on Educational Matters.

SB 140. By Senators Minish of the 48th, Owens of the 49th and Lee of the 47th: A bill relating to the application of minors under the age of 18 for an operator's license to drive a motor vehicle so as to provide that any applicant under the age of 21 must furnish evidence of completing high school or enrollment at the time; and for other purposes.
Referred to Committee on Rules.
SR 46. 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; and for other purposes.
Referred to Committee on Rules.

SR 47. By Senator Yancey of the 33rd:
A resolution proposing an amendment to the Constitution so as to pro vide that the members of the Board of Education of Cobb County shall be elected in the same manner as county officers; to change the com pensation of the members of the board of education; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 177. By Messrs. Games of the 129th, Daugherty of the 134th, Gates and Cook of the 123rd:
A bill to amend an act to establish the Criminal Court of Atlanta, so as to provide for the number of investigators which may be appointed by the solicitor-general; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 211. By Mr. McClatchey of the 138th:
A bill to amend the act approved August 20, 1927, providing that cities having a population of more than 150,000 shall furnish pensions to

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officers and employees of such cities, so as to provide that in de termining pensions for total and permanent disability or death, frac tional parts of years of service shall be counted; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 212. By Mr. McClatchey of the 138th:
A bill to amend the act approved August 20, 1927, providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees of such cities, so as to repeal the provisions providing for a refund of contributions by members to such member or his beneficiary when such member shall be compelled to retire because of age or disability, or shall die; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 213. By Mr. McClatchey of the 138th:
A bill to amend the act approved August 20, 1927, providing that cities having a population of more than 150,000, shall furnish pensions to officers and employees of such cities, so as to provide that fractional parts of years of service shall be counted in determining the pension of a beneficiary of an employee who shall die while in active service; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 214. By Mr. McClatchey of the 138th:
A bill to amend the act approved August 20, 1927, providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees of such cities, so as to provide that fractional parts of years shall be counted in determining the pro rata pension when the officer or employee has become totally and permanently dis abled by result of injuries sustained in the line of duty at any time after 5 years' service; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 215. By Mr. McClatchey of the 138th:
A bill to amend the act approved August 20, 1927, providing that cities having a population of more than 150,000, shall furnish pensions to officers and employees of such cities, so as to repeal the provisions providing that no person shall be granted any pension for disability until such person has been in the employment of the city for 15 years; and for other purposes.
Referred to Committee on County and Municipal Governments.

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233

HB 266. By Mr. Savage of the 58th:
A bill to amend an act placing the ordinary of Macon County on a salary basis in lieu of the fee system of compensation, so as to change the compensation of the ordinary; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 267. By Mr. Savage of the 58th:
A bill to amend an act placing the tax receiver of Macon County on a salary basis in lieu of the fee system of compensation, so as to change the compensation of the tax receiver; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 269. By Mr. McCracken of the 49th:
A bill to establish a new charter for the City of Louisville, so as to provide that the book for the registration of voters shall be opened at all times except for periods of 20 days before each election; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 274. By Mr. Brackin of the 87th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Miller County, so as to change the provisions relating to the compensation of the chairman; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 275. By Mr. Floyd of the 7th:
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 276. By Mr. Floyd of the 7th:
A bill to amend an act placing the sheriff of the superior court of Chat tooga County on a salary system, 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.

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JOURNAL OF THE SENATE,

HB 277. By Mr. Floyd of the 7th:
A bill to amend an act placing the clerk of the Superior Court of Chattooga County on a salary, so as to provide that the clerk of the superior court shall not 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 278. By Mr. Floyd of the 7th:
A bill to repeal an act establishing the City Court of Chattooga County, so as to provide an effective date; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 279. By Messrs. Lee, Gary and Harrell of the 35th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Clayton County, so as to provide that the Clayton County purchasing agent shall be a full-time employee of Clayton County and shall be eligible to come under the Clayton County Civil Service System; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 280. By Mr. Otwell of the 10th:
A bill to change the compensation of the clerk of the superior court, the sheriff and the tax commissioner of Forsyth; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 281. By Mr. Otwell of the 10th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Forsyth County, so as to provide for an expense allowance for the chairman of the board; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 282. By Mr. Otwell of the 10th:
A bill to abolish the present method of compensating the sheriff of Dawson County, known as the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 285. By Messrs. Hale, Abney and Snow of the 1st:
A bill to amend an act abolishing the offices of the tax collector and tax receiver of Dade County and creating in lieu thereof the office of

MONDAY, JANUARY 31, 1966

235

tax commissioner, so as to change the compensation of the tax com missioner; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 286. By Messrs. Hale, Abney and Snow of the 1st:
A bill to amend an act creating the office of Commissioner of Roads and Revenue for Dade County, so as to change the compensation of the commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 287. By Messrs. Hale, Abney and Snow of the 1st:
A bill to amend an act placing the ordinary of Dade County upon an annual salary, so as to increase the maximum clerical expense allowance for the ordinary; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 288. By Messrs. Hale, Abney and Snow of the 1st:
A bill to abolish the present mode of compensating the sheriff of Dade County, known as the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 291. By Mr. Wells of the 30th:
A bill to amend an act incorporating the town of Parmington in the County of Oconee, so as to provide for an election for the mayor and council; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 293. By Mr. Caldwell of the 51st: A bill to place the ordinary 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.
HB 294. By Mr. Caldwell of the 51st: A bill to amend Code section 24-1801, relating to clerks of county ordi naries, so as to authorize the ordinaries in certain counties to appoint a clerk whose salary shall be paid from county funds; and for other purposes.
Referred to Committee on County and Municipal Governments.

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JOURNAL OF THE SENATE,

The following bills and resolutions were read the second time:

SB 123. By Senators Kendrick of the 32nd and Searcey of the 2nd:
A bill relating to the requirement that the curriculum of all public schools contain instruction in the promotion and encouragement of the conservation and protection of birds, animals, fish and any other forms of useful wildlife and the forests; and for other purposes.

SB 124. By Senator Johnson of the 42nd:
A bill to amend an act requiring banks and other entities doing a trust business to secure uninvested trust funds so as to provide that such uninvested trust funds may be secured by additional obligations; and for other purposes.
SB 125. By Senator Holley of the 22nd:
A bill defining "Reciprocal" insurance so as to provide that reciprocal agreements or contracts of indemnity executed creating funds for the purpose of satisfying the obligations of self-insured employers under the Workmen's Compensation Act of Georgia shall not be deemed "re ciprocal insurance"; and for other purposes.
SB 126. By Senator Kilpatrick of the 44th:
A bill relating to the compensation of jurors and court bailiffs to change the maximum amount allowable for court bailiffs; and for other pur poses.
SB 127. By Senators Yancey of the 33rd, Kilpatrick of the 44th and Edenfield of the 4th:
A bill to provide that the judge or judges of every court of this State having jurisdiction of the violation of traffic laws or traffic ordinances, which violations occur outside corporation limits of municipalities, may provide by written order for the establishment of a Traffic Violations Bureau; and for other purposes.
SB 128. By Senator Hall of the 52nd:
A bill to amend an act relating to the judges of the superior courts to provide that any judge may request any judge emeritus to serve and preside in the superior court of any county in the judicial circuit of the judge making said request; and for other purposes.

SB 129. By Senator Loggins of the 53rd:
A bill to amend an act which comprehensively and exhaustively revised, superseded and modernized appellate and other post-trial procedure in

MONDAY, JANUARY 31, 1966

237

civil and criminal cases so as to provide that a party may contest the truth of the pauper's affidavit filed by the party taking an appeal; and for other purposes.

SB 130. By Senators Johnson of the 38th, Wesberry of the 37th, Ward of the 39th, Thompson of the 34th, Coggin of the 35th, Maclntyre of the 40th and Salome of the 36th:
A bill relating to the compilation of tax returns and the preparation of tax digests by the tax receivers so as to delete therefrom the re quirement that the names of colored taxpayers be compiled separately on the tax digest and that a report be submitted to the State Revenue Commissioner of the amount of taxes returned by colored taxpayers; and for other purposes.

SB 131. By Senator Ward of the 39th:
A bill relating to the action of bail trover to recover personalty so as to remove therefrom the procedure relative to the confinement of the defendant in the event security is not given by the defendant or the property is produced; and for other purposes.

SB 132. By Senators Wesberry of the 37th, Johnson of the 38th, Ward of the 39th, Coggin of the 35th, Thompson of the 34th and others:
A bill to amend an Act creating the State Highway Board so as to provide for filling vacancies on the State Highway Board; and for other purposes.

SB 133. By Senators Webb of the llth and Jackson of the 16th:
A bill to amend an act establishing a merit system of personnel ad ministration for state employees so as to authorize the State Highway Department to extend merit system coverage to employees in the State Highway Department not presently covered under said system; and for other purposes.

SR 45. By Senators Maclntyre of the 40th, Wesberry of the 37th, Johnson of the 38th, Ward of the 39th, Salome of the 36th and others:
A resolution urging the Governor, the Attorney General and the Secre tary of State to authorize the qualified voters of the City of Atlanta and the qualified voters of any other directly affected political sub division to vote on a proposed amendment to the Constitution which prohibits the incorporation of any territory within the limits of Cobb County by any municipality without the approval of the voters of Cobb County; and for other purposes.

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HB 41. By Messrs. Matthews of the 29th, Rowland of the 48th, Elliott of the 107th, Houston of the 84th and Brinkley of the 112th:
A bill to amend an act creating the State Board of Workmen's Com pensation to change the compensation of the chairman and the other two members of the board; and for other purposes .

HB 52. By Mr. Richardson of the 116th:
A bill to amend an act entitled "Georgia Water Quality Control Act", so as to authorize the State to make grants to assist in construction of water pollution control projects with or without federal aid and assistance; and for other purposes.

HB 53. By Mr. Richardson of the 116th:
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 60. By Messrs. Watkins of the 9th, Savage of the 58th and Holder of the 70th:
A bill to authorize sterilization of certain individuals by doctors of medicine; and for other purposes.

HB 106. By Mr. Egan of the 141st:
A bill to amend Code section 113-602, relating to the probate of a will in solemn form, as amended, so as to provide that the probate of a will in solemn form shall be conclusive as to heirs at law not effectively notified; and for other purposes.

HB 122. By Messrs. Brinkley and Jones of the 112th:
A bill to amend an act providing that no judgment, decree, or order of any court shall affect the title to real property until said judgment, decree, or order is recorded, so as to provide that the provisions of this act shall also apply to writ of fieri facias handed down pursuant to any such judgment; and for other purposes.

HB 127. By Mr. Dean of the 20th:
A bill creating the offices of the State Highway Board, so as to author ize payment of subsistence in an amount not to exceed $1.25 per day in addition to other compensation to certain employees of the State Highway Department; and for other purposes.

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239

HB 132. By Messrs. Longino of the 122nd, Gates of the 123rd, Sims of the 131st, Games of the 129th and others:
A bill to provide a new charter for the City of Palmetto in Pulton and Coweta Counties; and for other purposes.

HB 141. By Mr. Harris of the 118th:
A bill to amend an act creating the Claims Advisory Board, so as to clarify the prohibition against a member of the Claims Advisory Board or any member of the General Assembly, or any State official or em ployee receiving any fee, money, gift, or any other thing of value in connection with any claim; and for other purposes.

HB 155. By Messrs. Minge, Starnes and Lowrey of the 13th, Steis of the 100th, Jones and Brinkley of the 112th and Walling of the 118th:
A bill to amend an act which authorized the acceptance and payment of cash bonds from persons charged with violation of traffic, game, fish or boating laws, so as to include within the purview of this act violation of public drunkenness laws; and for other purposes.

HB 188. By Mr. Underwood of the 61st:
A bill to amend an act establishing a new charter for the town of Higgston, so as to change the corporate limits; and for other purposes.

HB 192. By Messrs. Conner of the 91st, Pafford of the 97th and Thomas of the 77th:
A bill to amend an act relating to motor vehicle licenses, so as to pro vide for a new classification for trucks transporting forest products; and for other purposes.

HB 200. By Messrs. Hale, Abney and Snow of the 1st, Harris of the 85th, Howard of the 101st, Lee of the 79th and others:
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; to provide for certain exemptions and exceptions from the educational requirements; and for other purposes.

HB 209. By Messrs. Wells of the 30th, Blalock of the 33rd, Parker of the 55th, Smith of the 44th, Colwell of the 5th and many others:
A bill to amend an act known as the "Minimum Foundation Program of Education Act", so as to change the minimum salaries established by the State Board of Education of drivers of certain school buses; and for other purposes.

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HB 210. By Mr. Leonard of the 3rd:
A bill to abolish the present mode of compensating the clerk of the superior court, the sheriff, the ordinary and the tax commissioner of Murray County, known as the fee system; to provide in lieu thereof annual salaries for such officers; and for other purposes.

HB 227. By Mr. Pafford of the 97th:
A bill to repeal an act establishing the County Court of Atkinson County, so as to provide for a referendum; and for other purposes.

HB 228. By Mr. Pafford of the 97th:
A bill to abolish the present mode of compensation for the sheriff of Atkinson County, known as the fee system; and for other purposes.

HB 230. By Mr. Byrd of the 28th:
A bill to amend an act relating to incorporating the City of Monroe in Walton County and define its limits, so as to provide that the mayor and council shall be elected by a majority vote; and for other purposes.

HB 235. By Mr. Dorminy of the 72nd.
A bill to provide that the clerk of the Superior Court of Ben Hill County shall be placed on a salary basis in lieu of a fee basis; and for other purposes.

HB 238. By Mr. Black of the 56th:
A bill to abolish the present method of compensating the sheriff of Stewart County, known as the fee system; and for other purposes.

HB 249. By Mr. Brown of the 19th:
A bill to amend an act creating the office of Commissioners of Roads and Bridges and a Board of Finance for Hart County, so as to remove the provision limiting the cost of the preparation and publication of an itemized list of expenditures of Hart County in the official organ of said county; and for other purposes.

HB 250. By Mr. Brown of the 19th:
A bill to abolish the present mode of compensating the clerk of the Superior Court and the ordinary of Hart County, known as the fee system; and for other purposes.

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241

HB 256. By Messrs. Bryant of the 108th, Jones, Knapp, Stewart and Wilson of the 109th:
A bill to amend an act reenacting the charter of the City of Macon, so as to provide that the method and procedure for condemnation of prop erty for the widening and changing of streets and the opening of new streets and alleys shall be any method and procedure now or hereafter authorized by the laws of Georgia; and for other purposes.

HR 30. By Mr. Gaissert of the 34th:
A resolution to relieve Otis David Hatchett as surety on an appearance bond and to cancel a fi. fi. issued against him; and for other purposes.

HR 31. By Messrs. Gaissert and Melton of the 34th:
A resolution to relieve A. J. Martin as surety on an appearance bond and to cancel a fi. fa. issued against him; and for other purposes.

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 fol lowing bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 92. Do Pass by substitute. Respectfully submitted, Fincher of 51st 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 110. By Senator Smith of the 18th:
A bill to amend an act creating a Board of County Commissioners for the County of Houston, as amended, so as to provide that Houston County Commissioners Posts numbered Four and Five shall be separate and distinct from each other, and subject to the identical voting re quirements heretofore established for Houston County Commissioners Posts numbered 1, 2 and 3; and for other purposes.

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

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On the passage of the bill, the ayes were 33, nays 0.

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

SB 111. By Senator Smith of the 18th:
A bill to amend an act creating a new charter for the City of Perry, as amended, so as to increase the maximum compensation authorized for 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 33, nays 0.

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

HB 9. By Mr. Lewis of the 50th:
A bill to abolish the present mode of compensating the sheriff of Burke 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 38, nays 0.

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

HB 64. By Mr. Watkins of the 9th:
A bill to abolish the present method of compensating the sheriff of Gilmer 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 38, nays 0.

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

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243

HB 65. By Mr. Watkins of the 9th:
A bill to abolish the present method of compensating the sheriff of Pickens 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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 89. By Messrs. Matthews and Newton of the 94th:
A bill to amend an act of the legislature relative to Colquitt County compensation of sheriff, so as to change the compensation of the sheriff 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 33, nays 0.

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

HB 94. By Mr. Games of the 129th:
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 provide the compensation of the first assistant solicitor-general and trial assistant; and for other purposes.

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

On the passage of the bill, the ayes were 38, nays 0.

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

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JOURNAL OF THE SENATE,

HB 150. By Mr. Lovell of the 6th:
A bill to amend an act to provide for compensation of the ordinary of Rabun County, so as to change the compensation of 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.

On the passage of the bill, the ayes were 33, nays 0.

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

HR 58. By Mr. Carnes of the 129th:
A RESOLUTION
Proposing an amendment to Article XI of the Constitution of the State of Georgia, so as to authorize the Commissioners of Roads and Revenues of Fulton County to regulate business and business activities in unincorporated areas of said County, and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article XI of the Constitution of the State of Georgia as heretofore amended, is further amended by inserting at the end of said Article a new paragraph which shall read as follows:
"Within the unincorporated areas of Fulton County, the Com missioners of Roads and Revenues of Fulton County shall have full power and authority to regulate business and business activities, except for those businesses subject to regulation by the State Public Service Commission, and to require of each person, firm or corpora tion (except those subject to regulation by the Public Service Com mission) conducting any business or business activities, to pay a license fee to be determined by the County Commission, for each business or classification thereof."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in

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245

Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"For ratification of amendment of the Constitution of Georgia authorizing Fulton County to regulate and license businesses in the unincorporated areas of Fulton County.

"Against ratification of amendment to the Constitution of Georgia authorizing Fulton County to regulate and license busi nesses in the unincorporated areas of Fulton County."

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

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

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

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

Those voting in the affirmative were Senators:

Adams Ballew Bateman Broun Carter Coggin Dean Downing Eldridge Fincher of 51st Fincher of 54th Foster Gayner

Gregory Hall Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kilpatrick Maclntyre Miller Minish Moore Owens

Padgett Plunkett Rowan Sanders Searcey Smith Thompson Tribble Ward Webb Wesberry Yancey

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

On the adoption of the resolution, the ayes were 38, nays 0.

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

HR 59. By Mr. Games of the 129th:
A RESOLUTION
Proposing an amendment to Article XI of the Constitution of the State of Georgia, so as to authorize the Commissioners of Roads and Revenues of Fulton County to operate sanitary landfills within the unincorporated areas of said County, and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1
Article XI of the Constitution of the State of Georgia as here tofore amended, is further amended by inserting at the end of said Article a new paragraph which shall read as follows:
"Within the unincorporated areas of Fulton County, the Com missioners of Roads and Revenues of Fulton County shall have full power and authority to operate sanitary landfills for the purpose of providing1 a public dump, and for the disposal of garbage, refuse, and industrial and construction waste."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution of Georgia authorizing Fulton County, in unincorporated areas, to operate sanitary landfills, and provide for the disposal of garbage, refuse, and waste.

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247

"Against ratification of amendment to the Constitution of Geor gia authorizing Fulton County, in unincorporated area, to operate sanitary landfills, and provide for the disposal of garbage, refuse, and waste."

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

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

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

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

Those voting in the affirmative were Senators:

Adams Ballew Bateman Broun Carter Coggin Dean Downing Eldridge Pincher of 51st Pincher of 54th Poster Gayner

Gregory Hall Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kilpatrick Maclntyre Miller Minish Moore Owens

Padgett Plunkett Rowan Sanders Searcey Smith Thompson Tribble Ward Webb Wesberry Yancey

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

On the adoption of the resolution, the ayes were 38, nays 0.

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

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JOURNAL OF THE SENATE,

HR 60. By Mr. Games of the 129th:

A RESOLUTION

A Resolution proposing an amendment to Article XI of the Con stitution, so as to authorize the Commissioners of Roads and Revenues of Fulton County to conduct recreational activities in certain cities, and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1

Article XI of the Constitution as heretofore amended, is further amended by inserting at the end of said Article a new paragraph which shall read as follows:

"The Commissioners of Roads and Revenues of Fulton County shall have the power and authority to conduct recreational programs in cities of said county having a population of not more than 5,000 persons, according to the last or any future Federal Census, pro vided, the City in which said program is conducted shall bear at least one-half (1/2) of the total cost of said program, and, provided further, the cost to Fulton County in any one year for the program conducted in any such city shall not exceed the sum of Five thousand ($5,000.00) Dollars."

SECTION 2

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

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

"For ratification of amendment to the Constitution so as to au thorize Fulton County to engage in recreational activities in cities of not more than 5,000 persons.

"Against ratification of amendment to the Constitution so as to authorize Fulton County to engage in recreation activities in cities of not more than 5,000 persons."

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

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249

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

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

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

Those voting in the affirmative were Senators:

Adams Ballew Bateman Broun Carter Coggin Dean Downing Eldridge Fincher of 51st Fincher of 54th Foster Gayner

Gregory Hall Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kilpatrick Maclntyre Miller Minish Moore Owens

Padgett Plunkett Rowan Sanders Searcey Smith Thompson Tribble Ward
Webb Wesberry Yancey

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

On the adoption of the resolution, the ayes were 38, nays 0.

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

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

SB 92. By Senators Dean of the 6th, Searcey of the 2nd, Hall of the 52nd, Coggins of the 53rd, Jackson of the 16th, Webb llth, Fincher of the 51st and Smalley of the 28th:
A bill to authorize, direct and empower the standards that should be required of Day Care Centers operated and maintained to furnish a training program and to care for the mentally retarded; and for other purposes.

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JOURNAL OF THE SENATE,

The Committee on Health and Welfare offered the following substitute:

A BILL
To be entitled an Act To authorize and empower the Department of Public Health to expend funds in assisting and participating in the financial support of Day Care Centers for the mentally retarded; to adopt and promulgate standards, rules and regulations for the operation of Day Care Centers; to classify Day Care Centers and to approve Day Care Centers that meet the standards adopted by the Department; to determine the standards that should be required for Day Care Centers and to determine the need for Day Care Centers for the mentally retarded in various areas of the state; to provide definitions; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Definitions. Unless a different meaning is required by context, the following terms as used herein shall have the meaning hereinafter ascribed to them:
(a) "Mental retardation" means a state of subaverage general intellectual functioning which originates during the developmental period and is associated with impairment in adaptive behaviour.
(b) "Mentally retarded individual" means any individual who is suffering from mental retardation.
(c) "Department" means the Department of Public Health.
(d) "Day Care Center" means any facility that is operated and maintained for, and is qualified to furnish are and training to, mentally retarded individuals, on less than a 24 hour basis.
Section 2. Matching Funds. The Department is authorized, directed and empowered to participate in the financing of public, non-profit Day Centers for retarded children that are approved by the Department.
Section 3. Grants-in-Aid. The Department is authorized and em powered to make grants-in-in-aid to county boards of health for the purpose of purchasing care and training for retarded individuals from privately operated, non-profit Day Care Centers, provided these ment ally retarded individuals have been certified as eligible for financial assistance.
Section 4. Statements of Operating Costs. The Department may require any Day Care Center that receives state funds under the pro visions of Section 2 or 3, to submit to the Department, at appropriate times, certified cost statements of operation.
Section 5. Inspection and Approval. The Department is authorized, directed and empowered to inspect Day Care Centers for the Mentally

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251

Retarded which are now in operation and those Centers which begin operation in the future; to approve, for financial assistance and for purchase of services, Day Care Centers which meet the minimum stan dards established by the Department. Reinspections may be made at any time and approval may be withdrawn whenever circumstances indicate that the Day Care Center no longer meets Department standards. If approval is withdrawn, it cannot be reinstated until deficiencies have been corrected and a satisfactory reinspection has been made.

Section 6. The Department is authorized, directed and empowered to participate in the financing of Day Care Centers that may be approved by the Department in such municipalities and counties of this State. In carrying out the authority and power set forth in this section the De partment is authorized, directed and empowered to expend funds in assisting such Day Care Centers in the operation of such Centers.

Section 7. The State Department of Education is hereby authorized and directed to co-ordinate its program relative to the training of the mentally retarded with the Department, and is authorized and empow ered to expend funds appropriated to or available to said Department for the purpose of co-ordinating its program or training relative to the mentally retarded with the Department.

Section 8. Statements of Operating Costs. The Department may require any Day Care Center that receives state funds under the pro visions of Section 2 or 3, to submit to the Department, at appropriate times, certified cost statements of operation.

Section 9. Inspection and Approval. The Department is authorized, directed and empowered to inspect Day Care Centers for the Mentally Retarded which are now in operation and those Centers which begin operation in the future; to approve, for financial assistance and for for purchase of services, Day Care Centers which meet the minimum standards established by the Department. Reinspections may be made at any time and approval may be withdrawn whenever circumstances indicate that the Day Care Center no longer meets Department stan dards. If approval is withdrawn, it cannot be reinstated until deficiences have been corrected and a satisfactory reinspection has been made.
After a Day Care Center for the retarded as provided by this Act has been approved by the Health Department and a certificate of approval has been issued, the Center is not subject to examination, approval or licensing by any other Department, division or agency of the State.

Section 10. Standards. The Department is authorized, directed and empowered to classify Day Care Centers; to adopt and promulgate such reasonable rules and regulations to set standards, which in its judgment are necessary to protect the health and lives of mentally retarded individuals; and to prescribe and set out the kind and quality of buildings, equipment, facilities and services Day Care Centers shall have to give proper care and training to mentally retarded individuals.
Section 11. The Department is authorized, directed and empowered to expend funds appropriated to said Department for the purposes of administering this Act.

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JOURNAL OF THE SENATE,

Section 12. An Act authorizing and empowering the Department of Health to conduct a survey to determine the standards that should be required for certain Day Care Centers, approved April 2, 1963 (Ga. Laws 1963, p. 259), is hereby repealed in its entirety.

Section 13. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 36, nays 0, and the sub stitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

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

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

SB 100. By Senators Fincher of the 51st and Moore of the 31st:
A bill to amend Code section 84-1304, relating to the filling of vacancies on the Georgia State Board of Pharmacy, as amended, so as to provide that the Georgia Pharmaceutical Association shall annually elect or nominate three practicing registered pharmacists to fill vacancies; and for other purposes.

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

On the passage of the bill, the ayes were 31, nays 0.

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

SB 28. By Senators Broun of the 46th, Kilpatrick of the 44th, Hill of the 29th, Searcey of the 2nd, Minish of the 48th and Thompson of the 34th:
A bill to protect property of the citizens of this State and to facilitate the identification of motor vehicles, parts, accessories and assemblies thereof, by prohibiting the sale in the State of Georgia of new motor vehicles and certain components not bearing identification numbers; and for other purposes.

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253

The report 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 constiutional majority, was passed.

SB 25. By Senators Broun of the 46th, Kilpatrick of the 44th, Searcey of the 2nd, Minish of the 48th and Thompson of the 34th:
A bill to provide for the submission of certain information to the De partment of Public Safety, Bureau of Investigation; to provide what persons shall be required to furnish such information; to provide that the Department of Public Safety shall promulgate certain rules and re gulations; and for other purposes.

The Committee on Rules offered the following substitute:
A BILL
TO BE ENTITLED
An Act to provide for the submission of certain information to the Department of Public Safety, Bureau of Investigation; to provide what persons shall be required to furnish such information to the Bureau of Investigation; to provide for methods of furnishing such information; to provide that the Department of Public Safety shall promulgate certain rules and regulations; to provide penalties for the failure to furnish such information; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Duties. It shall be the duty of all sheriffs, chiefs of police and the heads of any other law enforcement agencies to obtain the fingerprints and descriptions of all persons arrested for felonies or suspicion of felonies by the above-mentioned officers or officers under their respective jurisdictions and to transmit such fingerprints and de scriptions to the clerk of the Superior Court for the county in which such law enforcement agency is located and the clerk shall transmit such fingerprints and descriptions to the Bureau of Investigation of the Department of Public Safety, hereinafter called the Bureau. If the particular law enforcement agency now is transmitting, or may in the future decide to transmit, such fingerprints and descriptions to the Bureau, then the agency shall be authorized and empowered to make such direct transmittals without calling on the clerk of the Superior Court in the county in which such agency is located for such transmit tals; and, if the particular law enforcement agency now has or may in the future have photograph equipment, then a photo of the arrested person shall also be forwarded, as provided.

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Section 2. Report of stolen or recovered motor vehicles, license plates; penalties. It shall be the duty of every law enforcement officer who receives a report based on reliable information that any motor vehicle has been stolen or that the license plate for such vehicle has been stolen or lost, to report the theft or loss to the Department of Public Safety immediately after receiving such information, unless prior thereto information has been received of the recovery of the vehicle or plates. Such report shall be made to the Bureau by reporting such loss or theft to the nearest State Patrol post. Any such officer, upon receiving information of the recovery of any motor vehicle or license plate which has previously been reported as stolen or lost, shall, immediately after receiving such information, report the recovery of such motor vehicle or plates directly to the Department of Public Safety.

Section 3. The Department of Public Safety is hereby authorized and directed to promulgate rules and regulations pertaining to the submissions of the above required reports. Such rules and regulations shall include time limits for the submission of the reports and the forms that such reports shall be submitted upon.

Section 4. Intentional failure to report. The intentional failure of any law enforcement officer to render reports as prescribed in Sec tions 1, 2 and 3 shall, if the officer is elected, constitute cause for re moval from office; or, if the officer is employed, shall be grounds for dismissal. The intentional failure of any clerk of a Superior Court to receive and render reports as prescribed in Section 1 shall constitute cause for removal from office.
Section 5. The provisions of this Act shall become effective on July 1, 1966.
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 0, nays 31, and the sub stitute was lost.

Senators Yancey of the 33rd and Gayner of the 5th offered the following amendment to the original bill:
Amend SB 25 by adding in the first sentence of section 1, between the word "arrested" and the words "for felonies" the words
"And bound over by a Court of Inquiry or against whom an in dictment or accusation was issued."

On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.

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255

Senator Yancey of the 33rd offered the following amendment:

Amend SB 25 by adding between the words "reports" and "as" in the second line of section 4 the following words:

"or the failure to do so through wanton neglect".

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

The report of the committee, which was favorable to the passage of the bill by substitute, 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 45. By Senator Kendrick of the 32nd:
A bill to amend Code section 32-904, relating to the compensation of members of county boards of education, as amended, so as to change the compensation of board members; to provide that all board mem bers shall receive reimbursement for actual expenses incurred on official business of the board; and for other purposes.

Senator Carter of the 14th offered the following amendment:
Amend SB 45 by inserting in section 32-904, in the second sentence, between the words "shall" and "receive" the words "when approved by the county board of education affected".
On the adoption of the amendment, the ayes were 31, nays 2, 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 26, nays 4.
The bill, having failed to receive the requisite constitutional majority, was lost.

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JOURNAL OF THE SENATE,

Senator Kendrick of the 32nd gave notice that at the proper time he would move that the Senate reconsider its action on SB 45.

SB 29. By Senators Broun of the 46th, Kilpatrick of the 44th, Hill of the 29th, Searcey of the 2nd, Minish of the 48th and Thompson of the 34th:
A bill to amend Code section 26-2603, relating to the larceny of certain motor vehicles and other vehicles, as amended, particularly by an act approved April 1, 1965 (Ga. Laws 1965, p. 504), so as to provide for a new definition of motor vehicles covered under the provisions of this act; to provide that the theft of parts of these vehicles shall also be a crime; and for other purposes.

The report 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 constiutional majority, was passed.

SB 68. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd, Lee of the 47th and Flowers of the 10th:
A bill to provide that any bill relative to any retirement, pension or emeritus system or any other similar system, must be introduced in the General Assembly during the first ten days of any session thereof; to provide for fiscal notes; to provide the procedure connected with the foregoing; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.

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

SB 33. By Senators Broun of the 46th, Minish of the 48th, Kilpatrick of the 44th, Thompson of the 34th, Hill of the 29th and Searcey of the 2nd:
A bill to create a State Board of Registration for Used Motor Vehicle Parts Dealers, Motor Vehicle Dismantlers and Motor Vehicle Rebuilders; and for other purposes.
Senator Maclntyre of the 40th offered the following amendment: Amend SB 33 by adding to the end of section 8, paragraph (c) following the words "unless applicant qualifies under paragraph (e), subparagraph 7".

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257

On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.

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

On the passage of the bill, the ayes were 29, nays 11.

The bill, having received the requisite constitutional majority, was passed as amended.
Senator Rowan of the 8th asked unanimous consent that he be recorded as voting no.
The consent was granted.

SB 75. By Senators Smith of the 18th, Downing of the 1st and Johnson of the 42nd:
A bill to amend an act creating the Department of Public Safety and providing for the issuance, revocation, suspension and renewal of driver licenses, as amended, so as to provide that the director may revoke the license of certain licensees upon their conviction of certain offenses; and for other purposes.

Senator Smith of the 18th offered the following substitute:
A BILL
To be entitled an Act to amend an Act creating the Department of Public Safety and providing for the issuance, revocation, suspension and renewal of driver licenses, approved March 18, 1937 (Ga. Laws 1937, p. 322), as amended, particiularly by an Act approved March 17, 1939 (Ga. Laws 1939, p. 135), so as to provide that the Director may revoke the license of certain licensees upon their conviction of certain offenses; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An act creating the Department of Public Safety and providing for the issuance, revocation, suspension and renewal of driver licenses, approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended, particularly by an Act approved March 17, 1939 (Ga. Laws 1939, p. 135), is hereby amended by striking that paragraph of Section 2 of Article IV which reads as follows:

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JOURNAL OF THE SENATE,

"The Director may in his discretion revoke the license of any operator or chauffeur upon receiving the record of such operator's or chauffeur's conviction of any of the following offenses:"

and substituting in lieu thereof the following:

"The Director may in his discretion revoke the license of any operator or chauffeur upon such operator's conviction of any of the following offenses:"

Section 2. Said Act is further amended by striking that paragraph of Section 2 of Article IV which reads as follows:

"(1) Manslaughter (or negligent homicide) resulting from the operation of a motor vehicle, (2) Driving a motor vehicle while under the influence of intoxicants or drugs, (3) Any felony in the commission of which a motor vehicle is used, (4) Failure to stop and render aid as required under the laws of this State in the event of a motor vehicle accident resulting in the death or personal injury of another, or leaving the scene of an accident as specified by the law of this State, (5) Perjury or the making of a false affidavit or statement under oath to the Department under this Act or under any other law relating to the ownership or operation of motor vehicles, (6) Conviction, or forfeiture of bail, not vacated, upon three charges of violation of the motor vehicle laws of this State within a period of twelve months, provided that this shall not in clude violations which do not affect the safety of human life or limb on the streets or highways of this State."
and substituting in lieu thereof the following:
"(1) Manslaughter (or negligent homicide) resulting from the operation of a motor vehicle, (2) Driving a motor vehicle while under the influence of intoxicants or drugs, (3) Any felony in the commission of which a motor vehicle is used, (4) Failure to stop and render aid as required under the laws of this State in the event of a motor vehicle accident resulting in the death or personal in jury of another, or leaving the scene of an accident as specified by the law of this State, (5) Perjury or the making of a false affidavit or statement under oath to the Department under this Act or under any other law relating to the ownership or operation of motor vehicles, (6) Conviction, or forfeiture of bail, not vacated, upon three charges of violation of the motor vehicle laws of this State within a period of twelve months, provided that this shall not include violations which do not affect the safety of human life or limb on the streets or highways of this State, (7) Transporting non tax paid liquor."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 39, nays 0, and the substitute was adopted.

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259

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

On the passage of the bill, the ayes were 36, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Hill of the 29th, Chairman of the Committee on Senate Administra tive Affairs, submitted the following reports:
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 92. Respectfully submitted, Hill of the 29th District, Chairman.
SB 85. By Senator Johnson of the 38th: A bill to create a State-wide tenure law for all administrative and teaching personnel of the public school system, except those who work directly under a State or local merit system; and for other purposes.
Senator Johnson of the 38th asked unanimous consent that SB 85 be postpond until February 1, 1966.
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.

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Senate Chamber, Atlanta, Georgia, Tuesday, February 1, 1966.

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 Jack Smith, pastor, First Methodist Church, Dublin, Georgia.

Prayer was offered by Dr. James J. Snead, pastor, Owsley Methodist Church, Decatur, Georgia.

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

Adams Ballew Bateman Broun Carer
Coggin Dean Downing Edenfield Eldridge Fincher of 51st Fincher of 54th Flowers Foster
Gayner Gillis Gregory 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 Kendrick of the 32nd moved that the Senate reconsider its action of yesterday on the following bill of the Senate:

SB 45. By Senator Kendrick of the 32nd:
A bill to amend Code Section 32-904, relating to the compensation of members of county boards of education, as amended, so as to change the compensation of board members; to provide that all board members shall receive reimbursement for actual expenses incurred on official business of the board; and for other purposes.

On the motion to reconsider, the ayes were 29, nays 0.

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261

The motion prevailed, and SB 45 was placed on the calendar.

Senator Hill of the 29th reported that the journal of yesterday's proceedings had been read and found correct.

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

Senator 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 305. By Mr. Clark of the 2nd:
A bill to repeal an act creating a Board of Utility Commissioners for Catoosa County, so as to provide that all vacancies on the Board of Utility Commissioners shall be filled by appointment by the governing authority; and for other purposes.

HB 308. By Mr. Moore of the 12th:
A bill to amend an act placing the clerk of the superior court of Stephens County upon an annual salary, so as to increase the allotment of county funds for the purpose of compensating personnel within his office; and for other purposes.

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JOURNAL OF THE SENATE,

HB 309. By Mr. Moore of the 12th:
A bill to amend an act creating a board of commissioners of roads and revenues in the County of Stephens, so as to change the terms of office of the commissioners; and for other purposes.

HB 311. By Mr. Moore of the 12th:
A bill to amend an act placing the ordinary of Stephens County upon an annual salary, so as to increase the allotment to the ordinary for the purpose of compensating personnel within his office; and for other purposes.
HB 312. By Mr. Savage of the 58th:
A bill creating a small Claims Court in each county having a certain population; and for other purposes.

HB 313. By Mr. Collins of the 62nd:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Toombs County, so as to change the maximum com pensation of the clerk of the Board of Commissioners; and for other purposes.
HB 315. By Messrs. Conger and Dollar of the 89th: A bill to abolish the present method of compensating the sheriff of Decatur County, known as the fee system; and for other purposes.

HB 316. By Messrs. Conger and Dollar of the 89th:
A bill to amend an act relating to the establishment of the City Court of Bainbridge in the county of Decatur, so as to provide that the sheriff of the City Court of Bainbridge shall receive no compensation for his services as such except which is prescribed for his duties as sheriff of Decatur County; and for other purposes.

HB 317. By Messrs. Conger and Dollar of the 89th:
A bill to amend an act creating a new charter for the City of Bain bridge, so as to decrease the number of aldermen; and for other pur poses.
HB 320. By Messrs. Carley, Palmer, Malone and Vaughn of the 117th, Harris, Levitas, Walling and Farrar of the 118th, Bean, Evenson, Higginbotham and Westlake of the 119th:
A bill to fix the salary of the judge of the juvenile court in certain counties; and for other purposes.

TUESDAY, FEBRUARY 1, 1966

263

HB 328. By Messrs. Sullivan, Barfield and Bennett of the 95th:
A bill to place the sheriff of Lowndes County upon an annual salary; to provide for the disposition of all fees and commissions formerly al lowed the sheriff as compensation; and for other purposes.

HB 331. By Mr. Webb of the 65th:
A bill to repeal an act creating and establishing the City Court of Pembroke in and for the County of Bryan, so as to provide for the disposition of all suits, cases, papers, processes, books, indices and other matters of said court; and for other purposes.

HB 332. By Mr. Webb of the 65th:
A bill to amend an act creating and establishing the office of County Treasurer of Bryant County, so as to raise the salary of the Treasurer of Bryan County; and for other purposes.

HB 339. By Messrs. Hawkins of the 139th, Hood of the 124th, Brown of the 120th, Adams of the 125th, Longino of the 122nd and others:
A bill to amend an act entitled "An act to provide in Pulton County a system for pension and retirement pay to teachers and employees of the Board of Education", so as to increase the amount of dependent benefits from 50% to 60%; and for other purposes.

HB 340. By Messrs. Hawkins of the 139th, McClatchey of the 138th, Lambros of the 130th, Hood of the 124th, Brown of the 120th and others:
A bill to amend an act entitled "An act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education", so as to provide that a teacher or employee may designate certain dependents as beneficiaries; and for other purposes.

HB 341. By Messrs. Hawkins of the 139th, Dillon of the 128th, Hood of the 124th, Adams of the 125th, Grier of the 132nd, Brown of the 120th and others:
A bill to amend an act entitled "An act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education, so as to provide for refund of a portion of employees contributions in certain cases; and for other purposes.

HR 124. By Mr. Underwood of the 61st:
A resolution authorizing the Governor to execute a permanent easement on behalf of the State of Georgia over certain property located in Little Ocmulgee State Park to the Commissioners of Roads and Revenues of Wheeler County, to be used in connection with the Telfair-Wheeler Air port; and for other purposes.

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JOURNAL OF THE SENATE,

HR 26. By Mr. Lovell of the 6th: A resolution compensating Mr. Willard York; and for other purposes.

HR 45. By Messrs. Cnow, Abney and Hale of the 1st: A resolution compensating Grady Barfield; and for other purposes.

HR 11. By Messrs. Abney, Snow and Hale of the 1st:
A resolution compensating Gordon J. McGraw, Jr.; and for other pur poses.

HR 41. By Mr. Richardson of the 116th: A resolution compensating L. H. Flowers; and for other purposes.

HR 47. By Mr. Thomas of the 77th: A resolution compensating T. R. Herndon; and for other purposes.

HR 48. By Mr. Thomas of the 77th: A resolution compensating Lt. T. E. Caldwell; and for other purposes.

HR 27. By Mr. Duncan of the 4th:
A resolution compensating the Fannin County Agricultural Association, Inc.; and for other purposes.

HR 51. By Mr. Wells of the 30th:
A resolution compensating Mr. Jack W. Fambrough; and for other purposes.

HR 55. By Mr. Longino of the 122nd: A resolution compensating Mr. J. Frank Lee; and for other purposes.

HR 56. By Mr. Carr of the 48th:
A resolution to compensate the Washington County Sweet Potato As sociation; and for other purposes.

HR 136. By Mr. Leonard of the 3rd:
A resolution authorizing the exchange and conveyance of certain prop erty rights in real property located in Murray County, by and between the State of Georgia and The Cohutta Talc Company, a Georgia Corpora tion; and for other purposes.

TUESDAY, FEBRUARY 1, 1966

265

HB 164. By Messrs. Wells of the 30th, Richardson of the 116th, Jones of the 112th, Steis of the 100th and Lowrey of the 13th:
A bill to amend an act amending the adoption laws, so as to change the waiting period before final adoption; and for other purposes.

HR 97. By Mr. Reaves of the 99th:
A resolution proposing an amendment to the Constitution so as to create the Brooks County Development Authority; and for other pur poses.

HR 98. By Messrs. Harris and Vaughan of the 14th:
A resolution proposing an amendment to the Constitution so as to create the Adairsville Development Authority; and for other purposes.

HR 114. By Mr. Floyd of the 7th:
A resolution proposing an amendment to the Constitution so as to create the Chattooga County Development Authority; and for other purposes.

HR 113. By Mr. Harrison of the 98th:
A resolution proposing an amendment to the Constitution so as to create the City of Woodbine Development Authority; and for other purposes.

HR 139. By Messrs. Harris and Smith of the 85th:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by local act for the creation of a Charter Commission to study all matters relating to the consolida tion of the government of the City of Brunswick and Glynn County and for the establishing of a successor government; and for other purposes.

HR 140. By Floyd of the 7th:
A resolution proposing an amendment to the Constitution so as to change the manner of election and terms of office of the members of the Board of Education of Chattooga County; and for other purposes.

HB 6. By Messrs. Hull of the 104th, Murphy of the 26th, Conger of the 89th, Jones of the 112th, Harris of the 85th, Lambert of the 38th, Jones of the 76th, Caldwell of the 51st, Walling of the 118th and Fleming of the 106th:
A bill to comprehensively revise, supersede, and modernize pretrial, trial and certain post trial procedures in civil cases; and for other pur poses.

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JOURNAL OF THE SENATE,

The House has adopted the following resolution of the House to-wit:

HR 180. By Mr. Pafford of the 97th:
A resolution commending the Georgia High School Association and Sam F. Burke, its Executive Secretary; and for other purposes.

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

SB 141. By Senators Rowan of the 8th and Carter of the 14th:
A bill to amend Code Section 68-201 so as to provide that said Sections shall not apply to four wheel trailers with no springs; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

SB 142. By Senators Hill of the 29th, McGill of the 24th, McKenzie of the 17th and Edenfield of the 4th:
A bill to provide that if any county digest shall be returned by the State Revenue Commission for the purpose of equalizing the assess ment of various classes of property for ad valorem taxation purposes, the millage of such county shall be reduced or increased so that the overall revenue shall not deviate more than 10% of the previous years revenue; and for other purposes.
Referred to Committee on Rules.

SB 143. By Senators Pennington of the 45th, Jackson of the 16th and Carter of the 14th:
A bill to amend an Act creating the Department of Public Safety to provide for the issuance of honorary drivers' license without cost to certain veterans of this State or certain servicemen of this State; and for other purposes.
Referred to Committee on Defense and Veterans Affairs.

SB 144. By Senators Carter of the 14th and Plunkett of the 30th:
A bill to amend an Act creating the Georgia State Scholarship Com mission to provide that the Georgia State Scholarship Commission shall be an agency within the Executive Branch of State Government and shall be a budget unit of the State Government; and for other purposes.
Referred to Committee on Educational Matters.

TUESDAY, FEBRUARY 1, 1966

267

SB 145. By Senators Carter of the 14th and Plunkett of the 30th:
A bill to amend an Act creating a non-profit corporation known as the Georgia Higher Education Assistance Corporation so as to provide that the Georgia Higher Education Assistance Corporation shall be a budget unit of the State of Georgia; and for other purposes.
Referred to Committee on Educational Matters.

SB 146. By Senators Carter of the 14th and Plunkett of the 30th:
A bill to amend an act creating a non-profit corporation known ate the Georgia Higher Education Assistance Corporation so as to provide that the Georgia Higher Education Assistance Corporation shall be a budget unit of the State of Georgia; and for other purposes.
Referred to Committee on Educational Matters.

SB 147. By Senators Thompson of the 34th, Coggin of the 35th, Ward of the 39th, Johnson of the 38th, Maclntyre of the 40th and others:
A bill to amend an Act establishing a new Charter for the City of East Point in Fulton County, as amended; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 148. By Senators Thompson of the 34th, Coggin of the 35th, Ward of the 39th, Johnson of the 38th, Maclntyre of the 40th and others:
A bill to amend an Act establishing a new Charter for the City of East Point in Fulton County, as amended; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 149. By Senators Thompson of the 34th, Coggin of the 35th, Ward of the 39th, Johnson of the 38th and Maclntyre of the 40th:
A bill to amend "An Act to Incorporate the City of Hapeville, Georgia" and the several Acts amendatory thereof; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 150. By Senators Thompson of the 34th, Coggin of the 35th, Ward of the 39th, Johnson of the 38th, Maclntyre of the 40th and others:
A bill to amend an Act establishing a new charter for the City of East Point in Fulton County, as amended; and for other purposes.
Referred to Committee on County and Municipal Governments.

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JOURNAL OF THE SENATE,

SB 151. By Senators Webb of the llth, Lee of the 47th, Flowers of the 10th, Gillis of the 20th and Johnson of the 42nd:
A bill to amend an Act establishing the State Employees' Retirement System so as to provide for benefits for future employees under the involuntary separation provision; and for other purposes.
Referred to Committee on Retirement.

SB 152. By Senator Wesberry of the 37th:
A bill relating to taxation on certain intangible property so as to provide that no person shall be required to report such property and pay taxes thereon if the amount due is $5.00 or less; and for other purposes.
Referred to Committee on Banking and Finance.

SB 153. By Senator Kidd of the 25th:
A bill to amend an Act authorizing the chartering and empowering of corporations so as to provide that any corporation whose charter or any renewal will not have expired and whose corporate rights, powers, privileges and immunities may have lapsed by reason of non-payment of taxes will be resumed when full payment of taxes occurs; and for other purposes.
Referred to Committee on Industry and Labor.

SB 154. By Senator Kidd of the 25th:
A bill relating to the imposition, rate and computation of State in come taxes to provide for certain deductions from the net income of certain resident individuals who have service-connected disabilities officially rated by the Veterans Administration of the United States; and for other purposes.
Referred to Committee on Rules.

SB 155. By Senator Kidd of the 25th:
A bill to declare the 30th day of May of each year, commonly known as National Memorial Day, to be a public and legal holiday in this State and to declare such day to be dies non juridicus; and for other purposes.
Referred to Committee on Rules.

SB 156. By Senator Carter of the 14th:
A bill establishing a retirement system for aged and incapacitated teachers in the State Public Schools so as to provide for payment of

TUESDAY, FEBRUARY 1, 1966

269

certain contributions by and on behalf of teachers becoming members of the teachers' retirement system of Georgia who are employed by employers operating a local retirement fund; and for other purposes.
Referred to Committee on Retirement.

SB 157. By Senators Padgett of the 23rd and Holley of the 22nd:
A bill to provide that in all counties of this State having a certain population the senior judge of the superior court of said counties shall be authorized and empowered to appoint a jury clerk to serve at the pleasure of said judge; and for other purposes.
Referred to Committee on Judiciary.

SB 158. By Senator Fincher of the 51st:
A bill relating to the duties of drug store proprietors respecting re gistered pharmacists to provide that drugs, medicines or poisons shall not be dispensed except under certain conditions; and for other pur poses.
Referred to Committee on Health and Welfare.

SR 49. By Senators Hall of the 52nd, Jackson of the 16th, and Kendrick of the 32nd:
A resolution creating an interim study committee to study the feas ibility of establishing a central computerized criminal records system for the State of Georgia; and for other purposes.
Referred to Committee on Rules.

HB 6. By Messrs. Hull of the 104th, Conger of the 89th, Jones of the 112th, Harris of the 85th, Lambert of the 38th, Jones of the 76th, Caldwell of the 51st, Walling of the 118th, Fleming of the 106th and Murphy of the 26th:
A bill to comprehensively revise, supersede, and modernize pretrial, trial and certain post trial procedures in civil cases; and for other pur poses.
Referred to Committee on Judiciary.
HB 164. By Messrs. Wells of the 30th, Richardson of the 116th, Jones of the 112th, Steis of the 100th and Lowrey of the 13th:
A bill to amend an act amending the adoption laws, so as to change the waiting period before final adoption; and for other purposes.
Referred to Committee on Rules.

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JOURNAL OF THE SENATE,

HB 305. By Mr. Clark of the 2nd:
A bill to repeal an act creating a Board of Utility Commissioners for Catoosa County, so as to provide that all vacancies on the Board of Utility Commissioners shall be filled by appointment by the govern ing authority; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 308. By Mr. Moore of the 12th:
A bill to amend an act placing the clerk of the Superior Court of Stephens County upon an annual salary, so as to increase the allotment of county funds for the purpose of compensating personnel within his office; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 309. By Mr. Moore of the 12th:
A bill to amend an act creationg a Board of Commissioners of Roads an Revenues in the County of Stephens, so as to change the terms of office of the commissioners; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 311. By Mr. Moore of the 12th:
A bill to amend an act placing the ordinary of Stephens County upon an annual salary, so as to increase the allotment to the ordinary for the purpose of compensating personnel within his office; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 312. By Mr. Savage of the 58th: A bill creating a Small Claims Court in each county having a certain population; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 313. By Mr. Collins of the 62nd:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Toombs County, so as to change the maximum compen sation of the clerk of the Board of Commissioners; and for other purposes.
Referred to Committee on County and Municipal Governments.

TUESDAY, FEBRUARY 1, 1966

271

HB 315. By Messrs. Conger and Dollar of the 89th:
A bill to abolish the present method of compensating the sheriff of Decatur County, known as the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 316. By Messrs. Conger and Dollar of the 89th:
A bill to amend an act relating to the establishment of the City Court of Bainbridge in the County of Decatur, so as to provide that the sheriff of the City Court of Bainbridge shall receive no compensation for his services as such except which is prescribed for his duties as sheriff of Decatur County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 317. By Messrs. Conger and Dollar of the 89th:
A bill to amend an act creating a new charter for the City of Bainbridge, so as to decrease the number of aldermen; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 320. By Messrs. Carley, Palmer, Malone and Vaughn of the 117th, Harris, Levitas, Walling and Farrar of the 118th, Bean, Evenson, Higginbotham and Westlake of the 119th:
A bill to fix the salary of the judge of the juvenile court in certain counties; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 328. By Messrs. Sullivan, Barfield and Bennett of the 95th:
A bill to place the sheriff of Lowndes County upon an annual salary; to provide for the disposition of all fees and commissions formerly allowed the sheriff as compensation; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 331. By Mr. Webb of the 65th:
A bill to repeal an act creating and establishing the City Court of ' Pembroke in and for the County of Bryan, so as to provide for the disposition of all suits, cases, papers, processes, books, indices and other matters of said court; and for other purposes.
Referred to Committee on County and Municipal Governments.

272

JOURNAL OF THE SENATE,

HB 332. By Mr. Webb of the 65th:
A bill to amend an act creating and establishing the office of county treasurer of Bryan County, so as to raise the salary of the treasurer of Bryan County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 339. By Messrs. Hawkins of the 139th, Hood of the 124th, Brown of the 120th, Adams of the 125th, Longino of the 122nd and others:
A bill to amend an act entitled "an act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education", so as to increase the amount of dependent benefits from 50% to 60%; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 340. By Messrs. Hawkins of the 139th, McClatchey of the 138th, Lambros of the 130th, Hood of the 124th, Brown of the 120th and others:
A bill to amend an act entitled "An act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education", so as to provide that a teacher or employee may designate certain dependents as beneficiaries; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 341. By Messrs. Hawkins of the 139th, Dillon of the 128th, Hood of the 124th, Adams of the 125th, Grier of the 132nd, Brown of the 120th and others:
A bill to amend an act entitled "An act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education, so as to provide for refund of a portion of employees' contributions in certain cases; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 11. By Messrs. Abney, Snow and Hale of the 1st: A resolution compensating Gordon J. McGraw, Jr.; and for other purposes.
Referred to Committee on Appropriations.
HR 26. By Mr. Lovell of the 6th: A resolution compensating Mr. Willard York; and for other purposes.
Referred to Committee on Appropriations.

TUESDAY, FEBRUARY 1, 1966

273

HR 27. By Mr. Duncan of the 4th:
A resolution compensating the Pannin County Agricultural Association; and for other purposes.
Referred to Committee on Appropriations.

HR 41. By Mr. Richardson of the 116th: A resolution compensating L. H. Flowers; and for other purposes.
Referred to Committee on Appropriations.

HR 45. By Messrs. Snow, Ahney and Hale of the 1st: A resolution compensating Grady Barfield; and for other purposes.
Referred to Committee on Appropriations.

HR 47. By Mr. Thomas of the 77th: A resolution compensating T. R. Herndon; and for other purposes.
Referred to Committee on Appropriations.

HR 48. By Mr. Thomas of the 77th: A resolution compensating Lt. T. E. Caldwell; and for other purposes.
Referred to Committee on Appropriations.

HR 51. By Mr. Wells of the 30th:
A resolution compensating Mr. Jack W. Famhrough; and for other pur poses.
Referred to Committee on Appropriations.

HR 55. By Mr. Longino of the 122nd: A resolution compensating Mr. J. Frank Lee; and for other purposes.
Referred to Committee on Appropriations.

HR 56. By Mr. Carr of the 48th:
A resolution to compensate the Washington County Sweet Potato As sociation; and for other purposes.
Referred to Committee on Appropriations.

274

JOURNAL OF THE SENATE,

HE 97. By Mr. Reaves of the 99th:
A resolution proposing an amendment to the Constitution so as to create the Brooks County Development Authority; and for other pur poses.
Referred to Committee on County and Municipal Governments.

HR 98. By Messrs. Harris and Vaughan of the 14th:
A resolution proposing an amendment to the Constitution so as to create the Adairsville Development Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 113. By Mr. Harrison of the 98th:
A resolution proposing an amendment to the Constitution so as to create the City of Woodbine Development Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 114. By Mr. Floyd of the 7th:
A resolution proposing an amendment to the Constitution so as to create the Chattooga County Development Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 124. By Mr. Underwood of the 61st:
A resolution authorizing the Governor to execute a permanent easement on behalf of the State of Georgia over certain property located in Little Ocmulgee State Park to the Commissioners of Roads and Re venues of Wheeler County, to be used in connection with the TelfairWheeler Airport; and for other purposes.
Referred to Committee on Rules.

HR 136. By Mr. Leonard of the 3rd:
A resolution authorizing the exchange and conveyance of certain propperty rights in real property located in Murray County, by and between the State of Georgia and The Cohutta Talc Company, a Georgia Corpo ration; and for other purposes.
Referred to Committee on Rules.

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275

HR 139. By Messrs. Harris and Smith of the 85th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local act for the creation of a Charter Commission to study all matters relating to the con solidation of the government of the City of Brunswick and Glynn County and for the establishing of a successor government; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 140. By Mr. Floyd of the 7th:
A resolution proposing an amendment to the Constitution so as to change the manner of election and terms of office of the members of the Board of Education of Chattooga County; and for other pur poses.
Referred to Committee on County and Municipal Governments.

The following bills and resolutions were read the second time:

SB 134. By Senator Webb of the llth:
A bill relating to general rules of construction for statutes so as to provide for additional time within which to complete certain actions when the final date for completing such action shall fall on a public or legal holiday; and for other purposes.
SB 135. By Senator Webb of the llth:
A bill to amend an Act establishing a retirement system in the State Public Schools to provide for the payment of certain contributions by teachers and on behalf of teachers becoming members of the teachers' retirement system of Georgia who are employed by employers operating a local retirement fund; and for other purposes.
SB 136. By Senator Webb of the llth:
A bill relating to the time and place for determining the sufficiency of pleadings so as to remove certain provisions, relating to amend ments, which provisions the Supreme Court of Georgia has declared unconstitutional; and for other purposes.
SB 137. By Senators Webb of the llth, Johnson of the 42nd, Gillis of the 20th, Lee of the 47th and Flowers of the 10th:
A bill to amend an Act establishing the State Employees' Retirement System to provide for benefits for future employees under the in voluntary separation provisions; and for other purposes.

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SB 138. By Senator Webb of the llth:
A bill to amend an Act entitled the "Motor Vehicle Certificate of Title Act" to provide for the destruction of certain motor vehicle manufacturers' serial plates and the admissibility in evidence of records reflecting the destruction of such plates; and for other purposes.

SB 139. By Senator Tribble of the 3rd, Webb of the llth, Carter of the 14th, Rowan of the 8th, Poster of the 21st, and others:
A bill to amend an Act creating the Department of Public Safety and providing for the issuance, revocation, suspension and renewal of driver licenses to increase the minimum age required of applicants for an operator's class driver license; and for other purposes.

SB 140. By Senators Minish of the 48th, Owens of the 49th and Lee of the 47th:
A bill relating to the application of minors under the age of 18 for an operator's license to drive a motor vehicle so as to provide that any applicant under the age of 21 must furnish evidence of completing high school or enrollment at the time; and for other purposes.

SR 46. 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; and for other purposes.

SR 47. By Senator Yancey of the 33rd:
A resolution proposing an amendment to the Constitution so as to provide that the members of the Board of Education of Cobb County shall be elected in the same manner as county officers; to change the compensation of the members of the board of education; to pro vide for the submission of this amendment for ratification or re jection; and for other purposes.

HB 177. By Messrs. Carnes of the 129th, Daugherty of the 134th, Gates and Cook of the 123rd:
A bill to amend an act to establish the Criminal Court of Atlanta, so as to provide for the number of investigators which may be appointed by the solicitor-general; and for other purposes.

HB 211. By Mr. McClatchey of the 138th:
A bill to amend the act approved August 20, 1927, providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees of such cities, so as to provide that in determin ing pensions for total and permanent disability or death, fractional parts of years of service shall be counted; and for other purposes.

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277

HB 212. By Mr. McClatchey of the 138th:
A bill to amend the act approved August 20, 1927, providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees of such cities, so as to repeal the provisions providing for a refund of contributions by members to such member or his benefieiaty when such member shall be compelled to retire because of age or disability, or shall die; and for other purposes.

HB 213. By Mr. McClatchey of the 138th:
A bill to amend the act approved August 20, 1927, providing that cities having a population of more than 150,000, shall furnish pensions to officers and employees of such cities, so as to provide that fractional parts of years of service shall be counted in determining the pension of a beneficiary of an employee who shall die while in active service; and for other purposes.

HB 214. By Mr. McClatchey of the 138th:
A bill to amend the act approved August 20, 1927, providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees of such cities, so as to provide that fractional parts of years shall be counted in determining the pro rata pension when the officer or employee has become totally and permanently disabled by result of injuries sustained in the line of duty at any time after 5 years' service; and for other purposes.

HB 215. By Mr. McClatchey of the 138th:
A bill to amend the act approved August 20, 1927, providing that cities having a population of more than 150,000, shall furnish pensions to officers and employees of such cities, so as to repeal the provisions providing that no person shall be granted any pension for disability until such person has been in the employment of the city for 15 years; and for other purposes.

HB 266. By Mr. Savage of the 58th:
A bill to amend an act placing the ordinary of Macon County on a salary basis in lieu of the fee system of compensation, so as to change the compensation of the ordinary; and for other purposes.

HB 267. By Mr. Savage of the 58th:
A bill to amend an act placing the tax receiver of Macon County on a salary basis in lieu of the fee system of compensation, so as to change the compensation of the tax receiver; and for other purposes.

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HB 269. By Mr. McCracken of the 49th:
A bill to establish a new charter for the City of Louisville, so as to provide that the book for the registration of voters shall be opened at all times except for periods of 20 days before each election; and for other purposes.

HB 274. By Mr. Brackin of the 87th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Miller County, so as to change the provisions relating to the compensation of the chairman; and for other purposes.

HB 275. By Mr. Ployd of the 7th:
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 276. By Mr. Ployd of the 7th:
A bill to amend an act placing the sheriff of the superior court of Chattooga County on a salary system, 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 277. By Mr. Floyd of the 7th:
A bill to amend an act placing the clerk of the Superior Court of Chattooga County on a salary, so as to provide that the clerk of the superior court shall not receive any compensation for his services as ex-officio clerk of the City Court of Chattooga County; and for other purposes.

HB 278. By Mr. Floyd of the 7th:
A bill to repeal an act establishing the City Court of Chattooga County, so as to provide an effective date; and for other purposes.

HB 279. By Messrs. Lee, Gary and Harrell of the 35th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Clayton County, so as to provide that the Clayton County purchasing agent shall be a full-time employee of Clayton County and shall be eligible to come under the Clayton County Civil Service System; and for other purposes.

HB 280. By Mr. Otwell of the 10th:
A bill to change the compensation of the clerk of the superior court, the sheriff and the tax commissioner of Forsyth; and for other pur poses.

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279

HB 281. By Mr. Otwell of the 10th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Forsyth County, so as to provide for an expense al lowance for the chairman of the board; and for other purposes.

HB 282. By Mr. Otwell of the 10th:
A bill to abolish the present method of compensating the sheriff of Dawson County, known as the fee system; and for other purposes.

HB 285. By Messrs. Hale, Abney and Snow of the 1st:
A bill to amend an act abolishing the officers of the tax collector and tax receiver of Bade County and creating in lieu thereof the office of tax commissioner, so as to change the compensation of the tax commissioner; and for other purposes.

HB 286. By Messrs. Hale, Abney and Snow of the 1st:
A bill to amend an act creating the office of Commissioner of Roads and Revenue for Bade County, so as to change the compensation of the commissioner; and for other purposes.

HB 287. By Messrs. Hale, Abney and Snow of the 1st:
A bill to amend an act placing the ordinary of Bade County upon an annual salary, so as to increase the maximum clerical expense al lowance for the ordinary; and for other purposes.

HB 288. By Messrs. Hale, Abney and Snow of the 1st:
A bill to abolish the present mode of compensating the sheriff of Bade County, known as the fee system; and for other purposes.

HB 291. By Mr. Wells of the 30th:
A bill to amend an act incorporating the town of Farmington in the County of Oconee, so as to provide for an election for the mayor and council; and for other purposes.

HB 293. By Mr. Caldwell of the 51st:
A bill to place the ordinary of Upson County upon an annual salary in lieu of the fee system of compensation; and for other purposes.

HB 294. By Mr. Caldwell of the 51st:
A bill to amend Code section 24-1801, relating to clerks of county ordinaries, so as to authorize the ordinaries in certain counties to

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appoint a clerk whose salary shall be paid from county funds; 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 120. Do Pass as Amended. SB 121. Do Pass as Amended.
Respectfully submitted, Plunkett of 30th District, Chairman.

Mr. Johnson of the 52nd 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 88. Do Pass as Amended. SB 89. Do Pass as Amended.
Respectfully submitted, Johnson of 42nd District, Chairman.

Mr. Rowan of the 8th District Secretary of the Committee on Rules sub mitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following resolu tion of the Senate and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SR 36. Do Pass by Substitute. Respectfully submitted, Rowan of 8th District, Secretary

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281

Mr. Carter of the 14th District Secretary of the Committee on Educational Matters submitted the following report:

Mr. President:

Your Committee on Educational Matters has had under consideration the following bills of the Senate and House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SB 8. Do Not Pass. SB 56. Do Pass by Substitute. SB 123. Do Pass. SR 31. Do Not Pass. HB 209. Do Pass.
Respectfully submitted, Carter of 14th District, Secretary

Mr. Smalley of the 28th District Chairman of the Committee on Judiciary submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bills and resolutions of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 122. Do pass by substitute. HB 200. Do pass. HR 30. Do pass. HR 31. Do pass. SB 53. Do pass by substitute. SB 97. Do pass. SB 115. Do pass. SB 126. Do pass. SB 130. Do pass. HB 42. Do pass. HB 106. Do pass.
Respectfully submitted, Smalley of 28th District, Chairman.

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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 39. Do pass.
SB 99. Do pass.
HB 256. Do pass.
Respectfully submitted,
Downing of 1st District,
Chairman.

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 Senate and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SB 127. Do pass as amended. Respectfully submitted. Yancey of 33rd District, Secretary

Mr. Owens of the 49th District Secretary 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 Secretary, to report the game back to the Senate with the following recommendations:
SB 77. Do pass. SB 78. Do pass as amnded. SB 114. Do pass.
Respectfully submitted. Owens of 49th District, Secretary

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283

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

SR 36. 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 substitute:

That the Senate adopt a new Rule 172-A, as follows:

When considering the appropriations bill in the Committee of the whole, each section may be amended by a majority of a quorum, but the section shal Irequire a constitutional majority of the Senate for adoption.
"In the event any section or part of the appropriations or supplemental appropriations bill shall fail to receive 28 affirmative votes, said action of the Committee shall constitute a Committee amendment recommend ing removal of said section or part from said bill."

On the adoption of the substitute, the ayes 40, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.
On the adoption of the resolution, the ayes were 40, nays 0.
The resolution, having received the requisite constitutional majority, was adopted by substitute.
Senator Smalley of the 28th asked unanimous consent that the following bill of the House be recommitted to the Committee on Judiciary:
HB 200. By Messrs. Hale, Abney and Snow of the 1st, Harris of the 85th, Howard of the 101st, Lee of the 79th and others: 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; to provide for certain exceptions and exemptions from the euaeauional requirements; and for other purposes.

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The consent was granted.

Senator Hill of the 29th, Chairman of the Committee on Senate Administra tive 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 25. SB 28. SB 29. SB 33. SB 68. SB 75. SB 100. SB 110. SR 42.
Respectfully submitted, Hill of the 29th District, Chairman.
HB 2. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th: A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1967, in addition to any other ap propriations heretofore or hereafter made for the operation of the agencies of the State; and for other purposes.
The president resolved the Senate into the Committee of the Whole.

The Committee of the Whole was dissolved.

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.

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285

Senate Chamber, Atlanta, Georgia, Wednesday, February 2, 1966.

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

Scripture reading was offered by Dr. S. W. Dendy, pastor, First Presbyterian Church, Dalton, Georgia.

Prayer was offered by the Reverend Jack Smith, pastor, First Methodist Church, Dublin, Georgia.

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

Adams Ballew Bateman Broun Coggin Dean Downing Edenfield Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory 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 Gregory of the 15th reported that the journal of yesterday's proceedings had been read and found correct.

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

Senator 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.

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3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.

The consent was granted.

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

HB 162. My Mr. Games of the 129th:
A bill to provide that in all counties having a population of 500,000 or more, the office of Justice of the Peace Emeritus shall be created; and for other purposes.

HB 236. By Messrs. Carr and Rowland of the 48th:
A bill to amend an act incorporating the City of Sandersville, so as to require public notice of a hearing on any new zoning ordinance or change in any existing zoning ordinance of the City of Sandersville; and for other purposes.

HB 345. By Mr. Collins of the 88th:
A bill relating to the City of Pelham, so as to authorize the mayor and council to alter, change, close and abandon streets and alleys when found beneficial to do so; and for other purposes.

HB 347. By Messrs. Wilson of the 102nd, Howard and McDaniell of the 101st, Henderson of the 102nd and Jordan of the 103rd:
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 ad ditional meetings; and for other purposes.

HB 348. By Mr. Underwood of the 61st:
A bill to abolish the present mode of compensating the Sheriff of Treutlen County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

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287

HB 349. By Mr. Underwood of the 61st:
A bill to abolish the present mode of compensating the sheriff of Montgomery County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 359. By Messrs. Pickard, Brinkley and Jones of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A bill to amend an act creating the Board of Commissioners of Roads and Revenues of Muscogee County, so as to change the time of the election of a chairman and vice-chairman for said Board from the first meeting in January following the General Election at which a new member shall have been elected; and for other purposes.

HB 360. By Messrs. Pickard, Brinkley and Jones of the 112th, Berry and Thompson of the 110th, Shields and Thompson of the lllth:
A bill to amend Code Section 23-1704, providing for contractors to give bond on contracts for building or repairing and public building, so as to provide that in certain counties that one good and solvent security for the faithful performance of the contract and to indemnify the county for any damages occasioned by failure, shall be sufficient; and for other purposes.

HB 361. By Messrs. Pickard and Jones of the 112th, Berry and Thompson of the 110th, Shields and Thompson of the lllth:
A bill to amend an act known as the Urban Redevelopment Law, so as to provide that in certain counties the term "municipality" used in said Act shall also mean "County" and to provide further that in any such county all powers, privileges, duties and immunities now or here tofore granted to municipalities are hereby granted to every such county; and for other purposes.

HB 362. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A bill to amend an act regulating traffic on the streets and highways of this State, so as to provide that in certain counties, law enforcement vehicles may be equipped with a lighted lamp displaying a flashing blue light; and for other purposes.

HB 364. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thompson of the 110th, Shields and Thompson of the lllth:
A bill to amend an act providing for a permanent pension fund for certain present and future employees of Muscogee County; and for other purposes.

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JOURNAL OF THE SENATE,

HB 365. By Mr. Doster of the 73rd:
A bill to abolish the present mode of compensating the sheriff of Wilcox County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 367. By Messrs. Lee, Gary and Harrell of the 35th:
A bill to change the name of a certain militia district located in Clayton County; and for other purposes.

HB 378. By Mr. Hadaway of the 46th:
A bill to amend an act creating a new charter for the City of Gray, so as to change the corporate limits of said city; to provide for filling vacancies in the offices of mayor and councilman; and for other pur poses.

HB 381. By Messrs. Howard and McDaniell of the 101st, Wilson and Henderson of the 102th and Jordan of the 103rd:
A bill to amend an act creating a new charter for the City of Acworth, so as to change election laws for the Mayor and Board of Alderman; and for other purposes.

HR 123. By Mr. Smith of the 54th:
A resolution authorizing the conveyance of a certain tract of land in Emanuel County; and for other purposes.

HR 40. By Mr. Richardson of the 116th:
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.

HR 39. By Mr. Richardson of the 116th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the exemption from taxation of all facilities installed for the primary purpose of reducing air or water pollution; and for other purposes.

HR 120. By Mr. Minge of the 13th:
A resolution authorzing and directing the State Library to furnish certain volumes of the Georgia Reports and volumes of the Georgia Laws to the Judge of the Superior Court of the Rome Judicial Circuit; and for other purposes.

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289

HR 121. By Mr. Minge of the 13th:
A resolution authorizing the State Library to furnish the governing authority of Floyd County with a complete set of the Georgia Laws; and for other purposes.

HB 247. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend an act creating A Department of Public Safety, so as to provide for the issuance of honorary drivers' licenses without cost to certain veterans of this State or certain servicemen of this State; and for other purposes.

HR 128. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A resolution to ratify, approve and confirm the Executive Order of the Governor, dated May 31, 1965, suspending the collection of certain in come tax for persons serving in Viet Nam; and for other purposes.

HR 87. By Messrs. Chandler and Harrington of the 47th:
A resolution authorzing the leasing of a certain tract of State-owned property; and for other purposes.

HR 24. By Mr. Jones of the 112th:
A resolution proposing an amendment to the Constitution so as to provide that service at Gracewood State School and Hospital or at any other facility operated by or under the jurisdiction of the State Department of Public Health shall be applicable service for the repay ment of medical loans and scholarships and that such service shall be retroactive; and for other purposes.

HB 199. Mr. Hale of the 1st:
A bill known as the "State Office Building Authority Act", so as to change the definition of the word "project"; and for other purposes.

HB 198. By Mr. Hale of the 1st:
A bill to amend an act known as the "General Appropriations Act of 1965", so as to provide that the funds appropriated to the State High way Department for the year 1966, for payment of lease rental obliga tions to the State Office Building Authority, shall include the sum of $212,439 specifically designated for the payment of one year's rent on the State Highway Department Laboratory Building; and for other pur poses.

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JOURNAL OF THE SENATE,

HB 47. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
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 a personal exemption of $1200 for each son, stepson, daughter, stepdaughter, or ward of the taxpayer if such dependent is a student; and for other purposes.

HB 255. By Messrs. Lowrey of the 13th, Lewis of the 50th, Brackin of the 87th, Matthews of the 94th, Bush of the 75th, and Wells of the 30th:
A bill to create within the Department of Agriculture of the State of Georgia a division to be known as the State Institutional Farms Division; and for other purposes.

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

SB 159. By Senator Dean of the 6th:
A bill to declare that the practice of nudism or the participation in the practice of nudism in any manner whatsoever shall be against the public policy of the State of Georgia; to provide definitions of nudism; and for other purposes.
Referred to Committee on Rules.

SB 160. By Senator Dean of the 6th:
A bill relating to assistance to electors when voting and the number of electors a person shall assist in any primary or election, so as to change the number of electors a person shall assist in any primary or election; and for other purposes.
Referred to Committee on Rules.

SB 161. By Senator Dean of the 6th:
A bill relating to the Attorney General and the Department of Law to provide that the Attorney General shall be authorized to defend state officials and employees for certain criminal offenses; and for other puroposes.
Referred to Committee on Rules.

SB 162. By Senators Carter of the 14th and Plunkett of the 30th:
A bill to require the State Budget Officer to furnish fiscal notes for all bills increasing or decreasing State revenues, existing appropria-

WEDNESDAY, FEBRUARY 2, 1966

291

tions, or the fiscal liability of the State; making appropriations; provid ing for any new agency of the State or any new program of any existing agency of the State; and for other purposes.
Referred to Committee on Appropriations.

SB 163. By Senator Fincher of the 54th:
A bill to authorize the Governor to offer a reward for information leading to the arrest and conviction of persons involved in the theft of motor vehicles; and for the purposes.
Referred to Committee on Rules.

SB 164. By Senator Sanders of the 41st, Wesberry of the 37th, Moore of the 31st, Dean of the 6th and Miller of the 43rd:
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; and for other purposes.
Referred to Committee on Interstate Cooperation.

SB 165. 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; and for other purposes.
Referred to Committee on Industry and Labor.

SB 166. By Senators Edenfield of the 4th, Kilpatrick of the 44th, McKenzie of the 17th, Bateman of the 27th, Loggins of the 63rd and Lee of the 47th:
A bill to amend an Act relating to the punishment of any person who shall descreate the burial place of any human body so as to provide life imprisonment in lieu of the death penalty; and for other purposes.
Referred to Committee on Judiciary.

SB 167. By Senators Edenfield of the 4th, Kilpatrick of the 44th, McKenzie of the 17th, Bateman of the 27th, Loggins of the 53rd and Lee of the 47th:
A bill prohibiting the use or handling of poisonous snakes or reptiles in such manner as will endanger the health or safety of the public so as to provide for life imprisonment in lieu of the death penalty for the mishandling of snakes when death ensues; and for other purposes.
Referred to Committee on Judiciary.

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SB 168. By Senators Edenfield of the 4th, Kilpatrick of the 44th, McKnezie of the 17th, Bateman of the 27th, Loggins of the 53rd and Lee of the 47th:
A bill regulating the manufacture, sale, possession, etc., of narcotic drugs in the State of Georgia so as to provide life imprisonment in lieu of the death penalty for the second or subsequent offense for selling or furnishing a minor with any narcrotic drug; and for other purposes.
Referred to Committee on Judiciary.

SB 169. By Senators Edenfield of the 4th, Kilpatrick of the 44th, McKenzie of the 17th, Bateman of the 27th, Logging of the 53rd and Lee of the 47th:
A bill relating to crimes and punishments to provide life imprisonment in lieu of the death penalty for certain crimes; and for other purposes.
Referred to Committee on Judiciary.

SB 170. By Senators Edenfield of the 4th, Kilpatrick of the 44th, McKenzie of the 17th, Bateman of the 27th, Loggins of the 53rd and Lee of the 47th:
A bill to provide that the death penalty shall not be imposed upon conviction for any crime punishable by death unless the jury shall include in its verdict a recommendation that such sentence be imposed; and for other purposes.
Referred to Committee on Judiciary.

SB 171. By Senators Johnson of the 42nd, Miller of the 43rd, Sanders of the 41st, Wesberry of the 37th, Minish of the 48th, Johnson of the 38th, Maclntyre of the 40th and Kilpatrick of the 44th:
A bill to amend the Metropolitan Atlanta Rapid Transit Authority Act of 1965 by repealing certain provisions therein with respect to the Interim Study Commission and the holding of referenda as a prerequi site for further participation in the Authority by the local governing bodies of the local governments within the metropolitan area; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

SB 172. By Senator Johnson of the 38th:
A bill to provide for the minimum hourly wage to be paid to certain employees of this State; to provide a penalty for failure to pay said minimum hourly wage; and for other purposes.
Referred to Committee on Industry and Labor.

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293

SB 173. By Senators Carter of the 14th and Rowan of the 8th:
A bill to amend an Act requiring the State Auditor to establish an equalized adjusted school property tax digest so as to change the provisions in establishing such digest so as to authorize the use of appraisals; to change the manner of appraising timberland; and for other purposes.
Referred to Committee on Banking and Finance.

SB 174. By Senators Broun of the 46th and Hall of the 52nd:
A bill to amend an Act establishing a retirement system in the State Public schools so as to provide that any member of the teachers' retirement system may make voluntary contributions to said system for the benefit of such member provided such member agrees to certain regulations; and for other purposes.
Referred to Committee on Retirement.

SR 61. By Senator Spinks of the 9th:
A resolution proposing an amendment to the Constitution to provide that in the case of the death of the Governor-elect the Lieutenant Governor-elect shall succeed in office; and for other purposes.
Referred to Committee on Rules.

SR 52. By Senator Rowan of the 8th: A resolution amending the Rules of the Senate; and for other purposes.
Referred to Committee on Rules.

SR 53. By Senator Downing of the 1st, Gillis of the 20th, Edenfield of the 4th and Lee of the 47th:
A resolution to change the rules of the Senate; and for other purposes.
Referred to Committee on Rules.

SR 55. By Senators Plunkett of the 30th, Webb of the llth and Johnson of the 42nd:
A resolution authorizing a statue, bust or other memorial of Walter Franklin George to be placed in the halls of the Capitol of the State of Georgia.
Referred to Committee on Rules.

HB 47. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend Code section 92-3106, relating to personal exemptions and credits that may be deducted from net income in determining State

294

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income taxes, so as to allow a personal exemption of $1200 for each son, stepson, daughter, stepdaughter, or ward of the taxpayer if such dependent is a student; and for other purposes.
Referred to Committee on Banking and Finance.

HB 162. By Mr. Carnes of the 129th:
A bill to provide that in all counties having a population of 500,000 or more, the office of justice of the peace emeritus shall be created; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 198. By Mr. Hale of the 1st:
A bill to amend an act known as the "General Appropriations Act of 1965", so as to provide that funds appropriated to the State Highway Department for the year 1966, for payment of lease rental obligations to the State Office Building Authority, shall include the sum of $212,439 specifically designated for the payment of one year's rent on the State Highway Department Laboratory Building; and for other purposes.
Referred to Committee on Appropriations.

HB 199. By Mr. Hale of the 1st:
A bill known as the "State Office Building Authority Act", so as to change the definition of the word "project"; and for other purposes.
Referred to Committee on Rules.

HB 236. By Messrs. Carr and Rowland of the 48th:
A bill to amend an act incorporating the City of Sandersville, so as to require public notice of a hearing on any new zoning ordinance or change in any existing zoning ordinance of the City of Sandersville; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 247. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend an act creating a Department of Public Safety, so as to provide Jor the issuance of honorary drivers' licenses without costs to certain veterans of this State or certain servicemen of this State; and for other purposes.
Referred to Committee on Defense and Veterans Affairs.

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295

HB 255. By Messrs. Lowrey of the 13th, Lewis of the 50th, Brackin of the 87th, Matthews of the 94th, Rush of the 75th and Wells of the 30th:
A bill to create within the Department of Agriculture of the State of Georgia a division to be known as the State Institutional Farms Division; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HB 345. By Mr. Collins of the 88th:
A bill relating to the City of Pelham, so as to authorize the mayor and council to alter, change, close and abandon streets and alleys when found beneficial to do so; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 347. By Messrs. Wilson and Henderson of the 102nd, Howard and McDaniell of the 101st and Jordan of the 103rd:
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 compen sation to the mayor and city council for attendance at such additional meetings; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 348. By Mr. Underwood of the 61st:
A bill to abolish the present mode of compensating the sheriff of Treutlen 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 349. By Mr. Underwood of the 61st:
A bill to abolish the present mode of compensating the sheriff of Montgomery County, known as the fee system; to provide in lieu there of an annual salary; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 359. By Messrs. Pickard, Brinkley and Jones of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A bill to amend an act creating the Board of Commissioners of Roads and Revenues of Muscogee County, so as to change the time of the election of a chairman and vice-chairman for said board from the first meeting in January following the general election at which a new member shall have been elected; and for other purposes.
Referred to Committee on County and Municipal Governments.

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JOURNAL OF THE SENATE,

HB 360. By Messrs. Pickard, Brinkley and Jones of the 112th, Berry and Thompson of the 110th and others:
A bill to amend Code section 23-1704, providing for contractors to give bond on contracts for building or repairing any public building, so as to provide that in certain counties one good and solvent security for the faithful performance of the contract and to indemnify the county for any damages shall be sufficient; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 361. By Messrs. Pickard, Brinkley and Jones of the 112th, Berry and Thompson of the 110th and others:
A bill to amend an act known as the Urban Redevelopment Law, so as to provide that in certain counties the term "municipality" used in said act shall also mean "county" and to provide further that in any such county all powers, privileges, duties and immunities now or here tofore granted to every such municipality are hereby granted to every such county; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 362. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thompson of the 110th and others:
A bill to amend an act regulating traffic on the streets and highways of this State, so as to provide that in certain counties, law enforcement vehicles may be equipped with a lighted lamp displaying a flashing blue sign; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 364. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thompson of the 110th, Shields and Thompson of the lllth:
A bill to amend an act providing for a permanent pension fund for certain present and future employees of Muscogee County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 365. By Mr. Doster of the 73rd:
A bill to abolish the present mode of compensating the sheriff of Wilcox 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.

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297

HB 367. By Messrs. Lee, Gary and Harrell of the 35th:
A bill to change the name of a certain militia district located in Clayton County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 378. By Mr. Hadaway of the 46th:
A bill to amend an act creating a new charter for the City of Gray, so as to change the corporate limits of said city; to provide for filling vacancies in the offices of mayor and councilman; and for other pur poses.
Referred to Committee on County and Municipal Governments.

HB 381. By Messrs. Howard and McDaniell of the 101st, Wilson and Henderson of the 102nd and Jordan of the 103rd:
A bill to amend an act creating a new charter for the City of Acworth so as to change election laws for the mayor and board of alderman; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 24. By Mr. Jones of the 112th:
A resolution proposing an amendment to the Constitution so as to provide that service at Gracewood State School and Hospital or at any other facility operated by or under the jurisdiction of the State Department of Public Health shall be applicable service for the re payment of medical loans and scholarships and that such service shall be retroactive; and for other purposes.
Referred to Committee on Health and Welfare.

HR 39. By Mr. Richardson of the 116th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the exemption from taxation of all facilities installed for the primary purpose of reducing air or water pollution; and for other purposes.
Referred to Committee on Health and Welfare.

HR 40. By Mr. Richardson of the 116th:
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,

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historic, health, business, residential and recreational purposes; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 87. By Messrs. Chandler and Harrington of the 47th:
A resolution authorizing the leasing of a certain tract of State owned property; and for other purposes.
Referred to Committee on Rules.

HR 120. By Mr. Minge of the 13th:
A resolution authorizing and directing the State Library to furnish certain volumes of the Georgia Reports and the Georgia Court of Appeals Reports and volumes of the Georgia Laws to the judge of the Superior Court of the Rome Judicial Circuit; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 121. By Mr. Minge of the 13th:
A resolution authorizing the State Library to furnish the governing authority of Floyd County with a complete set of the Georgia Laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 123. By Mr. Smith of the 54th:
A resolution authorizing the conveyance of a certain tract of land in Emanuel County; and for other purposes.
Referred to Committee on Rules.

HR 128. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A resolution to ratify, approve and confirm the executive order of the Governor, dated May 31, 1965, suspending the collection of certain income tax for persons serving in Viet Nam; and for other purposes.
Referred to Committee on Rules.

The following bills and resolutions were read the second time:

SB 141. By Senators Rowan of the 8th and Carter of the 14th:
A bill to amend Code Section 68-201 so as to provide that said Sections shall not apply to four wheel trailers with no springs; and for other purposes.

WEDNESDAY, FEBRUARY 2, 1966

299

SB 142. By Senators Hill of the 29th, McGill of the 24th, McKenzie of the 17th and Edenfield of the 4th:
A bill to provide that if any county digest shall be returned by the State Revenue Commission for the purpose of equalizing the assess ment of various classes of property for ad valorem taxation purposes, the millage of such county shall be reduced or increased so that the overall revenue shall not deviate more than 10% of the previous years revenue; and for other purposes.

SB 143. By Senators Pennington of the 45th, Jackson of the 16th and Carter of the 14th:
A bill to amend an Act creating the Department of Public Safety to provide for the issuance of honorary drivers' licenses without cost to certain veterans of this State or certain servicemen of this State; and for other purposes.

SB 144. By Senators Carter of the 14th and Plunkett of the 30th:
A bill to amend an Act creating the Georgia State Scholarship Com mission to provide that the Georgia State Scholarship Commission shall be an agency within the Executive Branch of State Government and shall be a budget unit of the State Government; and for other purposes.

SB 145. By Senators Carter of the 14th and Plunkett of the 30th:
A bill to amend an Act creating a non-profit corporation known as the Georgia Higher Education Assistance Corporation so as to provide that the Georgia Higher Education Assistance Corporation shall be a budget unit of the State of Georgia; and for other purposes.

SB 146. By Senators Carter of the 14th and Plunkett of the 30th:
A bill to amend an Act creating a non-profit corporation known as the Georgia Higher Education Assistance Corporation so as to provide that the Georgia Higher Education Assistance Corporation shall be a budget unit of the State of Georgia; and for other purposes.

SB 147. By Senators Thompson of the 34th, Coggin of the 35th, Ward of the 39th, Johnson of the 38th, Maclntyre of the 40th and others:
A bill to amend an Act establishing a new Charter for the City of East Point in Fulton County, as amended; and other purposes.

SB 148. By Senators Thompson of the 34th, Coggin of the 35th, Ward of the 39th, Johnson of the 38th, Maclntyre of the 40th and others:
A bill to amend an Act establishing a new Charter for the City of East Point in Fulton County, as amended; and for other purposes.

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JOURNAL OF THE SENATE,

SB 149. By Senators Thompson of the 34th, Coggin of the 35th, Ward of the 39th, Johnson of the 38th and Maclntyre of the 40th:
A bill to amend "An Act to Incorporate the City of Hapeville, Georgia" and the several Acts amendatory thereof; and for other purposes.

SB 150. By Senators Thompson of the 34th, Coggin of the 35th, Ward of the 39th, Johnson of the 38th, Maclntyre of the 40th and others:
A bill to amend an Act establishing a new charter for the City of East Point in Fulton County, as amended; and for other purposes.

SB 151. By Senators Webb of the llth, Lee of the 47th, Flowers of the 10th, Gillis of the 20th and Johnson of the 42nd:
A bill to amend an Act establishing the State Employees' Retirement System so as to provide for benefits for future employees under the involuntary separation provision; and for other purposses.

SB 152. By Senator Wesberry of the 37th:
A bill relating to taxation on certain intangible property so as to provide that no person shall be required to report such property and pay taxes thereon if the amount due is $5.00 or less; and for other purposes.

SB 153. By Senator Kidd of the 25th:
A bill to amend an Act authorizing the chartering and empowering of corporations so as to provide that any corporation whose charter or any renewal will not have expired and whose corporate rights, powers, privileges and immunities may have lapsed by reason of non-payment of taxes will be resumed when full payment of taxes occurs; and for other purposes.

SB 154. By Senator Kidd of the 25th:
A bill relating to the impostion, rate and computation of State in come taxes to provide for certain deductions from the net income of certain resident individuals who have service-connected disabilities officially rated by the Veterans Administration of the United States; and for other purposes.

SB 155. By Senator Kidd of the 25th:
A bill to declare the 30th day of May of each year, commonly known as National Memorial Day, to be a public and legal holiday in this State and to declare such day to be dies non juridicus; and for other purposes.

WEDNESDAY, FEBRUARY 2, 1966

301

SB 156. By Senator Carter of the 14th:
A bill establishing a retirement system for aged and incapacitated teachers in the State Public Schools so as to provide for payment of certain contributions by and on behalf of teachers becoming members of the teachers' retirement system of Georgia who are employed by employers operating a local retirement fund; and for other purposes.

SB 157. By Senators Padgett of the 23rd and Holley of the 22nd:
A bill to provide that in all counties of this State having a certain population the senior judge of the superior court of said counties shall be authorized and empowered to appoint a jury clerk to serve at the pleasure of said judge; and for other purposes.

SB 158. By Senator Fincher of the 51st:
A bill relating to the duties of drug store proprietors respecting registered pharmacists to provide that drugs, medicines or poisons shall not be dispensed except under certain conditions; and for other purposes.

SR 49. By Senators Hall of the 52nd, Jackson of the 16th, and Kendrick of the 32nd:
A resolution creating an interim study committee to study the feas ibility of establishing a central computerized criminal records system for the State of Georgia; and for other purposes.

HB 6. By Messrs. Hull of the 104th, Conger of the 89th, Jones of the 112th, Harris of the 85th, Lambert of the 38th, Jones of the 76th, Caldwell of the 51st, Walling of the 118th, Fleming of the 106th and Murphy of the 26th:
A bill to comprehensively revise, supersede, and modernize pretrial, trial and certain posttrial procedures in civil cases; and for other pur poses.

HB 164. By Messrs. Wells of the 30th, Richardson of the 116th, Jones of the 112th, Steis of the 100th and Lowrey of the 13th:
A bill to amend an act amending the adoption laws, so as to change the waiting period before final adoption; and for other purposes.

HB 305. By Mr. Clark of the 2nd:
A bill to repeal an act creating a Board of Utility Commissioners for Catoosa County, so as to provide that all vacancies on the Board of Utility Commissioners shall be filled by appointment by the governing authority; and for other purposes.

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JOURNAL OP THE SENATE,

HB 308. By Mr. Moore of the 12th:
A bill to amend an act placing the clerk of the Superior Court of Stephens County upon an annual salary, so as to increase the allot ment of county funds for the purpose of compensating personnel within his office; and for other purposes.

HB 309. By Mr. Moore of the 12th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues in the County of Stephens, so as to change the terms of office of the commissioners; and for other purposes.

HB 311. By Mr. Moore of the 12th:
A bill to amend an act placing the ordinary of Stephens County upon an annual salary, so as to increase the allotment to the ordinary for the purpose of compensating personnel within his office; and for other purposes.

HB 312. By Mr. Savage of the 58th:
A bill creating a Small Claims Court in each county having a certain population; and for other purposes.

HB 313. By Mr. Collins of the 62nd:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Toombs County, so as to change the maximum com pensation of the clerk of the Board of Commissioners; and for other purposes.

HB 315. By Messrs. Conger and Dollar of the 89th:
A bill to abolish the present method of compensating the sheriff of Decatur County, known as the fee system; and for other purposes.

HB 316. By Messrs. Conger and Dollar of the 89th:
A bill to amend an act relating to the establishment of the City Court of Bainbridge in the County of Decatur, so as to provide that the sheriff of the City Court of Bainbridge shall receive no compensation for his services as such except which is prescribed for his duties as sheriff of Decatur County; and for other purposes.

HB 317. By Messrs. Conger and Dollar of the 89th:
A bill to amend an act creating a new charter for the City of Bain bridge, so as to decrease the number of aldermen; and for other pur poses.

WEDNESDAY, FEBRUARY 2, 1866 .

303

HB 320. By Messrs. Carley, Palmer, Malone and Vaughn of the 117th, Harris, Levitas, Walline: and Parrar of the 118th, Bean, Evenson, Higginbotham and Westlake of the 119th:
A bill to fix the salary of the judge of the juvenile court in certain counties; and for other purposes.

HB 328. By Messrs. Sullivan, Barfield and Bennett of the 95th:
A bill to place the sheriff of Lowndes County upon an annual salary; to provide for th disposition of all fees and commissions formerly allowed the sheriff as compensation; and for other purposes.

HB 331. By Mr. Webb of the 65th:
A bill to repeal an act creating and establishing the City Court of Pembroke in and for the County of Bryan, so as to provide for the disposition of all suits, cases, papers, procsses, books, indices and other matters of said court; and for other purposes.

HB 332. By Mr. Webb of the 65th:
A bill to amend an act creating and establishing the office of county treasurer of Bryan County, so as to raise the salary of the treasurer of Bryan County; and for other purposes.

HB 339. By Messrs. Hawkins of the 139th, Hood of the 124th, Brown of the 120th, Adams of the 125th, Longino of the 122nd and others:
A bill to amend an act entitled "an act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education", so as to increase the amount of dependent benefits from 50% to 60%; and for other purposes.

HB 340. By Messrs. Hawkins of the 139th, McClatchey of the 138th, Lambros of the 130th, Hood of the 124th, Brown of the 120th and others:
A bill to amend an act entitled "An act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education", so as to provide that a teacher or employee may designate certain dependents as beneficiaries; and for other pur poses.
HB 341. By Messrs. Hawkins of the 139th, Dillon of the 128th, Hood of the 124th, Adams of the 125th, Grier of the 132nd, Brown of the 120th and others:
A bill to amend an act entitled "An act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education, so as to provide for refund of a portion of of employees' contributions in certain cases; and for other purposes.

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> JOURNAL OF THE SENATE,

HR 11. By Messrs. Abney, Snow and Hale of the 1st:
A resolution compensating Gordon J. McGraw, Jr.; and for other pur poses.

HR 26. By Mr. Lovell of the 6th: A resolution compensating Mr. Willard York; and for other purposes.

HR 27. By Mr. Duncan of the 4th:
A resolution compensating the Fannin County Agricultural Association; and for other purposes.

HR 41. By Mr. Richardson of the 116th: A resolution compensating L. H. Flowers; and for other purposes.

HR 45. By Messrs. Snow, Abney and Hale of the 1st: A resolution compensating Grady Barfield; and for other purposes.

HR 47. By Mr. Thomas of the 77th: A resolution compensating T. R. Herndon; and for other purposes.

HR 48. By Mr. Thomas of the 77th: A resolution compensating Lt. T. E. Caldwell; and for other purposes.

HR 51. By Mr. Wells of the 30th:
A resolution compensating Mr. Jack W. Fambrough; and for other purposes.

HR 55. By Mr. Longino of the 122nd: A resolution compensating Mr. J. Frank Lee; and for other purposes.

HR 56. By Mr. Carr of the 48th:
A resolution to compensate the Washington County Sweet Potato As sociation; and for other purposes.

HR 97. By Mr. Reaves of the 99th:
A resolution proposing an amendment to the Constitution so as to create the Brooks County Development Authority; and for other pur poses.

WEDNESDAY, FEBRUARY 2, 1966

305

HR 98. By Messrs. Harris and Vaughan of the 14th:
A resolution proposing an amendment to the Constitution so as to create the Adairsville Development Authority; and for other purposes.

HR 113. By Mr. Harrison of the 98th:
A resolution proposing an amendment to the Constitution so as to create the City of Woodbine Development Authority; and for other purposes.

HR 114. By Mr. Ployd of the 7th:
A resolution proposing an amendment to the Constitution so as to create the Chattooga County Development Authority; and for other purposes.

HR 124. By Mr. Underwood of the 61st:
A resolution authorizing the Governor to execute a permanent easement on behalf of the State of Georgia over certain property located in Little Ocmulgee State Park to the Commissioners of Roads and Revenues of Wheeler County, to be used in connection with the Telfair-Wheeler Airport; and for other purposes.

HR 136. By Mr. Leonard of the 3rd:
A resolution authorizing the exchange and conveyance of certain prop erty rights in real property located in Murray County, by and between the State of Georgia and The Cohutta Talc Company, a Georgia Cor poration; and for other purposes.

HR 139. By Messrs. Harris and Smith of the 85th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local act for the creation of a Charter Commission to study all matters relating to the consolida tion of the government of the City of Brunswick and Glynn County and for the establishing of a successor government; and for other purposes.

HR 140. By Mr. Ployd of the 7th:
A resolution proposing an amendment to the Constitution so as to change the manner of election and terms of office of the members of the Board of Education of Chattooga County; and for other purposes.

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JOURNAL OF THE SENATE,

Senator 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 bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 104. Do Pass.
Respectfully submitted,
Plunkett of 30th District
Chairman.

Senator Carter of the 14th District Secretary 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 consideration the following bill of the Senate and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SB 93. Do Pass.
Respectfully submitted, Carter of 14th District Secretary.

Senator Loggins of the 53rd District Chairman of the Committee on Public Utilities and Transportation submitted the following report:
Mr. President:
Your Committee on Public Utilities and Transportation has had under con sideration the following 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 141. Do Pass. HB 4. Do Pass as Amended. HB 5. Do Pass.
Respectfully submitted, Loggins of 53rd District Chairman.

WEDNESDAY, FEBRUARY 2, 1966

307

Senator 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 90. Do Pass.
Respectfully submitted,
Yancey of 33rd District
Secretary.

Senator Rowan of the 8th District Secretary of the Committee on Rules submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following bills and resolutions of the Senate and House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SB 54. Do Pass. SR 12. Do Pass. SR 14. Do Pass. SR 27. Do Pass. HB 41. Do Pass. HB 92, Do Pass.
Respectfully submitted, Rowan of 8th District Secretary.

Senator 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 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 7. Do Pass by Substitute. SB 133. Do Pass.

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JOURNAL OF THE SENATE,

SR 24. Do Pass. HB 55. Do Pass. HB 126. Do Pass as Amended. HR 62. Do Pass.
Respectfully submitted, McGill of 24th District Secretary.

Senator 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 and resolutions of the House and has instructed me as Chairman, to report the same back to the Senate with the following recom mendations:
HB 115. Do Pass. HB 116. Do Pass. HB 183. Do Pass. HB 19. Do Pass. HB 22. Do Pass. HB 23. Do Pass. HB 181. Do Pass. HB 235. Do Pass. HB 249. Do Pass. HB 250. Do Pass. HR 42. Do Pass as Amended. HR 85. Do Pass.
Respectfully submitted, Downing of 1st District Chairman.
The following general bills and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage:

WEDNESDAY, FEBRUARY 2, 1966

309

SB 86. By Senators Webb of the llth, Rowan of the 8th, Spinks of the 9th, Carter of the 14th, Pennington of the 45th, Foster of the 21st, Adams of the 26th, Ward of the 39th, Eldridge of the 7th, Thompson of the 34th and Lee of the 47th:
A bill to amend Code section 47-102, relating to State Senatorial Dis tricts, as amended, particularly by an act approved October 5, 1962 (Ga. Laws 1962, Sept., Oct., Ex. Sess., p. 7), so as to remove the provision requiring senators in those senatorial districts consisting of less than one county to be elected by all voters of the county in which the 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 36, nays 6.

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

Senator Johnson of the 42nd asked that he be recorded as voting no.

Senator Kendrick of the 32nd asked that he be recorded as voting no.

The president resolved the Senate into the Committee of the Whole.

The Committee of the Whole was dissolved.

Senator Plunkett of the 30th moved that the following bill of the Senate be withdrawn from the Committee on Industry and Labor and recommitted to the Committee on Retirement:

SB 106. By Senator Kidd of the 25th:
A bill to provide compensation to employees of institutions, agencies, or departments of State who contract tuberculosis while in the employ of such institution, agency or department; to provide minimum and maximum payments and duration of same; and for other purposes.

The motion prevailed.

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JOURNAL OF THE SENATE,

Senator Johnson of the 38th moved that the following bill of the Senate be withdrawn from the Committee on Industry and Labor and recommitted to the Committee on Business, Trade and Commerce:

SB 172. By Senator Johnson of the 38th:
A bill to provide a minimum hourly wage to be paid to domestic work ers; and for other purposes.

The motion prevailed.

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 3, 1966

311

Senate Chamber, Atlanta, Georgia, Thursday, February 3, 1966.

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 George R. Lee, pastor, Hickox Baptist Church, Nahunta, Georgia.

Prayer was offered by Canon Frank Bulloch, pastor, St. Phillips Cathedral, Atlanta, 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 read 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:

312

JOURNAL OF THE SENATE,

HB 355. By Mr. Rainey of the 69th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court, the Sheriff, the Ordinary and the Tax Commissioner of Crisp County, known as the fee system; and for other purposes.

HB 356. By Messrs. McClatchey of the 138th, Brown of the 120th, Longino of the 122nd, Lambros of the 130th, Adams of the 125th and Lea of the 126th and others:
A bill to amend the act approved August 20, 1927 to provide that cities having a population of more than 150,000 shall furnish pensions to all officers and employees of such cities, so as to provide additional pension benefits to former officers and employees who have been awarded pensions under the terms of this Act; and for other purposes.

HB 384. By Mr. Black of the 56th:
A bill to authorize the governing authority of Chattahoochee County to assess and collect license fees, license and regulate taxicabs and cabs for hire, classify businesses and business enterprises, assess dif ferent license fees and taxes in the interest and welfare of the citizens of Chattahoochee County; and for other purposes.

HB 385. By Messrs. Matthews and Bedgood of the 29th:
A bill to amend an act relating to the licensing of warm air heating contractors, so as to provide that certain counties shall come within the terms and provisions of said Act; and for other purposes.

HR 72. By Mr. Overby of the 16th: A resolution compensating Mrs. Florence Euline Roberts; and for other purposes.
HR 12. By Mr. Parker of the 55th: A resolution compensating Mrs. Marjorie K. Knight; and for other purposes.
HR 63. By Mr. Holder of the 70th: A resolution compensating Mrs. Ola Burch; and for other purposes.

HR 64. By Mr. Games of the 129th: A resolution compensating W. H. Paradise; and for other purposes.

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313

HR 71. By Messrs. Smith and Mithcell of the 3rd:
A resolution compensating Mrs. Patricia Nell Boswell; and for other purposes.

HR 79. By Mr. Russell of the 92nd:
*
A resolution compensating W. B. Garrison as Clerk of the Commis sioners of Roads and Revenues of Thomas County and Mr. W. L. Whittle, Sr.; and for other purposes.

HR 95. By Mr. Reaves of the 99th: A resolution compensating M. J. Gaddis; and for other purposes.

HR 96. By Mr. Reaves of the 99th: A resolution compensating J. A. Jarvis; and for other purposes.

HB 176. By Messrs. Moore of the 20th, Story of the 22nd and Parker of the 55th:
A hill to amend an act establishing a retirement system in the State Public Schools, so as to provide that the word "teacher" shall also include the director and any associate directors of the Georgia Council on Education; and for other purposes.

HB 137. By Mr. Overby of the 16th:
A bill to amend an act approved March 29th 1937, known as the "Unem ployment Compensation Law", by modifying the benefit tables to pro vide increased weekly benefit amounts and the qualifications and eligi bility for benefits; and for other purposes.

HB 197. By Mr. Hale of the 1st:
A bill to amend the Uniform Act Regulating Traffic on Highways, so as to re-define certain words and phrases; to provide that official traffic control devices are presumed to have been installed by lawful authority; to provide for lane control signal devices; and for other purposes.

HB 109. By Mr. Dean of the 20th:
A bill to amend an act prohibiting the throwing or depositing of trash, garbage or other substances upon the public roads or public property of this State, so as to change the penalty for throwing or depositing any substances upon the public roads or property of this State; and for other purposes.

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JOURNAL OF THE SENATE,

HB 336. By Messrs. Wells of the 30th, Moore of the 20th, Matthews and Bedgood of the 29th, Johnson of the 40th, Dean of the 20th, Moore of the 12th and Brown of the 19th:
A bill to amend Code Section 26-2603, relating to the larceny of certain motor vehicles, so as to provide for a new definition of motor vehicles covered under the provisions of this Act; to provide that the theft of parts of these vehicles shall also be a crime; and for other purposes.

HB 327. By Messrs. Newton of the 94th, Marshall of the 39th, Lowrey of the 13th, Collins of the 88th and Reaves of the 99th:.
A bill to amend an act relating to the regulation and sale of livestock at auctions, so as to provide that every operator of a sales establish ment for the sale of livestock at auction shall maintain a custodial account in a national or state chartered bank; and for other purposes.

HB 326. By Messrs. Newton of the 94th, Marshall of the 39th, Lowrey of the 13th, Collins of the 88th, Reaves of the 99th, and Black of the 56th:
A bill to amend an act known as the "Georgia Fertilizer Act of 1960", so as to provide for renewals of reqistration; and for other purposes.

HB 234. By Messrs. Etheridge of the 123rd and Townsend of the 140th:
A bill to amend Code Chapter 74-1 relating to the relationship of parent to child, so as to provide for the visitation rights of grandparents under certain conditions; and for other purposes.

HB 133. By Messrs. Howard of the 101st, Abney, Hale and Snow of the 1st, Harris of the 85th, Henderson of the 102nd and others:
A bill to amend Code Section 30-209, to provide that alimony payments to the wife shall cease on her remarriage; and for other purposes.

HB 233. By Mr. Watkins of the 9th:
A bill to amend Code Chapter 84-9 relating to the creation of the State Board of Medical Examiners, so as to provide persons wishing to obtain a license to practice medicine shall furnish satisfactory evidence of having completed one year of training as an intern in a hospital in good standing with the State Board of Medical Examiners; and for other purposes.

HB 220. By Mr. Palmer of the 117th:
A bill to amend Code Chapter 88-19, constituting a part of the Georgia Health Code, relating to regulations of hospitals and related institutions, so as to provide that any person, hospital or other organization may provide information or other data relating to the condition and treatment of any person to research groups; and for other purposes.

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315

HR 152. By Mr. Collins of the 62nd:
A resolution proposing an amendment to the Constitution so as to create the Toombs County Development Authority; and for other pur poses.

HR 154. By Mr. Maddox of the 8th:
A resolution proposing an amendment to the Constitution so as to create the Gordon County Development Authority; and for other purposes.

HR 164. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the llth:
A resolution proposing an amendment to the Constitution so as to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Columbus and Muscogee County Biulding Commission; and for other purposes.

HR 163. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to consolidate and combine the Mus cogee County and City of Columbus Tax Assessors for both real and personal property; and for other purposes.

The House has adopted the following resolution of the Senate to-wit:

SR 42. By Senator Kendrick of the 32nd: A resolution commending Mrs. Bernice McCullar; and for other purposes.

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

SB 175. By Senators Yancey of the 33rd and Kendrick of the 32nd:
A bill to abolish the office of coroner of Cobb County; to create the office of medical examiner of Cobb County; and ior other purposes.
Referred to Committee on County and Municipal Governments.

SB 176. 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 services

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JOURNAL OF THE SENATE,

for the care and protection of children whose parents are absent from the home or are unable for other reasons to provide for parental super vision; and for other purposes.
Referred to Committee on Health and Welfare.

SB 177. By Senator Kendrick of the 32nd:
A bill to amend an Act know nas the "Minimum Foundation Program of Education Act" so as to provide for a minimum wage for school lunch program personnel; and for other purposes.
Referred to Committee on Educational Matters.

SB 178. By Senators Gillis of the 20th, Gayner of the 5th, Dean of the 6th, Spinks of the 9th, Flowers of the 10th, Fincher of the 54th, Holloway of the 12th and Young of the 13th:
A bill relating to the qualification of candidates in primaries so as to provide the time for qualifying; and for other purposes.
Referred to Committee on Rules.

SB 179. By Senator McKenzie of the 17th: A bill relating to the duties of the State Revenue Commissioner; and for other purposes.
Referred to Committee on Economy, Reorganization & Efficiency in Govern ment.
SB 180. By Senator Eldridge of the 7th: A bill to amend an act creating the County Court of Atkinson County to change the qualifications of the judge of said court; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 181. By Senators Johnson of the 38th and Coggin of the 35th:
A bill to provide that in counties with a certain population the office of Justice of the Peace Emeritus shall be created; and for other purposes.
Referred to Committee on Judiciary.

SB 183. By Senators Webb of the llth, Smith of the 18th, Gillis of the 20th and Rowan of the 8th:
A bill to create Fiscal Affairs Sub-committees of the Senate and the House of Representatives; to provide for the composition, duties, powers

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317

and meetings of such sub-committees; to provide for funds; to repeal conflicting laws; and for other purposes.
Referred to Committee on Rules.

HB 109. By Mr. Dean of the 20th:
A bill to amend an act prohibiting the throwing or depositing of trash, garbage or other substances upon the public roads or public property of this State, so as to change the penalty for throwing or depositing any substances upon the public roads or property of this State; and for other purposes.
Referred to Committee on Highways.

HB 133. By Messrs. Howard of the 101st, Abney, Hale and Snow of the 1st, Harris of the 85th, Henderson of the 102nd and others:
A bill to amend Code section 30-209, to provide that alimony payments to the wife shall cease on her remarriage; and for other purposes.
Referred to Committee on Judiciary.

HB 137. By Mr. Overby of the 16th:
A bill to amend an act approved March 29, 1937, known as the "Unem ployment Compensation Law", by modifying the benefit tables to pro vide increased weekly benefit amounts and the qualifications and eligi bility for benefits; and for other purposes.
Referred to Committee on Industry and Labor.

HB 176. By Messrs. Moore of the 20th, Story of the 22nd and Parker of the 55th:
A bill to amend an act establishing a retirement system in the State Public Schools, so as to provide that the word "teacher" shall also include the director and any associate directors of the Georgia Council on Education; and for other purposes.
Referred to Committee on Educational Matters.

HB 197. By Mr. Hale of the 1st:
A bill to amend the Uniform Act Regulating Traffic on Highways, so as to re-define certain words and phrases; to provide that official traffic control devices are presumed to have been installed by lawful authority; to provide for lane control signal devices; and for other purposes.
Referred to Committee on Highways.

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JOURNAL OP THE SENATE,

HB 220. By Mr. Palmer of the 117th:
A bill to amend Code chapter 88-19, constituting a part of the Georgia Health Code, relating to regulations of hospitals and related institutions, so as to provide that any person, hospital or other organization may provide information or other data relating to the condition and treat ment of any person to research groups; and for other purposes.
Referred to Committee on Health and Welfare.

HB 233. By Mr. Watkins of the 9th:
A bill to amend Code chapter 84-9 relating to the creation of the State Board of Medical Examiners, so as to provide persons wishing to obtain a license to practice medicine shall furnish satisfactory evidence of having completed one year of training as an intern in a hospital in good standing with the State Board of Medical Examiners; and for other purposes.
Referred to Committee on Health and Welfare.

HB 234. By Messrs. Etheridge of the 123rd and Townsend of the 140th:
A bill to amend Code chapter 74-1 relating to the relationship of parent to child, so as to provide for the visitation rights of grandparents under certain conditions; and for other purposes.
Referred to Committee on Judiciary.

HB 326. By Messrs. Newton of the 94th, Marshall of the 39th, Lowrey of the 13th, Collins of the 88th, Reaves of the 99th and Black of the 56th:
A bill to amend an act known as the "Georgia Fertilizer Act of 1960" so as to provide for renewals of registration; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HB 327. By Messrs. Newton of the 94th, Marshall of the 39th, Lowrey of the 13th, Collins of the 88th and Reaves of the 99th:
A bill to amend an act relating to the regulation and sale of livestock at auctions, so as to provide that every operator of a sales establishment for the sale of livestock at auction shall maintain a custodial account in a national or state chartered bank; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HB 336. By Messrs. Wells of the 30th, Moore of the 20th, Matthews and Bedgood of the 29th, Johnson of the 40th, Dean of the 20th, Moore of the 12th and Brown of the 19th:
A bill to amend Code section 26-2603, relating to the larceny of certain motor vehicles, so as to provide for a new definition of motor vehicles

THURSDAY, FEBRUARY 3, 1966

319

covered under the provisions of this act; to provide that the theft of parts of these vehicles shall also be a crime;and for other purposes.
Referred to Committee on Rules.

HB 355. By Mr. Rainey of the 69th:
A bill to abolish the present mode of compensating the clerk of the superior court, the sheriff, the ordinary and the tax commissioner of Crisp County, known as the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 356. By Messrs. McClatchey of the 138th, Brown of the 120th, Longino of the 122nd, Lambros of the 130th, Adams of the 125th and Lea of the 126th and others:
A bill to amend the act approved August 20, 1927 to provide that cities having a population of more than 150,000 shall furnish pensions to all officers and employees of such cities, so as to provide additional pen sion benefits to former officers and employees who have been awarded pensions under the terms of this act; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 384. By Mr. Black of the 56th:
A bill to authorize the governing authority of Chattahoochee County to assess and collect license fees, license and regulate taxicabs and cabs for hire, classify businesses and business enterprises, assess different license fees and taxes in the interest and welfare of the citizens of Chattahoochee County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 385. By Messrs. Matthews and Bedgood of the 29th:
A bill to amend an act relating to the licensing of warm air heating contractors, so as to provide that certain counties shall come within the terms and provisions of said act; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 12. By Mr. Parker of the 55th:
A resolution compensating Mrs. Marjorie K. Knight; and for other purposes.
Referred to Committee on Appropriations.

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JOURNAL OP THE SENATE,

HR 63. By Mr. Holder of the 70th: A resolution compensating Mrs. Ola Burch; and for other purposes.
Referred to Committee on Appropriations.

HR 64. By Mr. Carnes of the 129th: A resolution compensating W. H. Paradise; and for other purposes.
Referred to Committee on Appropriations.

HR 71. By Messrs. Smith and Mitchell of the 3rd:
A resolution compensating Mrs. Patricia Nell Boswell; and for other purposes.
Referred to Committee on Appropriations.

HR 72. By Mr. Overby of the 16th:
A resolution compensating Mrs. Florence Euline Roberts; and for other purposes.
Referred to Committee on Appropriations.

HR 79. By Mr. Russell of the 92nd:
A resolution compensating W. B. Garrison as clerk of the Commis sioners of Roads and Revenues of Thomas County and Mr. W. L. Whittle, Sr.; and for other purposes.
Referred to Committee on Appropriations.

HR 95. By Mr. Reaves of the 99th: A resolution compensating M. J. Gaddis; and for other purposes.
Referred to Committee on Appropriations.

HR 96. By Mr. Reaves of the 99th: A resolution compensating J. A. Jarvis; and for other purposes.
Referred to Committee on Appropriations.

HR 152. By Mr. Collins of the 62nd:
A resolution proposing an amendment to the Constitution so as to create the Toombs County Development Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.

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321

HR 154. By Mr. Maddox of the 8th:
A resolution proposing an amendment to the Constitution so as to create the Gordon County Development Authority; and for other pur poses.
Referred to Committee on County and Municipal Governments.

HR 163. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to consolidate and combine the Muscogee County and City of Columbus Tax Assessors for both real and personal property; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 164. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thompson of the 110th, Shields and Thompson of the lllth:
A resolution proposing an amendment to the Constitution so as to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Columbus and Muscogee County Building Commission; and for other purposes.
Referred to Committee on County and Municipal Governments.

The following bills and resolutions were read the second time:

SB 159. By Senator Dean of the 6th:
A bill to declare that the practice of nudism or the participation in the practice of nudism in any manner whatsoever shall be against the public policy of the State of Georgia; to provide definitions of nudism; and for other purposes.

SB 160. By Senator Dean of the 6th:
A bill relating to assistance to electors when voting and the number of electors a person shall assist in any primary or election, so as to change the number of electors a person shall assist in any primary or election; and for other purposes.

SB 161. By Senator Dean of the 6th:
A bill relating to the Attorney General and the Department of Law to provide that the Attorney General shall be authorized to defend state officials and employees for certain criminal offenses; and for other purposes.

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JOURNAL OF THE SENATE,

SB 162. By Senators Carter of the 14th and Plunkett of the 30th:
A bill to require the State Budget Officer to furnish fiscal notes for all bills increasing or decreasing State revenues, existing appropriations, or the fiscal liability of the State; making appropriations; providing for any new agency of the State or any new program of any existing agency of the State; and for other purposes.

SB 163. By Senator Fincher of the 54th:
A bill to authorize the Governor to offer a reward for information leading to the arrest and conviction of persons involved in the theft of motor vehicles; and for other purposes.

SB 164. By Senators Sanders of the 41st, Wesberry of the 37th, Moore of the 31st, Dean of the 6th and Miller of the 43rd:
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; and for other purposes.
SB 165. 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; and for other purposes.
SB 166. By Senators Edenfield of the 4th, Kilpatrick of the 44th, McKenzie of the 17th, Bateman of the 27th, Loggins of the 53rd and Lee of the 47th:
A bill to amend an Act relating to the punishment of any person who shall desecrate the burial place of any human body so as to provide life imprisonment in lieu of the death penalty; and for other purposes.

SB 167. By Senators Edenfield of the 4th, Kilpatrick of the 44th, McKenzie of the 17th, Bateman of the 27th, Loggins of the 53rd and Lee of the 47th:
A bill prohibiting the use or handling of poisonous snakes or reptiles in such manner as will endanger the health or safety of the public so as to provide for life imprisonment in lieu of the death penalty for the mishandling of snakes when death ensues; and for other purposes.

SB 168. By Senators Edenfield of the 4th, Kilpatrick of the 44th, McKenzie of the 17th, Bateman of the 27th, Loggins of the 53rd and Lee of the 47th:
A bill regulating the manufacture, sale, possession, etc., of narcotic drugs in the State of Georgia so as to provide life imprisonment in lieu of the death penalty for the second or subsequent offense for selling or furnishing a minor with any narcotic drug; and for other purposes.

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323

SB 169. By Senators Edenfield of the 4th, Kilpatrick of the 44th, McKenzie of the 17th, Bateman of the 27th, Loggins of the 53rd and Lee of the 47th:
A bill relating to crimes and punishments to provide life imprisonment in lieu of the death penalty for certain crimes; and for other purposes.

SB 170. By Senators Edenfield of the 4th, Kilpatrick of the 44th, McKenzie of the 17th, Bateman of the 27th, Loggins of the 53rd and Lee of the 47th:
A bill to provide that the death penalty shall not be imposed upon conviction for any crime punishable by death unless the pury shall in clude in its verdict a recommendation that such sentence be imposed; and for other purposes.

SB 171. By Senators Johnson of the 42nd, Miller of the 43rd, Sanders of the 41st, Wesberry of the 37th, Minish of the 48th, Johnson of the 38th, Maclntyre of the 40th and Kilpatrick of the 44th:
A bill to amend the Metropolitan Atlanta Rapid Transit Authority Act of 1965 by repealing certain provisions therein with repsect to the In terim Study Commission an holding of referenda as a prerequisite for further participation in the Authority by the local governing bodies of the local governments within the metropolitan area; and for other purposes.

SB 172. By Senator Johnson of the 38th:
A bill to provide for the minimum hourly wage to be paid to certain employees of this State; to provide a penalty for failure to pay said minimum hourly wage; and for other purposes.

SB 173. By Senators Carter of the 14th and Rowan of the 8th:
A bill to amend an Act requiring the State Auditor to establish an equalized adjusted school property tax digest so as to change the pro visions in establishing such digest so as to authorize the use of ap praisals; to change the manner of appraising timberland; and for other purposes.

SB 174. By Senators Broun of the 46th and Hall of the 52nd:
A bill to amend an Act establishing a retirement system in the State Public schools so as to provide that any member of the teachers' retire ment system may make voluntary contributions to said system for the benefit of such member provided such member agrees to certain regula tions; and for other purposes.

SR 51. By Senator Spinks of the 9th:
A resolution proposing an amendment to the Constitution to provide that in the case of the death of the Governor-elect the Lieutenant Governor-elect shall succeed in office; and for other purposes.

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JOURNAL OF THE SENATE,

SR 52. By Senator Rowan of the 8th: A resolution amending the Rules of the Senate; and for other purposes.

SR 53. By Senator Downing of the 1st, Gillis of the 20th, Edenfield of the 4th and Lee of the 47th:
A resolution to change the rules of the Senate; and for other purposes.

SR 55. By Senators Plunkett of the 30th Webb of the llth and Johnson of the 42nd:
A resolution authorizing a statue, bust or other memorial of Walter Franklin George to be placed in the halls of the Capitol of the State of Georgia.
HB 47. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
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 a personal exemption of $1200 for each son, stepson, daughter, stepdaughter, or ward of the taxpayer if such de pendent is a student; and for other purposes.

HB 162. By Mr. Games of the 129th:
A bill to provide that in all counties having a population of 500,000 or more, the office of justice of the peace emeritus shall be created; and for other purposes.
HB 198. By Mr. Hale of the 1st:
A bill to amend an act known as the "General Appropriations Act of 1965", so as to provide that funds appropriated to the State Highway Department for the year 1966, for payment of lease rental obligations to the State Office Building Authority, shall include the sum of $212,439 specifically designated for the payment of one year's rent on the State Highway Department Laboratory Building; and for other purposes.

HB 199. By Mr. Hale of the 1st:
A bill known as the "State Office Building Authority Act", so as to change the definition of the word "project"; and for other purposes.

HB 236. By Messrs. Carr and Rowland of the 48th:
A bill to amend an act incorporating the City of Sandersville, so as to require public notice of a hearing on any new zoning ordinance or

THURSDAY, FEBRUARY 3, 1966

325

change in any existing zoning ordinance of the City of Sandersville; and for other purposes.

HB 247. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend an act creating a Department of Public Safety, so as to provide for the issuance of honorary drivers licenses without cost to certain veterans of this State or certain servicemen of this State; and for other purposes.

HB 255. By Messrs. Lowrey of the 13th, Lewis of the 50th, Brackin of the 87th, Matthews of the 94th, Rush of the 75th and Wells of the 30th:
A bill to create within the Department of Agriculture of the State of Georgia a division to be known as the State Institutional Farms Division; and for other purposes.

HB 345. By Mr. Collins of the 88th:
A bill relating to the City of Pelham, so as to authorize the mayor and council to alter, change, close and abandon streets and alleys when found beneficial to do so; and for other purposes.

HB 347. By Messrs. Wilson and Henderson of the 102nd, Howard and McDaniell of the 101st and Jordan of the 103rd:
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.

HB 348. By Mr. Underwood of the 61st:
A bill to abolish the present mode of compensating the sheriff of Treutlen County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 349. By Mr. Underwood of the 61st:
A bill to abolish the present mode of compensating the sheriff of Montgomery County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 359. By Messrs. Pickard, Brinkley and Jones of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A bill to amend an act creating the Board of Commissioners of Roads and Revenues of Muscogee County, so as to change the time of the

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JOURNAL OF THE SENATE,

election of a chairman and vice-chairman for said board from the first meeting in January following the general election at which a new member shall have been elected; and for other purposes.

HB 360. By Messrs. Pickard, Brinkley and Jones of the 112th, Berry and Thomp son of the 110th and others:
A bill to amend Code section 23-1704, providing for contractors to give bond on contracts for building or repairing any public building, so as to provide that in certain counties one good and solvent security for the faithful performance of the contract and to indemnify the county for any damages shall be sufficient; and for other purposes.

HB 361. By Messrs. Pickard, Brinkley and Jones of the 112th, Berry and Thomp son of the 110th and others:
A bill to amend an act known as the Urban Redevelopment Law, so as to provide that in certain counties the term "municipality" used in said act shall also mean "county" and to provide further that in any such county all powers, privileges, duties and immunities now or heretofore granted to every such municipality are hereby granted to every such county; and for other purposes.

HB 362. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thompson of the 110th and others: A bill to amend an act regulating traffic on the streets and highways of this State, so as to provide that in certain counties, law enforcement vehicles may be equipped with a lighted lamp displaying a flashing blue sign; and for other purposes.
HB 364. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth: A bill to amend an act providing for a permanent pension fund for certain present and future employees of Muscogee County; and for other purposes.
HB 365. By Mr. Doster of the 73rd: A bill to abolish the present mode of compensating the sheriff of Wilcox County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
HB 367. By Messrs. Lee, Gary and Harrell of the 35th: A bill to change the name of a certain militia district located in Clayton County; and for other purposes.

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327

HB 378. By Mr. Hadaway of the 46th:
A bill to amend an act creating a new charter for the City of Gray, so as to change the corporate limits of said city; to provide for filling vacancies in the offices of mayor and councilman; and for other pur poses.

HB 381. By Messrs. Howard and McDaniell of the 101st, Wilson and Henderson of the 102nd and Jordan of the 103rd:
A bill to amend an act creating a new charter for the City of Acworth so as to change election laws for the mayor and board of aldermen; and for other purposes.

HR 24. By Mr. Jones of the 112th:
A resolution proposing an amendment to the Constitution so as to pro vide that service at Gracewood State School and Hospital or at any other facility operated by or under the jurisdiction of the State Department of Public Health shall be applicable service for the repayment of medical loans and scholarships and that such service shall be retroactive; and for other purposes.

HR 39. By Mr. Richardson of the 116th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the exemption from taxation of all facilities installed for the primary purpose of reducing air or water pollution; and for other purposes.

HR 40. By Mr. Richardson of the 116th:
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, his toric, health, business, residential and recreational purposes; and for other purposes.

HR 87. By Messrs. Chandler and Harrington of the 47th:
A resolution authorizing the leasing of a certain tract of State owned property; and for other purposes.

HR 120. By Mr. Minge of the 13th:
A resolution authorizing and directing the State Library to furnish certain volumes of the Georgia Reports and the Georgia Court of Appeals Reports and volumes of the Georgia Laws to the judge of the Superior Court of the Rome Judicial Circuit; and for other pur poses.

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JOURNAL OF THE SENATE,

HR 121. By Mr. Minge of the 13th:
A resolution authorizing the State Library to furnish the governing authority of Floyd County with a complete set of the Georgia Laws; and for other purposes.

HR 123. By Mr. Smith of the 54th:
A resolution authorizing the conveyance of a certain tract of land in Emanuel County; and for other purposes.

HR 128. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A resolution to ratify, approve and confirm the executive order of the Governor, dated May 31, 1965, suspending the collection of certain income tax for persons serving in Viet Nam; and for other purposes.

Senator 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 recommendations:
SB 35. Do pass. HB 305. Do Pass.
February 3, 1966

MINORITY COMMITTEE REPORT RE: S. B. #35

TO: Senator Frank Downing, Chairman

This is to advise the undersigned disagrees with the report of the committee favorable to the passage of captioned Bill, and do hereby file this as a minority report.

I object on the basis that the property being annexed is not contiguous to the City of Atlanta by virture of any previous act that is constitution al.
I respectfully request this report be submitted to the Secretary of the Senate and that captioned Bill be placed on the calendar as a General Bill.

FEC:eks

Frank E. Coggins

Senator, 35th District

Respectfully submitted,

Downing of 1st District, Chairman-

THURSDAY, FEBRUARY 3, 1966

329

Senator Salome of the 36th District Chairman of the Committee on Temp erance 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 Chairman, to report the same back to the Senate with the following recommendations:
SB 19. Do pass. SB 48. Do pass.
Respectfully submitted, Salome of 35th District, Secretary.

Senator Owens of the 49th District Secretary 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 Secretary, to report the same back to the Senate with the following recommndations:
SB 46. Do pass as amended. Respectfully sumbitted, Owens of 49th District, Secretary.
The following general bills and resolutions, favorable reported by the com mittees, were read the third time, and put upon their passage:

HB 1. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th: A bill to amend an act providing appropriations for the State Govern ment for the fiscal year 1965-66 and the fiscal year 1966-67; and for other purposes.
The Committee on Appropriations offered the following amendment:
Amend House Bill 1 by adding in the title between the phrases, "the total amount of appropriations" and "to repeal conflicting laws" the phrase "to provide for the purposes of such appropriations".

On the adoption of the amendment, the ayes were 44, nays 0, and the amendment was adopted.

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The Committee on Appropriations offered the following amendment: Amend House Bill No. 1 as follows:
By adding in the title before the words '"to reduce the apnronriation to the Department of Labor for the cost of operations of the Employ ment Security Agency" the word "to provide for filing affidavits with the State Treasures;".

By adding a new section to be known as Section 2 to read as follows:
"Section 2. Said Act is further amended by striking from the first sentence of the proviso in Section 2$ (F) the words 'Director of the Highway Department', and inserting in lieu thereof the words 'State Treasurer', so that when so amended said proviso shall read as follows:
'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 State Treasurer. At the request of the Governor or the Budget Bureau or the Director of the State High way 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 munici pality in any future year.' "
By renumbering Sections 3, 4, 5, and 6 as Section 4, 5, 6, and 7 respectively.

On the adoption of the amendment, the ayes were 45, nays 0, and the amend ment was adopted.

The Committee on Appropriations offered the following amendment:
By adding the title before the words "to repeal conflicting laws" the words "to change the provisions relating to internal transfers";
By adding a new section to be known as Section 5 to read as follows:
"Section 5. Said Act is further amended by striking Section 52 in its entirety and inserting in lieu thereof a new Section 52 to read as follows:
"Section 52. All expenditures and appropriations made and au thorized under this Act shall be according to the objects and for the programs and activities as specified in the Governor's recommendation contained in the Budget Report submitted to the General Assembly at the regular January session 1965, pages 1 through 123 inclusive, except

THURSDAY, FEBRUARY 3, 1966

331

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 and programs subject to the condition that no funds whatsoever shall be transferred for use in initiating or com mencing any new program or activity not currently having an appropria tion, nor which would require operating funds or capital outlay funds beyond the current biennium."

By renumbering present Section 5 and 6 as Sections 6 and 7.

On the adoption of the amendment, the ayes were 45, nays 0, and the amend ment was adopted.
The Committee on Appropriations offered the following amendment:
Amend HB 1 by adding a new section to be known as Section 5 to read as follows:
"Section 5. Said act is further amended by adding after Section 39 (c) the following:
Provided however, the family and children services shall use the funds designated in the Governor's Budget Report for biennium 196567 in Sections (a) (b) and (c) for medical assistance for the aged for:
(1) implementation of a drug vendors payment program and (2) implementation of another program of medical assistance if funds are available said program not to be physician's services.

On the adoption of the amendment, the ayes were 45, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill 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 Eldridge Fincher of 51st Fincher of 54th

Foster Gayner Gillis Gregory Hall Hill

332
Holley Holloway Jackson Johnson of 42nd Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish

JOURNAL OF THE SENATE,

Moore McGill McKenzie Noble Owens Padgett Pennington Plunkett Rowan Salome Sanders
Searcey

Smalley Smith Spinks Thompson Tribble Ward Webb Wesberry Yancey Young

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

On the passage of the bill, the ayes were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Webb of the llth asked unanimous consent that HB 1 be immediately transmitted to the House.
The consent was granted.
HB 2. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th: A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1966 and the fiscal year ending June 30, 1967, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State; and for other purposes.
The Committee on Appropriations offered the following amendment:
Amend House Bill 2, Section 2, by adding a new Subsection D to read as follows:
"D. For implementation of a small grain research program at the Coastal Plains Experiment Station, Tifton, Georgia, in co operation with the University of Georgia College of Agriculture.
1966-67 __--__________-----..---_- $18,000.00"

On the adoption of the amendment, the ayes were 39, nays 0, and the amendment was adopted.

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333

The Committee on Appropriations offered the following amendment:

Amend HB 2 as follows:
j
By striking from subsection A. of Section 5 the figure "$457,000.00" and inserting in lieu thereof the figure "$437,000.00".

By striking from subsection B. of Section 5 the figure "$383,732.00" and inserting in lieu thereof the figure "$403,732.00".

By adding at the end of subsection B. of Section 5 the following language:

"Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1966-67 Personal Services _______,,_______.________,__ $290,000 Operating Expenses ----,,--_--_.--...._.. 147,000 Grants ,,_..,,___,,__._,,,,,,..,,_,,,,______...__,,_ 438,464

Provided further, that all funds and all language relative to Driver Education under Personal Services in the Supplemental Budget Report is hereby stricken.

Provided further, that the language and funds relative to Driver Education grants in the Supplemental Budget Report is hereby stricken.

Grants for Driver Education and the funds therefor shall be as follows:

'Driver Education Training Grants-in-Aid. - These funds to be used to provide grants-in-aid of approximately $450.00 each to aid approximately 440 teachers in obtaining instructions in teaching driver education. It is contemplated that this appropriation will be a line item under Section ISA. of the General Appropriations Act approved March 1, 1965 (Ga. Laws 1965, p. 44), to be treated similarly to education grants to teachers thereunder.

1966-67

--- -- . $200,000.00' "

On the adoption of the amendment, the ayes were 40, nays 0, and the amend ment was adopted.

The Committee on Appropriations offered the following amendment:
Amend House Bill 2, by deleting fro Section 5 (D) the word "dor mitory".

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JOURNAL OP THE SENATE,

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

The Committee on Appropriations offered the following amendment:
Amend HB 2 by striking from Section 15 the following:
"Provided that no less than $50,000.00 of the $630,000.00 in this Subsection shall be allocated to grants-in-aid to local health units for retardation day-care centers."
By striking from Subsection D of Section 15 the following:
"1966-67 ..._-.._._,,_...............__-............. $630,000.00",
and inserting in lieu thereof the following:
"1966-67 _________-..___.,,.........._......- $580,000.00".
By adding a new paragraph in Section 15 to be known as Subsection P to read as follows:
"P. Day Care Centers for Mentally Retarded,
1966-67 __..__....-...,,_.__.-___........_-....... $ 50,000.00".

On the adoption of the amendment, the ayes 41, nays 0, and the amendment was adopted.
The Committee on Appropriations offered the following amendment:

Amend HB 2 by striking Section 26 therefrom in its entirety and substituting in lieu thereof the following:
"All expenditures and appropriations made and authorized under this Act shall be according to the objects and for the programs and activities as specified in the Governor's recommendation contained in the sup plemental budget submitted to the General Assembly at the regular January session, 1966, 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 and programs subject to the condition that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation, nor which would require operating funds or capital outlay funds beyond the current biennium."

THURSDAY, FEBRUARY 3, 1966

335

On the adoption of the amendment, the ayes were 44, nays 0, and the amend ment was adopted.

The Committee on Appropriations offered the following amendment:
Amend Section 28 of HB 2 by striking the appropriation of $12,268,992 for the year 1966-67 and inserting in lieu thereof the figure "$12,286,992".

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 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 Carter Coggin Dean Downing Edenfield Eldridge Fincher of 51st Fincher of 54th Foster Gayner Gillis Gregory Hall Hill

Holley Holloway Jackson Johnson of 42nd Kendrick Kilpatrick Lee Maclntyre Miller Minish Moore McGill McKenzie Noble Owens Padgett Pennington

Phmkett Rowan Salome Sanders Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Wesberry Yancey Young

Those voting in the negative were Senators: Kidd
By unanimous consent, verification of the roll call was dispensed with.

On the passage of the bill, the ayes were 49, nays 1.

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JOURNAL OF THE SENATE,

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

Senator Webb of the llth asked unanimous consent that HB 2 be immediately transmitted to the House.

The consent was granted.

SB 127. By Senators Yancey of the 33rd, Kilpatrick of the 44th and Edenfield of the 4th:
A bill to provide that the judge or judges of every court of this State having jurisdiction of the violation of traffic laws or traffic ordinances, which violations occur outside corporate limits of municipalities, may provide by written order for the establishment of a Traffic Violations Bureau; and for other purposes.
The Committee on Judiciary offered the following amendment:
Amend SB 127 by striking sub-paragraph (c) of Section 11 in its entirety and inserting in lieu thereof the following:
(c) All the pending cases which appear on the summons and citation issued by the arresting officer, as provided for herein, shall be filed at the cashier's desk in the Traffic Violations Bureau of the court, and shall be retained there up until 72 hours, or such other period of time as the judge shall fix by order, prior to the time the case is set for trial in the court. If the cash bond is posted according to the schedules set out and prescribed herein at any time up to 72 hours, or such other period of time as the judge shall fix by order, prior to the date of the court appearance, as specified in the summons and citation, the same shall be entered on the driver's traffic history card, and an entry made thereon that the driver had posted a cash bond.

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

Senator Yancey of the 33rd offered the following amendment:
Amend SB 127 by adding the following words between the word "event" and the word "said" in the llth line of Section 10:
"said failure shall be construed as an admission of guilt, and"
and by adding the words "of guilty" in the 13th line of said Section between the word "judgment" and the word "may";

THURSDAY, FEBRUARY 3, 1966

337

and by adding a new sentence at the end of Section 10 which reads:

"Nothing herein shall be construed as preventing the judge from ordering the defendant to appear and stand trial."; so that Section 10 when so amended shall read as follows:

"Section 10. All persons cited for any traffic offense under the jurisdiction of the Traffic Violations Bureau of the court shall be permitted to give a cash bond for his appearance under the terms and conditions as set forth upon the summons given to him at the time the defendant is cited and summoned by the arresting officer for a traffic violation. In any case, where a defendant cited for a traffic violation, as herein defined, and who posts a cash bond according to the schedule herein set up by court order, fails to appear in the said court, at the term of court and on the day set in the original summons and citation, then and in that event, said failure shall be construed as an admission of guilt, and said bond may be forfeited without the necessity for the statuatory procedure provided for in the forfeiture of statuatory bail bonds, and a judgment of guilty may be entered accordingly, order ing the case disposed of and settled, and the proceeds of said cash bond shall be applied and distributed as any fine imposed by said court would be. Nothing herein shall be construed as preventing the judge from ordering the defendant to appear and stand trial.

On the adoption of the amendment, the ayes were 35, nays 0, and the amendment was adopted.

Senator Webb of the llth offered the following amendment:
Amend SB 127 by adding at the end of Section 1 the following:
"Provided, however, that nothing in this act shall authorize the judge of said court to employ any person or persons to administer the provi sions of this act."

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

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

On the passage of the bill, the ayes were 41, nays 0.

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

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JOURNAL OP THE SENATE,

SB 48. By Senator Yancey of the 33rd:
A bill to prohibit the advertisement of alcoholic beverages; and for other purposes.

The Committee on Temperance offered the following amendment:
Amend SB 48 by adding a new section to be numbered "Section 11." as follows:
Section 11. Nothing in this Act shall be construed so as to prohibit transportation into this state from other states or coun tries, newspapers, magazines or other written periodicals where the advertising of alcoholic beverages is a mere incident to the publica tion of such matter.
To further amend SB 48 by renumbering Section 11 as Section 12 and by renumbering Section 12 as Section 13.

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.

On the passage of the bill, Senator Yancey of the 33rd called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun
Dean Edenfield Eldridge
Fincher of 51st Fincher of 54th Foster Gillis Hall
Hill

Jackson Johnson of 42nd
Johnson of 38th Kendrick Kilpatrick Lee Loggins Miller Minish Owens Padgett
Pennington

Plunkett Rowan Smalley Smith Spinks Thompson Webb Wesberry Yancey Young

THURSDAY, FEBRUARY 3, 1966

339

Those voting in the negative were Senators:

Adams Carter
Coggin Downing Gayner

Gregory Holloway
Kidd Moore McKenzie

Salome Searcey Tribble

By unanimous consent, vertification 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 as amended.

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendments to the following bills of the House to-wit:

HB 1. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, and Harris of the 118th:
A bill to amend an act providing appropriations for the State Govern ment for the fiscal year 1965-66 and the fiscal year 1966-67; and for other purposes.

HB 2. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, and Harris of the 118th:
A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1966 and the fiscal year ending June 30, 1967, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State; and for other pur poses.

SB 90. By Senators Smalley of the 28th and Gayner of the 5th:
A bill to amend Code chapter 84-11 relating to the practice of optometry, as amended, particularly by an act approved March 22, 1963, (Ga. Laws 1963, p. 214); to repeal conflicting laws; and for other purposes.

340

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, Senator Padgett of the 23rd 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 Carter Coggin Dean Pincher of 51st Fincher of 54th Gregory Hall Hill Holloway

Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Mac Lntyre Minish Moore McKenzie Noble Owens

Plunkett Sanders Smalley Smith Spinks Thompson Ward Webb Wesberry Yancey

Those voting in the negative were Senators:

Ballew Downing Eldridge Foster

Kidd Miller McGill Rowan

Searcey Tribble Young

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

On the passage of the bill, the ayes were 34, nays 11.

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

Senator Gayner of the 5th asked unanimous consent to be recorded as voting present.

The consent was granted.

THURSDAY, FEBRUARY 3, 1966

341

Senator Padgett of the 23rd asked unanimous consent to be recorded as voting present.

The consent was granted.

Senator Smalley of the 28th asked unanimous consent that SB 90 be im mediately transmitted to the House.

The consent was granted.

SB 19. 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" as amended, so as to provide that any municipality within a county that has held an election regard ing this act and passing same, that the governing authority of said municipality may make a determination as to whether the taxing, licensing, manufacturing, etc., shall be allowed in said municipality; and for other purposes.

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

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

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

Senator Thompson of the 34th asked unanimous consent that SB 19 be immediately transmitted to the House.

The consent was granted.

Senator Hill of the 29th, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as

342

JOURNAL OF THE SENATE,

Chairman, to report the same back to the Senate as correct and ready for trans mission to the House of Representatives.
SB 86.
Respectfully submitted, Hill of the 29th District, Chairman.

SB 46. By Senators Kendrick of the 32nd and Coggin of the 35th:
A bill to amend an act regulating the occupation of cosmetology and creating the Ga. State Board of Cosmetology, as amenied, so as to include within the definition of the terms "cosmetologist" and "beauti cian" those persons who perform certain services on the hair of diseased persons and wigs; and for other purposes.

The Committee on Health and Welfare offered the following amendment:
Amend SB 46 by striking from the title the word "disease" and inserting in lieu thereof the word "deceased".
By striking from Section 1 the quoted phrase:
" ', or who dose permanent waving of the hair' ", and inserting in lieu thereof the phrase:
" , or who does permanent waving of the hair for compensation' ".
By inserting in quoted Section 1 of Section 1 of said bill between the words "hair" and ", shall" the words "for compensation".
By inserting in quoted Section 4 of Section 2 of said bill between the words "Governor" and "within" the words "and approved by the Secretary of State and confirmed by the Senate".
By adding at the end of the first paragraph of said quoted Section 4 the following:
"The board shall meet not more than ninety (90) days per an num for the purposes of holding examinations, adopting rules and regulations, and other matters pertaining to duties of said board."
By inserting at the beginning of the first quote of Section 6 of said bill the words "upon opening".
By inserting between the words "cosmetology" and "shall" as they appear in quoted Section 12 of Section 6 of said bill the words "upon opening".

THURSDAY, FEBRUARY 3, 1966

343

By striking from Section 8 of said bill the word "July" and substitut ing in lieu thereof the word "May".

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 38, nays 0.

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

Senator Kendrick of the 32nd asked unanimous consent that SB 46 be immediately 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.

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JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia, Friday, February 4, 1966.

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 Howard L. McDowell, pastor, Vinings First Baptist Church, Smyrna, Georgia.

Prayer was offered by the Reverend Hubert L. Hollis, pastor, Third Baptist Church, Macon, Georgia.

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

Adams Ballew Bateman Broun Carter Coggin Dean Fincher of 51st Fincher of 54th Foster Gayner Gillis Gregory Hill

Holley Holloway Jackson Johnson of 42nd Kendrick Kidd Kilpatrick
Lee Loggins Miller Minish Moore McGill McKenzie

Noble Owens Plunkett Rowan Sanders Searcey Smalley Smith Thompson Tribble Ward Webb We sherry Yancey

Senator Webb of the llth announced that Senator Downing of the 1st is excused on February 4, 1966 due to the death of his aunt.
Senator Hill of the 29th reported that the journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator 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.

FRIDAY, FEBRUARY 4, 1966

345

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 369. By Mr. Lovell of the 6th:
A bill to amend an act superseding and consolidating the laws relating to the State Game and Fish Commission, so as to authorize the State Game and Fish Commission to appoint deputy wildlife rangers of the State-at-Large; and for other purposes.

HB 284. By Mr. Pickard of the 112th:
A bill to amend an act, relating to taxation on certain intangible prop erty, so as to provide that no person shall be required to report such property and pay taxes thereon if the amount due is $5.00 or less; and for other purposes.

HB 208. By Messrs. Egan of the 141st, Tye of the 115th, and McClatchey of the 138th:
A bill to amend Title 92 (Public Revenue), so as to amend Code Section 92-3103 as to when fiduciaries and beneficiaries are taxable and when they are relieved from tax on income of estates or trusts; and for other purposes.

HB 252. By Messrs. Rowland of the 48th, Fulford of the 67th, Dailey of the 66th, Overby of the 16th and others:
A bill to amend an act known as the ''Statewide Probation Act," so as to change the salary of each member of the State Board of Proba tion; and for other purposes.

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JOURNAL OP THE SENATE,

HB 325. By Messrs. Newton of the 94th, Marshall of the 39th, Lowrey of the 13th, Collins of the 88th, Reaves of the 99th, and Black of the 56th:
A bill to amend an act entitled "An Act to be known as the 'Georgia Food Act'", so as to regulate the manufacture, sale, delivery and the holding or offering for sale of food; and for other purposes.

HB 323. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend Code Chapter 36-11, relating to the condemnation of property by those authorities who possess the power of eminent domain, so as to define the phrase "just and adequate compensation" as con tained therein and pursuant to the Authority contained within Article I, Section III, Paragraph I of the Constitution; and for other purposes.

HB 226. By Mr. McClatchey of the 138th:
A bill to amend Code Section 56-1022 relating to eligible investments of domestic insurers, so as to provide that mortgage loans on single family residential dwellings may not exceed eighty percent of the value of the real property or lease-hold securing same; and for other purposes.

HB 166. By Mr. McClatchey of the 138th:
A bill to amend an act known as the Georgia Insurance Code, so as to provide authority for the establishment of separate investment accounts by domestic life insurers for the funding of pension, retirement and profit sharing plans providing benefits payable in fixed or variable dollar amounts; and for other purposes.

HB 134. By Messrs. Lane and Nessmith of the 64th, Parker of the 55th, Newton of the 50th and Webb of the 65th:
A bill to amend an act relating to the creation of the office of solicitorgeneral 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 solictor general by said act; and for other purposes.

HB 105. By Mrs.Hamilton of the 137th; Messrs. Gates of the 123rd and Adams of the 125th:
A bill to authorize the State Highway Department of Georgia to pay, as a part of the cost of construction of a project on any of the Federalaid highway systems, relocation expenses to eligible persons and busi nesses for the reasonable and necessary moving expenses caused by their displacement from real property acquired for such project; and for other purposes.

FRIDAY, FEBRUARY 4, 1966

347

HR 158. By Messrs. Chandler and Harrington of the 47th:
A resolution authorizing the conveyance of all that certain lot, tract or parcel of land containing 2.82 acres together with any and all per manent improvements located thereon or connected therewith lying and being in the corporate limits of the City of Milledgeville within the 320th Militia District of Baldwin County, Georgia to the Board of Trustees of the Georgia Military College; and for other purposes.

HB 39. By Messrs. Harris and Farrar of the 118th, McDaniell of the 101st, Simkins of the 106th, Carley of the 117th and Jones of the 112th:
A bill to amend an act known as the "Employment Security Laws," so as to provide that service performed by a licensed real estate salesman for remuneration solely by way of commission shall not be deemed "employment" within the meaning of said Act; and for other purposes.

HB 187. By Messrs. Underwood of the 61st, Williams and Wood of the 16th, Harris and Smith of the 85th:
A bill to amend an act governing and regulating the use of public roads and highways of this State, so as to provide that certain vehicles on which all ad valorem taxes have been paid, and who are contractors for the construction of highways with the State Highway Department may exceed certain weight, width and length requirements without obtaining a special permit; and for other purposes.

HB 307. By Messrs. Harris and Smith of the 85th:
A bill to amend Code Section 27-902, relating to amount of bail in mis demeanor cases, so as to provide that sheriffs and constables may accept cognizance bonds in certain misdemeanor cases involving military personnel; and for other purposes.

HB 223. By Messrs. Wiggins and Reid of the 32nd:
A bill to amend Code Chapter 24-34 relating to court costs in civil cases, so as to provide that no clerk shall file any civil action unless an advance court cost shall be deposited with the action; and for other purposes.

HB 335. By Messrs.Mitchell and Smith of the 3rd:
A bill to amend an act known as the Georgia Water Quality Control Act, so as to amend the powers of the Georgia Water Quality Control Eoard to renova the requirement of mandatory hearing prior to the rendition of any order by the Board; and for other purposes.

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JOURNAL OF THE SENATE,

HB 154. By Messrs. Barber of the 24th, Harris of the 118th, and Busbee of the 79th:
A bill to create the "Commission on the Status of Women"; and for other purposes.

HB 98. By Messrs. Busbee of the 79th and Harris of the 118th: A bill to create the Georgia Youth Council, and for other purposes.

HR 194. By Mr. Thomas of the 77th:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Wayne County to levy a tax not to exceed one mill for industrial development purposes; and for other purposes.

HR 195. By Mr. Marshall of the 39th:
A resolution proposing an amendment to the Constitution so as to create the Hancock County Development Authority; and for other purposes.

HR 190. By Messrs. Pickard, Brinkley and Jones of the 112th, Thompson and Berry of the 110th, Thompson and Shields of the lllth:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly, upon recomendation by the Board of Commissioners of Roads and Revenues of Muscogee County, to combine or consolidate administrative departments and functions of county and municipal governments within the limits of Muscogee County; and for other purposes.

HR 188. By Mr. Phillips of the 41st:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may grant to the governing au thority of Columbia County the right to construct and repair streets and sidewalks and to assess the costs thereof; and for other purposes.

HR 200. By Messrs. Harris, Farrar, Walling and Levitas of the 118th, Palmer, Malone, Carley and Vaughn of the 117th, Westlake, Evensen, Bean and Higginbotham of the 119th:
A resolution proposing an amendment to the Constitution so as to au thorize the Board of Commissioners of Roads and Revenues of DeKalb County to provide systems of garbage disposal; and for other purposes.

HR 191. By Messrs. Pickard and Brinkley of the 112th, Thompson and Shields of the lllth, Thompson and Berry of the 110th:
A resolution proposing an amendment to the Constitution so as to pro vide that in lieu of the Commissioner of Roads and Revenues of Mus-

FRIDAY, FEBRUARY 4, 1966

349

cogee County and the City Commission of the City of Columbus, a single commission be established; and for other purposes.

Senator Plunkett of the 30th asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Industry and Labor and recommitted to the Committee on Judiciary:

SB 153. By Senator Kidd of the 25th:
A bill to amend an act authorizing the chartering and empowering of corporations, as amended, so as to provide that any corporation whose charter or any renewal will not have expired and whose corporate rights, powers, privileges and immunities may have lapsed by reason of non-payment of taxes will be resumed when full payment of taxes occurs; and for other purposes.

The consent was granted.

Senator Webb of the llth moved that the Senate insist on its position on the following bill of the House:

HB 1. By Messrs. Smith of the 90th, Busbee of the 79th and others:
A bill to amend an act providing appropriations for the State Govern ment for the fiscal year 1965-66 and the fiscal year 1966-67; and for other purposes.

On the motion, the ayes were 30, nays 0, and the motion prevailed.

Senator Webb of the llth moved that the Senate insist on its position on the following bill of the House:

HB 2. By Messrs. Smith of the 90th, Busbee of the 79th and others:
A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1967, in addition to any other ap propriations heretofore or hereafter made for the operation of the agencies of the State; and for other purposes.

On the motion, the ayes were 30, nays 0, and the motion prevailed.

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

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SB 182. Pv Suitors Plunkett of the 30th, Coggin of the 35th and Broun of the 46th:
A bill to provide for a method, in addition to existing; me^ods. for the annexation of con^ig'ioiis territory to incorporated irmni"irialities unon the nnnlioation of not less than 60% of the owners renrespnting at least 60% of the land area included in such application; and for other purposes.
Referred to Committee on Rules.

SB 184. By Senator Ward of the 39th:
A bill relating to executors and administrators and the dispensing with the administration of certain estates so as to provide for the payment or delivery of the assets of an intestate decedent whose personal estate does not exceed a certain amount without the necessity of seeking letters of administration; and for other purposes.
Referred to Committee on Judiciary.

SB 185. By Senator Ward of the 39th:
A bill relating to guardians and wards to provide for the dispensing with the necessity of appointing a guardian for certain minors and in competent persons when the personal property of a minor does not exceed $1,000.00; and for other purposes.
Referred to Committee on Judiciary.

SB 186. By Senator Johnson of the 38th:
A bill to abolish capital punishment in the State of Georgia; to provide that no crime shall be punishable by death after the effective date of this act; to provide that the prohibition of the death penalty shall apply to certain persons sentenced to death before the effective date of this act; and for other purposes.
Referred to Committee on Judiciary.

SB 187. By Senators Wesberry of the 37th, Salome of the 36th, Johnson of the 38th, Thompson of the 34th, Ward of the 39th, Sanders of the 41st, Miller of the 43rd, Coggin of the 35th and Maclntyre of the 40th:
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 Commmittee on County and Municipal Governments.

FRIDAY, FEBRUARY 4, 1966

351

SB 188. By Senator Minnish of the 48th:
A bill to amend an act known as the "Minimum Foundation Program for Education Act" so as to provide that a pupil may transfer to an adjacent school system under certain conditions; and for other purposes.
Referred to Committee on Educational Matters.

HB 39. By Messrs. Harris and Farrar of the 118th, McDaniell of the 101st, Simkins of the 106th, Carley of the 117th and Jones of the 112th:
A hill to amend an act known as the Employment Security Law so as to provide that service performed by a licensed real estate salesman for remuneration solely by way of commission shall not be deemed employment within the meaning of said act; and for other purposes.
Referred to Committee on Industry and Labor.

HB 98. By Messrs. Busbee of the 79th and Harris of the 118th: A bill to create the Georgia Youth Council; and for other purposes.
Referred to Committee on Rules.

HB 105. By Mrs. Hamilton of the 137th, Messrs. Gates of the 123rd and Adams of the 125th:
A bill to authorize the State Highway Department of Georgia to pay, as a part of the cost of construction of a project on any of the Federalaid highway systems, relocation expenses to eligible persons and busi nesses for the reasonable and necessary moving expenses caused by their displacement from real property acquired for such project; and for other purposes.
Referred to Committee on Highways.

HB 134. By Messrs. Lane and Nessmith of the 64th, Parker of the 55th, Newton of the 50th and Webb of the 65th:
A bill to amend an act relating to the creation of the office of solicitorgeneral 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 Retirement.

HB 154. By Messrs. Barber of the 24th, Harris of the 118th and others:
A bill to create the Commission on the Status of Women; and for other purposes.
Referred to Committee on Rules.

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JOURNAL OP THE SENATE,

HB 166. By Mr. McClatchey of the 138th:
A bill to amend an act known as the Georgia Insurance Code, so as to provide authority for the establishment of separate investment accounts by domestic life insurers for the funding of pension, retirement and profit sharing plans providing benefits payable in fixed or variable dollar amounts; and for other purposes.
Referred to Committee on Banking and Finance.

HB 187. By Messrs. Underwood of the 61st, Williams and Wood of the 16th, Harris and Smith of the 85th: A bill to amend an act governing and regulating the use of public roads and highways of this State; and for other purposes.
Referred to Committee on Highways.
HB 208. By Messrs. Egan of the 141st, Tye of the 115th, and McClatchey of the 138th: A bill to amend Title 92 (public revenue), so as to amend Code section 92-3103 as to when fiduciaries and beneficiaries are taxable and when they are relieved from tax on income of estates or trusts; and for other purposes.
Referred to Committee on Banking and Finance.
HB 223. By Messrs. Wiggins and Reid of the 32nd: A bill to amend Code chapter 24-34 relating to court costs in civil cases, so as to provide that no clerk shall file any civil action unless an ad vance court cost shall be deposited with the action; and for other purposes.
Referred to Committee on Judiciary.
HB 226. By Mr. McClatchey of the 138th: A bill to amend Code section 56-1022 relating to eligible investments of domestic insurers, so as to provide that mortgage loans on single family residential dwellings may not exceed eighty percent of the value of the real property or lease-hold securing same; and for other purposes.
Referred to Committee on Banking and Finance.

HB 252. By Messrs. Rowland of the 48th, Fulford of the 67th, Dailey of the 66th, Overby of the 16th and others:
A bill to amend an act known as the "Statewide Probation Act", so as to change the salary of each member of the State Board of Probation; and for other purposes.
Referred to Committee on Rules.

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353

HB 284. By Mr. Pickard of the 112th:
A bill to amend an act relating to taxation on certain intangible prop erty, so as to provide that no person shall be required to report such property and pay taxes thereon if the amount due is $5.00 or less; and for other purposes.
Referred to Committee on Banking and Finance.

HB 307. By Messrs. Harris and Smith of the 85th:
A bill to amend Code section 27-902, relating to amount of bail in mis demeanor cases, so as to provide that sheriffs and constables may ac cept cognizance bonds in certain misdemeanor cases involving military personnel; and for other purposes.
Referred to Committee on Judiciary.

HB 323. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend Code chapter 36-11, relating to the condemnation of property by those authorites who possess the power of eminent domain, so as to define the phrase "just and adequate compensation" as con tained therein and pursuant to the authority contained within Article 1, Section III, Paragraph I of the Constitution; and for other purposes.
Referred to Committee on Judiciary.

HB 325. By Messrs. Newton of the 94th, Marshall of the 39th, Lowrey of the 13th, Collins of the 88th and others:
A bill to amend an act entitled "an Act to be known as the 'Georgia Food Act' ", so as to regulate the manufacture, sale, delivery and the holding or offering for sale of food; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HB 335. By Messrs. Mitchell and Smith of the 3rd:
A bill to amend an act known as the Georgia Water Quality Control Act, so as to amend the powers of the Georgia Water Quality Control Board to remove the requirement of mandatory hearing prior to the rendition of any order by the Board; and for other purposes.
Referred to Committee on Health and Welfare.

HB 369. By Mr. Lovell of the 6th:
A bill to amend an act superseding and consolidating the laws relating to the State Game and Fish Commission, so as to authorize the State Game and Fish Commission to appoint deputy wildlife rangers of the State-at-Large; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

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JOURNAL OF THE SENATE,

HR 158. By Messrs. Chandler and Harrington of the 47th:
A resolution authorizing the conveyance of all that certain lot, tract or parcel of land containing 2.82 acres together with any and all permanent improvements located thereon or connected therewith lying and being in the corporate limits of the City of Milledgeville within the 320th Militia District of Baldwin County, Georgia to the Board of Trustees of the Georgia Military College; and for other purposes.
Referred to Committee on Rules.

HR 188. By Mr. Phillips of the 41st:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may grant to the governing au thority of Columbia County the right to construct and repair streets and sidewalks and to assess the costs thereof; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 190. By Messrs. Pickard, Brinkley and Jones of the 112th, Thompson and Berry of the 110th, Thompson and Shields of the lllth:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to combine or consolidate administra tive departments and functions of county and municipal governments within the limits of Muscogee County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 191. By Messrs. Pickard and Brinkley of the 112th, Thompson and Shields of the lllth, Thompson and Berry of the 110th:
A resolution proposing an amendment to the Constitution so as to provide that in lieu of the Commissioner of Roads and Revenues of Muscogee County and the City Commission of the City of Columbus, a single commission be established; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 194. By Mr. Thomas of the 77th:
A resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Wayne County to levy a tax not to exceed one mill for industrial development purposes; and for other purposes.
Referred to Committee on County and Municipal Governments.

FRIDAY, FEBRUARY 4, 1966

355

HR 195. By Mr. Marshall of the 39th:
A resolution proposing an amendment to the Constitution so as to create the Hancock County Development Authority; and for other pur poses.
Referred to Committee on County and Municipal Governments.

HR 200. By Messrs. Harris, Farrar, Walling and Levitas of the 118th, Palmer, Malone, Carley and Vaughn of the 117th and others:
A resolution proposing an amendment to the Constitution so as to authorize the Board of Commissioners of Roads and Revenues of DeKalb County to provide systems of garbage disposal; and for other purposes.
Referred to Committee on County and Municipal Governments.

The following bills and resolutions were read the second time:

SB 175. By Senators Yancey of the 33rd and Kendrick of the 32nd:
A bill to abolish the office of coroner of Cobb County; to create the office of medical examiner of Cobb County; and for other purposes.

SB 176. 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 services for the care and protection of chidren whose parents are absent from the home or are unable for other reasons to provide for parental supervision; and for other purposes.

SB 177. By Senator Kendrick of the 32nd:
A bill to amend an act known as the "Minimum Foundation Program of Education Act" so as to provide for a minimum wage for school lunch program personnel; and for other purposes.

SB 178. By Senators Gillis of the 20th, Gayner of the 5th, Dean of the 6th, Spinks of the 9th, Flowers of the 10th, Fincher of the 54th, Holloway of the 12th and Young of the 13th:
A bill relating to the qualification of candidates in primaries so as to provide the time for qualifying; and for other purposes.

SB 179. By Senator McKenzie of the 17th:
A bill relating to the duties of the State Revenue Commissioner; and for other purposes.

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JOURNAL OP THE SENATE,

SB 180. By Senator Eldridge of the 7th:
A bill to amend an Act creating the County Court of Atkinson County to change the qualifications of the judge of said court; and for other purposes.

SB 181. By Senators Johnson of the 38th and Coggin of the 35th:
A hill to provide that in counties with a certain population the office of Justice of the Peace Emeritus shall be created; and for other pur poses.

SB 183. By Senators Webb of the llth, Smith of the 18th, Gillis of the 20th and Rowan of the 8th:
A bill to create Fiscal Affairs Sub-committees of the Senate and the House of Representatives; to provide for the composition, duties, powers and meetings of such sub-committees; to provide for funds; to repeal conflicting laws; and for other purposes.

HB 109. By Mr. Dean of the 20th:
A bill to amend an act prohibiting the throwing or depositing of trash, garbage or other substances upon the public roads or public property of this State, so as to change the penalty for throwing or depositing any substances upon the public roads or property of this State; and for other purposes.

HB 133. By Messrs. Howard of the 101st, Abney, Hale and Snow of the 1st, Harris of the 85th, Henderson of the 102nd and others:
A bill to amend Code section 30-209, to provide that alimony payments to the wife shall cease on her remarriage; and for other purposes.

HB 137. By Mr. Overby of the 16th:
A bill to amend an act approved March 29, 1937, known as the "Un employment Compensation Law", by modifying the benefit tables to provide increased weekly benefit amounts and the qualifications and eligibility for benefits; and for other purposes.

HB 176. By Messrs. Moore of the 20th, Story of the 22nd and Parker of the 55th:
A bill to amend an act establishing a retirement system in the State Public Schools, so as to provide that the word "teacher" shall also include the director and any associate directiors of the Georgia Council on Education; and for other purposes.

FRIDAY, FEBRUARY 4, 1966

357

HB 197. By Mr. Hale of the 1st:
A bill to amend the Uniform Act Regulating Traffic on Highways, so as to re-define certain words and phrases; to provide that official traffic control devices are presumed to have been installed by lawful authority; to provide for lane control signal devices; and for other purposes.

HB 220. By Mr. Palmer of the 117th:
A bill to amend Code chapter 88-19, constituting a part of the Georgia Health Code, relating to regulations of hospitals and related institutions, so as to provide that any person, hospital or other organization may provide information or other data relating to the condition and treat ment of any person to research groups; and for other purposes.

HB 233. By Mr. Watkins of the 9th:
A bill to amend Code chapter 84-9 relating to the creation of the State Board of Medical Evaminers, so as to provide persons wishing to obtain a license to practice medicine shall furnish satisfactory evidence of having completed one year of training as an intern in a hospital in good standing with the State Board of Medical Examiners; and for other purposes.
HB 234. By Messrs. Etheridge of the 123rd and Townsend of the 140th:
A bill to amend Code chapter 74-1 relating to the relationship of parent to child, so as to provide for the visitation rights of grandparents under certain conditions; and for other purposes.

HB 326. By Messrs. Newton of the 94th, Marshall of the 39th, Lowrey of the 13th, Collins of the 88th, Reaves of the 99th and Black of the 56th:
A bill to amend an act known as the "Georgia Fertilizer Act of I960'' so as to provide for renewals of registration; and for other purposes.

HB 327. By Messrs. Newton of the 94th, Marshal lof the 39th, Lowrey of the 13th, Collins of the 88th and Reaves of the 99th:
A bill to amend an act relating to the regulation and sale of livestock at auctions, so as to provide that every operator of a sales establish ment for the sale of livestock at auction shall maintain a custodial account in a national or state chartered bank; and for other purposes.

HB 336. By Messrs. Wells of the 30th, Moore of the 20th, Matthews and Bedgood of the 29th, Johnson of the 40th, Dean of the 20th, Moore of the 12th and Brown of the 19th:
A bill to amend Code section 26-2603, relating to the larceny of certain motor vehicles, so as to provide for a new definition of motor vehicles

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JOURNAL OF THE SENATE,

covered under the provisions of this act; to provide that the theft of parts of these vehicles shall also be a crime; and for other purposes.

HB 355. By Mr. Rainey of the 69th:
A bill to abolish the present mode of compensating the clerk of the superior court, the sheriff, the ordinary and the tax commissioner of Crisp County, known as the fee system; and for other purposes.

HB 356. By Messrs. McClatchey of the 138th, Brown of the 120th, Longino of the 122nd, Lambros of the 130th, Adams of the 125th and Lea of the 126th and others:
A bill to amend the act approved August 20, 1927 to provide that cities having a population of more than 150,000 shall furnish pensions to all officers and employees of such cities, so as to provide additional pension benefits to former officers and employees who have been awarded pensions under the terms of this act; and for other purposes.

HB 384. By Mr. Black of the 56th:
A bill to authorize the governing authority of Chattahoochee County to assess and collect license fees, license and regulate taxicabs and cabs for hire, classify businesses and business enterprises, assess different license fees and taxes in the interest and welfare of the citizens of Chattahoochee County; and for other purposes.

HB 385. By Messrs. Matthews and Bedgood of the 29th:
A bill to amend an act relating to the licensing of warm air heating contractors, so as to provide that certain counties shall come within the terms and provisions of said act; and for other purposes.

HR 12. By Mr. Parker of the 55th:
A resolution compensating Mrs. Marjorie K. Knight; and for other purposes.

HR 63. By Mr. Holder of the 70th: A resolution compensating Mrs. Ola Burch; and for other purposes.

HR 64. By Mr. Games of the 129th: A resolution compensating W. H. Paradise; and for other purposes.

HR 71. By Messrs. Smith and Mitchell of the 3rd:
A resolution compensating Mrs. Patricia Nell Boswell; and for other purposes.

FRIDAY, FEBRUARY 4, 1966

359

HR 72. By Mr. Overby of the 16th:
A resolution compensating Mrs. Florence Euline Roberts; and for other purposes.

HR 79. By Mr. Russell of the 92nd:
A resolution compensating W. B. Garrison as clerk of the Commissioners of Roads and Revenues of Thomas County and Mr. W. L. Whittle, ST.; and for other purposes.

HR 95. By Mr. Reaves of the 99th: A resolution compensating M. J. Gaddis; and other purposes.

HR 96. By Mr. Reaves of the 99th: A resolution compensating J. A. Jarvis; and for other purposes.

HR 152. By Mr. Collins of the 62nd:
A resolution proposing an amendment to the Constitution so as to create the Toombs County Development Authority; and for other pur poses.

HR 154. By Mr. Maddox of the 8th:
A resolution proposing an amendment to the Constitution so as to create the Gordon County Development Authority; and for other pur poses.

HR 163. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thompson of the 110th, Shields and Thompson of the lllth:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to consolidate and combine the Muscogee County and City of Columbus Tax Assessors for both real and personal property: and for other purposes.

HR 164. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thompson of the 110th, Shields and Thompson of the lllth:
A resolution proposing an amendment to the Constitution so as to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Columbus and Muscogee County Building Commission; and for other purposes.

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JOURNAL OF THE SENATE,

Senator Rowan of the 8th District Secretary of the Committee on Rules submitted the following report:

Mr. President:

Your Committee on Rules has had under consideration the following bills and resolution of the Senate and House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SB 159. Do Pass by substitute. SR 55. Do pass. HB 192. Do pass as amended.
Respectfully submitted, Rowan of 8th District, Secretary.

Senator 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 fol lowing 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 158. Do pass. HB 60. Do pass.
Respectfully submitted, Fincher of 51st District, Chairman.

Senator Plunkett of the 30th District Chairman of the Committes on Retire ment submitted the following report:
Mr. President:
Your Committee on Retirement 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 98. Do pass by substitute. SB 137. Do pass. SB 174. Do pass.
Respectfully submitted, Plunkett of 30th District, Chairman.

FRIDAY, FEBRUARY 4, 1966

361

Senator Kidd of the 25th District Chairman of the Committee on Defense and Veterans Affairs submitted the following report:

Mr. President:

Your Committee on Defense and Veterans Affairs has had under considera tion the following bills of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 119. Do pass.
SB 143. Do pass.
Respectfully submitted,
Kidd of 25th District,
Chairman.

Senator 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 consideration the following Bills of the House and has instructed me as Vice Chairman, to report the same back to the Senate with the following recommenda tions:

HB 359. Do pass.

HB 360. Do pass.

HB 361. Do pass.

HB 362. Do pass.

HB 364. Do pass.

Respectfully submitted,



Coggin of 35th District,

Vice Chairman.

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

SB 39. By Senator Hill of the 29th:
A bill to amend an act providing and establishing a charter for the City of Woodbury in the County of Meriwether, approved August 16, 1913 (Ga. Laws 1913, p. 1264), as amended, so as to provide for a majority vote for the offices of mayor and councilmen; and for other purposes.

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JOURNAL OF THE SENATE,

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

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

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

SB 99. By Senator Hill of the 29th:
A bill to amend an act incorporating the Town of Greenville, in the County of Meriwether, approved September 12, 1887, (Ga. Laws 1886-87, p. 498), 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 37, nays 0.

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

HB 19. By Mr. Fulford of the 67th:
A bill to create a Board of Commissioners of Roads and Revenues for Terrell 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 22. By Mr. Mauldin of the 18th:
A bill to abolish the present mode of compensating the sheriff of Franklin County, known as the fee system; and for other purposes.

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

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

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

FRIDAY, FEBRUARY 4, 1966

363

HB 23. By Mr. Mauldin of the 18th:
A bill to amend an act incorporating the City of Royston, so as to provide that all members of the Council shall be elected from the city at large, in lieu of by wards; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.

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

HB 115. By Mr. Murphy of the 26th: A bill to amend an act providing an annual salary for the treasurer of Haralson County, so as to increase the compensation of the treasurer of Haralson County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.

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

HB 116. By Mr. Murphy of the 26th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Haralson County, so as to increase the salary of the Commissioner; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.

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

HB 181. By Mr. Crowe of the 80th:
A bill to abolish the present method of compensating the sheriff of Worth County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

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JOURNAL OF THE SENATE,

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

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

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

HB 183. By Mr. Murphy of the 26th:
A bill to abolish the present mode of compensating the sheriff and ordinary of Haralson 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 37, nays 0.

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

HB 235. By Mr. Dorminy of the 72nd:
A bill to provide that the clerk of the Superior Court of Ben Hill County shall 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 37, nays 0.

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

HB 249. By Mr. Brown of the 19th:
A bill to amend an act creating the office of Commissioner of Roads and Bridges and a Board of Finance for Hart County, so as to remove the provision limiting the cost of the preparation and publication of an itemized list of expenditures of Hart County in the official organ of said county; and for other purposes.

FRIDAY, FEBRUARY 4, 1966

365

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

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

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

HB 250. By Mr. Brown of the 19th:
A bill to abolish the present mode of compensating the clerk of the Superior Court and the ordinary of Hart County, known as the fee system; and other purposes.

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

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

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

HB 256. By Messrs. Bryant of the 108th, Jones, Knapp, Stewart and Wilson of the 109th:
A bill to amend an act re-enacting the charter of the City of Macon, so as to provide that the method and procedure for condemnation of property for the widening and changing of streets and the opening of new streets and alleys shall be any method and procedure now or hereafter authorized by the laws of Georgia; and for other purposes.

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

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

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

HB 305. By Mr. Clark of the 2nd:
A bill to repeal an act creating a Board of Utiliy Commissioners for Catoosa County, so as to provide that all vacancies on the Board of Utility Commissioners shall be filled by appointment by the govern ing authority; and for other purposes.

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

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On the passage of the bill, the ayes were 38, nays 0.

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

HB 359. By Messrs. Pickard, Brinkley and Jones of the 112th, Berry and Thompson of the 110th, Shields and Thompson of the lllth:
A bill to amend an act creating the Board of Commissioners of Roads and Revenues of Muscogee County, so as to change the time of the election of a chairman and vice-chairman for said Board from the first meeting in January following the General Election at which a new member shall have been elected; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 360. By Messrs. Pickard, Brinkley and Jones of the 112th, Berry and Thompson of the 110th and others: A bill to amend Code section 23-1704, providing for contractors to give bond on contracts for building or repairing any public building, so as to provide that in certain counties one good and solvent security for the faithful performance of the contract shall be sufficient; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.

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

HB 361. By Messrs. Pickard, Brinkley and Jones of the 112th, Berry and Thomp son of the 110th and others:
A bill to amend an act known as the Urban Redevelopment Law, so as to provide that in certain counties the term "municipality" used in said act shall also mean county, and to provide further that in any such county all powers, privileges, duties and immunities now or heretofore granted to municipalities are granted to every such county; and for other purposes.

FRIDAY, FEBRUARY 4, 1966

367

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

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

The bill, having received the requisite constitutional majority, was passed.
HB 362. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thompson of the 110th and others:
A bill to amend an act regulating traffic on the streets and highways of this State, so as to provide that in certain counties, law enforce ment vehicles may be equipped with a lighted lamp displaying a flash ing blue light; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.

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

HB 364. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thomp son of the 110th and others: A bill to amend an act providing for a permanent pension fund for certain present and future employees of Muscogee County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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

SB 7. By Senator Smalley of the 28th:
A bill to provide that it shall be unlawful for any person, firm or corporation, to operate or allow to be operated any truck, motor vehicle

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or other vehicle engaged in hauling or carrying any mixture which may be dislodged from said vehicle on the public roads of this State without having same covered or enclosed or without having taken any protective measure; and for other purposes.

Senator Smalley of the 28th moved that SB 7 be tabled.

On the motion to table, Senator Rowan of the 8th called for the ayes, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun Carter Coggin Jackson Johnson of 42nd Johnson of 38th Kendrick

Kidd
Kilpatrick
Lee Minish Noble Owens Searcey

Smalley Smith Tribble Ward Yancey

Those voting in the negative were Senators:

Adams Ballew Bateman Dean Eldridge Fincher of 51st Fincher of 64th Foster Gayner

Gillis Gregory Hill Holley Holloway Maclntyre Miller Moore McGill

McKenzie Padgett Rowan Salome Sanders Spinks Thompson Webb Wesberry

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

On the motion to table, the ayes were 19, nays 27, and the motion was lost.

Senator Foster of the 21st moved that SB 7 be indefinitely postponed.

On the motion to postpone, the ayes were 35, nays 6, and the motion prevailed.

FRIDAY, FEBRUARY 4, 1966

369

The following message was received from the House through Mr. Ellard the Clerk thereof:

Mr. President:

The House insists on its position to the following bill of the House, and has appointed a committee of conference on the part of the House, and requests that the Senate appoint a like committee to the following bill of the House to-wit:

HB 1. By Messrs. Smith of the 90th, Busbee of the 97th, Hale of the 1st, and Harris of the 118th:
A bill to amend an act providing appropriations for the State Govern ment for the fiscal year 1965-66 and the fiscal year 1966-67, and for other purposes.
The Speaker has appointed as conferees the following members of the House:
Messrs. Busbee of the 79th, Harris of the 118th, and Matthews of the 29th.
The House insists on its position to the following bill of the House, and has appointed a committee of conference on the part of the House, and requests that the Senate appoint a like committee to the following bill of the House to-wit:

HB 2. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, and Harris of the 118th:
A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1966 and the fiscal year ending June 30, 1967, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State and for other pur poses.
The Speaker has appointed as conferees the following members of the House:
Messrs. Busbee of the 79th, Harris of the 118th, and Matthews of the 29th.
SB 53. By Senators Lee of the 47th and Sanders of the 41st:
A bill to provide a different statute of limitations on any action, whether in contract, in tort or otherwise, to recover damages for any deficiency of construction of an improvement to real property, or for injury to property out of such deficiency; and for other purposes.

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JOURNAL OF THE SENATE,

The Committee on Judiciary offered the following substitute:

A BILL TO BE ENTITLED

An Act to provide a different statute of limitations on any action, whether in contract (oral or written, sealed or unsealed), in tort or otherwise, to recover damages

(1) for any deficiency in the design, planning, supervision or ob servation of construction or construction of an improvement to real property,

(2) for injury to property, real or personal, arising out of any such deficiency, or against any person performing or furnishing the design, planning, supervision or observation of construction, construction of such an improvement, or substantial completion of such an improve ment; to provide for an extension of this statute of limitations under certain circumstances; to provide that the limitations prescribed by this Act shall not be asserted by way of defense for any person in actual possession or control, as owner, tenant, or otherwise, of such an improvement at the time any deficiency in such an improvement con stitutes the proximate cause of the injury or death for which it is pro posed to bring an action; to provide exceptions; to provide definitions; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. No action, whether in contract (oral or written, sealed or unsealed), in tort or otherwise, to recover damages

(1) for any deficiency in the design, planning, supervision or observation of construction or construction of an improvement to real property, or

(2) for injury to property, real or personal, arising out of any such deficiency, or

(3) for injury to the person or for wrongful death arising out of any such deficiency, shall be brought against any person performing or furnishing the design, planning, supervision or observation of con struction, or construction of such an improvement more than ten years after substantial completion of such an improvement.
Section 2. Notwithstanding the provisions of Section 1 of this Act, in the case of such an injury to property or the person or such an injury causing wrongful death, which injury occurred during the tenth year after such substantial completion, an action in tort to recover damages for such an injury or wrongful death may be brought within two years after the date on which such injury occurred (irrespective of the date death) but in no event may such an action be brought

FRIDAY, FEBRUARY 4, 1966

371

more than twelve years after the substantial completion of construction of such an improvement.

Section 3. Nothing in this Act shall be construed as extending the period prescribed by the laws of this State for the bringing of any action.

Section 4. The limitation prescribed by this Act shall not be as serted by way of defense by any person in actual possession or the control, as owner, tenant, or otherwise, of such an improvement at the time any deficiency of such an improvement constitutes the proximate cause of the injury or death for which it is proposed to bring an action.

Section 5. As used in this Act, the term "person" shall mean an individual, corporation, partnership, business trust, unincorporated or ganization, association, or joint stock company.

Section 6. As used in this Act the phrase "substantial completion" shall mean the date of substantial completion of a project or specified area of a project when construction was sufficiently completed, in ac cordance with contract document, as modified by any change order agreed to by the parties, so that the owner could occupy the project or specified area of the project for the use it was intended.

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Sanders of the 41st offered the following amendment to the sub stitute to SB 53:
Amend SB 53 by Substitute by deleting the title thereof and sub stituting the following:
"An Act to provide a different statute of limitations on any action, whether in contract (oral or written, sealed or unsealed), in tort or otherwise, to recover damages
(1) for any deficiency in the design, planning, supervision or ob servation of construction or construction of an improvement to real property,
(2) for injury to property, real or personal, arising out of any such deficiency, or
(3) for injury to the person or for wrongful death arising out of any such deficiency, against any person performing or furnishing the design, planning, supervision or observation of construction, con struction of such an improvement, or substantial completion of such an improvement; to provide for an extension of this statute of limitations under certain circumstances; to provide that the limitations prescribed by this Act shall not be asserted by way of defense for any person in

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actual possession or control, as owner, tenant, or otherwise, of such an improvement at the time any deficiency in such an improvement consti tutes the proximate cause of the injury or death for which it is proposed to bring an action; to repeal conflicting laws; and for other purposes.

On the adoption of the amendment to the substitute, the ayes were 30, nays 0, and the amendment to the substitute was adopted.

On the adoption of the substitute as amended, the ayes were 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 30, nays 4.

The bill, having received the requisite constitutional majority, was passed by substitute as amended.
Senator Miller of the 43rd asked unanimous consent that SB 53 be im mediately transmitted to the House.
The consent was granted.
SB 85. By Senator Johnson of the 38th: A bill to create a State-wide tenure law for all administrative and teaching personnel of the public school system, except those who work directly under a State or local merit system; and for other purposes.

Senator Downing of the 1st offered the following amendment:
Amend SB 85 by deleting from section 2 the words "eighteen months" and inserting the words "twenty-four months".

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.

FRIDAY, FEBRUARY 4, 1966

373

On the passage of the bill, the president ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Ballew Bateman Coggin Foster Jackson Johnson of 42nd Johnson of 38th

Kendrick Kidd Kilpatrick Minish Moore McKenzie Owens Padgett

Salome Sanders Smalley Smith Spinks Ward Wesberry

Those voting in the negative were Senators:

Eldridge Fincher of 51st Gregory

Holloway Maclntyre McGill

Noble Plunkett Tribble

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

On the passage of the bill, the ayes were 23, nays 9.

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 on SB 85.
SB 54. By Senator Wesberry of the 37th: A bill to amend an act relating to the inspection of public records, approved February 27, 1959, (Ga. Laws 1959, p. 88), so as to provide for the inspection by the public of the records of any board, bureau, commission, authority or public agency which is wholly or partially supported by public moneys; and for other purposes.

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:

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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Adams Ballew Bateman Broun Carter Coggin Eldridge
Fincher of 51st Foster Gregory Holloway Jackson

Johnson of 38th Kendrick Kidd Kilpatrick Maclntyre Miller Moore McGill McKenzie Noble Owens Padgett

Plunkett Salome Sanders Smalley Smith Spinks Tribble Ward Wesberry Yancey

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

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

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

SB 115. By Senator Kilpatrick of the 44th:
A bill to amend Code section 59-203 relating to the drawing of names of persons to serve as jurors so as to change the maximum number of names that may be drawn; and for other purposes.

The report 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 92. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th, and Harris of the 118th: A bill to amend an act entitled the "Georgia Retailers' and Consumers' Sales and use Tax Act", so as to change the compensating of the dealer for collecting, accounting for, and remitting the tax levied by said act; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, FEBRUARY 4, 1966

375

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 Ballew Bateman Broun Carter Coggin Dean Eldridge Fincher of 51st Foster Gayner Gillis Gregory Holloway

Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Maclntyre Miller Minish Moore McGill McKenzie Noble Owens Padgett

Plunkett Rowan Salome Sanders Searcey Smalley Spinks Thompson Tribble Ward Webb Wesberry Yancey

Those voting in the negative were Senator Smith.

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

On the passage of the bill, the ayes were 41, nays 1. The bill, having received the requisite constitutional majority, was passed.

The following bill of the House was taken up for the purpose of considering the report of a Committee of Conference thereto:
HB 1. By Messrs. Smith of the 90th, Busbee of the 79th and others: A bill to amend an act providing appropriations for the State Govern ment for the fiscal year 1965-66 and the fiscal year 1966-67; and for other purposes.
The report of the Committee of Conference was as follows:
(1). The Conference Committee on House Bill No. 1 recommends that the House recede from its position on all Senate amendments.

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(2). The Committee recommends that the following- amendment to House Bill No. 1 be adopted by both the House and the Senate.

"House Bill No. 1 is hereby amended by adding a new section to be known as Section 1A to read as follows:

"Section 1A. Said Act is further amended by adding at the end of Subsection (A) of Section 19 the following:

'Provided, however, any other provisions of this Act or any other law to the contrary notwithstanding, all matters within the scope of this agency are hereby defined, for the purposes of this Act, to be one program or activity.' "

(3). By renumbering all sections to coincide with the aforesaid amendments.

For the Senate: Julian Webb of llth District John M. Gayner, III of 5th District

For the House: Busbee of 75th Harris of the 118th Matthews of 29th

Senator Webb of the llth moved that the Senate adopt the report of the Committee of Conference.

On the motion, 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 Eldridge Fincher of 51st Foster Gayner Gillis

Gregory Hill Holley Holloway Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Lee Maclntyre Miller

Minish Moore McGill McKenzie Noble Owens Padgett Plunkett Rowan Salome Sanders Searcey

Smalley Smith Spinks

FRIDAY, FEBRUARY 4, 1966

377

Thompson Ward Webb

Wesberry Yancey

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

On the motion, the ayes were 44, nays 0.
The motion prevailed, and the report of the Committee of Conference was adopted.
The following bill of the House was taken up for the purpose of considering the report of a Committee of Conference thereto:
HB 2. By Messrs. Smith of the 90th, Busbee of the 79th and others: A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1967, in addition to any other appropria tions heretofore or hereafter made for the operation of the agencies of the State; and for other purposes.

The report of the Committee of Conference was as follows:
(1). The Conference Committee on House Bill No. 2 recommends that the House recede from its position on all Senate amendments.
(2). The Committee recommends that the following amendment to House Bill No. 2 be adopted by both the House and the Senate.
"House Bill No. 2 is hereby amended by adding at the end of Section 19 the following:
'Provided, however, any other provisions of this Act or any other law to the contrary notwithstanding, all matters within the scope of this agency are hereby defined, for the purposes of this Act, to be one program or activity.' "
(3). By renumbering all sections to coincide with the aforesaid amendments.
For the Senate: Julian Webb of llth District John M. Gayner, III of 5th District

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JOURNAL OF THE SENATE,

For the House: Busbee of 79th Harris of the 118th Matthews of 29th

Senator Webb of the llth moved that the Senate adopt the report of the Committee of Conference to HB 2.

On the motion, 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 Carter Coggin Dean Eldridge Fincher of 51st Foster Gayner Gillis Gregory Hill Holley

Holloway Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Lee Maclntyre Miller Minish Moore McGill McKenzie Noble Owens

Padgett Plunkett Rowan Salome Searcey Snialley Smith Spinks Thompson Tribble Ward Webb Wesberry Yancey

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

On the motion, the ayes were 44, nays 0.
The motion prevailed, and the report of the Committee of Conference was adopted.
Senator Minish of the 48th asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Banking and Finance and recommitted to the Committee on Educational Matters:

SB 173. By Senators Carter of the 14th and Rowan of the 8th:
A bill to amend an act requiring the State Auditor to establish an equalized adjusted school property tax digest so as to change the provisions in establishing such digest so as to authorize the use of appraisals; to change the manner of appraising timberland; and for other purposes.

FRIDAY, FEBRUARY 4, 1966

379

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 report of the Committee of Conference on the following bill of the House:

HB 1. By Messrs. Smith of the 90th, Busbee of the 79th and others:
A bill to amend an act providing appropriations for the State Govern ment for the fiscal year 1965-66 and the fiscal year 1966-67, and for other purposes.

HB 2. By Messrs. Smith of the 90th, Busbee of the 79th and others:
A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1967, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State; and for other purposes.

Senator Hill of the 29th, Chairman of the Committee on Senate Administra tive 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 19. SB 46. SB 48. SB 90. SB 127.
Respectfully submitted, Hill of the 29th District, Chairman.

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JOURNAL OF THE SENATE,

The following resolutions were read and adopted:

SR 48. By Senator Gregory of the 15th:
A resolution commending Honorable Paul Stewart; and for other pur poses.

SR 50. By Senators Wesberry of the 37th, Coggin of the 35th, Johnson of the 38th, Thompson of the 34th, Ward of the 39th and Salome of the 36th:
A resolution relative to the change of the name of Georgia State College to Georgia State University; and for other purposes.

SR 54. By Senators Bateman of the 27th, Plunkett of the 30th, McKenzie of the 17th, Holloway of the 12th, Adams of the 26th and Kidd of the 25th:
A resolution urging the Georgia Delegation in the United States Con gress to oppose the federalization of the unemployment insurance and employment security programs; and for other purposes.

SR 56. By Senator Owens of the 49th:
A resolution commending the State Highway Department and Divisions One and Six of said Department for outstanding devotion to duty; 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 president announced the Senate adjourned until 11:00 o'clock Monday morning.

MONDAY, FEBRUARY 7, 1966

381

Senate Chamber, Atlanta, Georgia, Monday, February 7, 1966.

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 Jimmie L. Stallings, pastor, Southside Baptist Church, Cochran, Georgia.

Prayer was offered by Dr. Jacob M. Rothschild, rabbi of The Temple, At lanta, 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 Gregory 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 Sanders Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Wesberry Yancey Young

Senator Johnson of the 38th asked unanimous consent that the Senate recon sider its action of Friday on the following bill of the Senate:

SB 85. By Senator Johnson of the 38th:
A bill to create a State-wide tenure law for all administrative and teaching personnel of the public school system, except those who work directly under a State or local merit system; and for other purposes.

The consent was granted.

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JOURNAL OF THE SENATE,

Senator Hill of the 29th reported that the journal of Friday's proceedings had been read and found correct.

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

Senator 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 followingbills and resolutions of the House and Senate to-wit:

HB 395. By Mr. Caldwell of the 51st:
A bill to amend an act creating a new charter for the City of Thomaston, so as to provide for the removal of the city manager by the mayor and council by resolution, which resolution shall be final and conclusive and not subject to review; and for other purposes.

HB 400. By Messrs. Vaughn, Malone, Palmer and Carley of the 117th:
A bill to amend an act creating the office of Commissioner of Roads and Revenues for the County of Rockdale, so as to authorize the com missioner to appoint an executive assistant for the purpose of assisting the commissioner; and for other purposes.

HB 401. By Messrs. Vaughn, Malone, Palmer and Carley of the 117th:
A bill to amend an act creating the office of Commissioner of roads and revenues for Rockdale County, so as to change the compensation of the commissioner; and for other purposes.

MONDAY, FEBRUARY 7, 1966

383

HB 402. By Messrs. Vaughn, Malone, Palmer and Carley of the 117th:
A bill to abolish the present mode of compensating the sheriff of Rockdale County, known as the fee system; to provide in lieu thereof a fixed salary; and for other purposes.

HB 403. By Messrs. Carr and Rowland of the 48th:
A bill to amend an act incorporating the City of Sandersville, so as to abolish the Water and Light Commission and transfer all the functions of said Commission to the Mayor and Council; and for other purposes.

HB 407. By Mr. Jones of the 76th:
A bill to amend an act placing the clerk of the superior court, the sheriff and the tax commissioner of Mclntosh County upon an annual salary, so as to allow the clerk of the superior court to retain certain fees authorized for certain of his services; and for other purposes.

HB 409. By Mr. Smith of the 54th:
A bill to abolish the present mode of compensating the sheriff of Emanuel County, known as the fee system; and for other purposes.

HB 411. By Mr. McCracken of the 49th:
A bill to amend the Charter of the City of Wadley, by providing for the opening of registration books forty-five (45) days prior to the date of election and closing same fifteen (15) days prior to the date of election, whenever any election is to be held in and for the said City; and for other purposes.

HB 412. By Mr. Grahl of the 52nd:
A bill to amend an act creating a new charter for the City of Fort Valley, so as to provide maximum salaries for the mayor, recorder, city councilmen, chairman of the utility commission and members of the utility commission; and for other purposes.

HB 414. By Mr. Colwell of the 5th:
A bill to abolish the present mode of compensating the sheriff of Lumpkin County, known as the fee system; and for other purposes.

HB 415. By Mr. Clark of the 2nd:
A bill to abolish the present mode of compensating the Sheriff of Catoosa County, known as the fee system; and for other purposes.

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JOURNAL OF THE SENATE,

HB 417. By Mr. Thomas of the 77th:
A bill to provide for additional terms of the superior court of Wayne County; and for other purposes.

HB 422. By Mr. Williams of the 82nd:
A bill to amend an act creating a charter for the City of Douglas, so as to extend the corporate limits; and for other purposes.

HB 445. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A bill to amend an act abolishing the fee system in the Superior Courts of the Chattahoochee Judicial Circuit, as applied to the office of solicitor general, and providing for the payment of the salary of said solicitor general, so as to change the salary of said solicitor general; and for other purposes.

HB 446. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thompson of the 110th, Shields and Thompson of the lllth:
A bill to amend an act relating to the establishment of a City Court in the City of Columbus for Muscogee County, so as to change the salary of the judge and solicitor of said court; and for other purposes.

HB 392. By Mr. Smith of the 44th:
A bill to amend an act fixing the salary for the commissioners of Roads and Revenues of Pike County, so as to increase the compensation of the commissioners; and for other purposes.

HB 393. By Mr. Smith of the 44th:
A bill to amend an act fixing the salary of the Clerk of the Board of Commissioners of Roads and Revenues of Pike County, so as to change the compensation of the clerk; and for other purposes.

HB 394. By Mr. Smith of the 44th:
A bill to amend an act providing a new charter for the City of Zebulon,, so as to change the corporate limits of said City; and for other purposes.

HB 329. By Mr. Ware of the 42nd:
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.

MONDAY, FEBRUARY 7, 1966

385

HB 413. By Messrs. Dillon of the 128th, Hawkins of the 139th, Hood of the 124th, Adams of the 125th, Grier of the 132nd 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, so as to change the provisions as to reduced pension benefits; and for other purposes.

HB 424. By Mr. Land of the 53rd:
A bill to abolish the present mode of compensating the sheriff of Twiggs County, known as the fee system; and for other purposes.

HB 425. By Mr. Stovall of the 17th:
A bill to amend an act changing the mode of compensating the clerk of the superior court, the ordinary, the tax commissioner and coroner of Madison County, so as to change the compensation allowed the tax commissioner; and for other purposes.

HB 427. By Messrs. Lewis and Newton of the 50th:
A bill to change the terms of the Superior Court of Burke County; and for other purposes.

HB 453. By Mr. Houston of the 84th:
A bill to amend an act placing the sheriff of Pierce County on an annual salary in lieu of the fee basis of compensation, so as to change the salary of the sheriff; and for other purposes.

HB 455. By Mr. Irvin of the llth:
A bill to amend an act relating to the incorporation of the City of Cornelia, so as to clarify the provisions of the charter of the City of Cornelia, relating to the election of a member of the City Com mission from Ward Number One; and for other purposes.

HB 456. By Mr. Irvin of the llth:
A bill to amend an act relating to the incorporation of the City of Cornelia, so as to eliminate the limitation on the amount of salary per annum which may be paid the City Manager; and for other purposes.

HB 457. By Mr. Irvin of the llth:
A bill to amend an act relating to the incorporation of the City of Cornelia, so as to grant the power of eminent domain for the purpose

386

JOURNAL OF THE SENATE,

of acquiring lands, easements, rights in lands and water rights for public purposes of constructing water and sewer systems without the corporate limits of the City of Cornelia; and for other purposes.

HB 458. By Mr. Irvin of the llth:
A bill to amend an act establishing the city court of Habersham County, so as to change the compensation of the judge and solicitor of said court; and for other purposes.

HB 459. By Mr. Irvin of the llth:
A bill to amend an act relating to the incorporation of the City of Cornelia, so as to provide for the payment of monthly salaries to the members of the City Commission elected to serve as Mayor and other members of the City Commission; and for other purposes.

HB 460. By Messrs. Elliott of the 107th, Wilson, Steward and Knapp of the 109th:
A bill to amend an act providing a pension and/or retirement plan and fund for certain employees of Bibb County, so as to increase the maximum age for participation in the pension plan thereby created from 40 years to 55 years; and for other purposes.

HB 465. By Mr. Collins of the 88th:
A bill to change the terms of the Superior Court of Mitchell County; and for other purposes.

HB 466. By Mr. Collins of the 88th:
A bill to abolish the present mode of compensating the sheriff of Mitchell County, known as the fee system; and for other purposes.

HB 467. By Mr. Tucker of the 36th:
A bill to amend an act fixing the compensation of the members of the Board of Education of Henry County, so as to change the compensation of the Chairman and the other members of the Board; and for other purposes.

HR 150. By Mr. Mauldin of the 18th:
A resolution authorizing the conveyance of a certain tract of land in Franklin County to Garner D. Crump; and for other purposes.

HR 148. By Mr. Elliott of the 107th:
A resolution authorizing the conveyance of certain State Property lo cated in Bibb County, Georgia; and for other purposes.

MONDAY, FEBRUARY 7, 1966

387

SB 26. By Senators Broun of the 46th, Kilpatrick of the 44th, Hill of the 29th, and others:
A bill to amend an act creating a Department of Public Safety, so as to provide that the Director of Public Safety shall automatically revoke the driver's license of any person convicted of the theft of a motor vehicle or any part thereof; and for other purposes.

SB 27. By Senators Broun of the 46th, Kilpatrick of the 44th, Searcy of the 2nd and others:
A bill to amend Code Section 68-9916 relating to the unlawful sale or possession of certain vehicles from which identifying numbers have been removed or otherwise altered for the purpose of concealing or misrepresenting the identify of such vehicles so as to change the penalty for any such violation; and for other purposes.

HB 113. By Messrs. Brinkley of the 112th, Bedgood of the 29th and Starnes of the 13th:
A bill to amend Code Chapter 88-16, so as to provide that a test for phenylketonuria be administered to all infants; and for other purposes.

HB 322. A bill to amend Code Title 109 A known as the "Uniform Commercial Code", so as to provide definitions for the words "clearing corporation" and "custodian bank"; to provide for establishing means for accomplish ing appropriate delivery, transfer and pledge of investment securities within a Central Depository System; and for other purposes.

HB 165. By Messrs. Barber of the 24th and Harris of the 118th:
A bill to provide for the distribution of property when there is no sufficient evidence that persons have died otherwise than simultaneous ly; and for other purposes.

HB 51. By Mr. Busbee of the 79th:
A bill to amend an act providing revenue and a source of revenue for the purpose of paying pensions to the firemen of the State of Georgia, so as to change the amount of monthly pension benefits; and for other purposes.
HB 377. By Messrs. Carley and Vaughn of the 117th, Harris and Levitas of the 118th and Snow of the 1st:
A bill to amend an act providing for the dismissal of suits in the courts of this State when they have been pending for a period of 5 years or longer, so as to extend the provisions of this Act to other actions and proceedings; and for other purposes.

388

JOURNAL OF THE SENATE,

HB 289. By Messrs. Wilson and Henderson of the 102nd, Howard and McDaniell of the 101st and Jordan of the 103rd:
A bill to amend Code Section 47-102, relating to senatorial districts, so as to change the provisions relating to the 32nd and 33rd Senatorial Districts of Cobb County; and for other purposes.

HR 112. By Mrs. Meritt of the 68th and Mr. Blair of the 68th:
A resolution authorizing the conveyance of a certain tract of stateowned property; and for other purposes.

HB 229. By Mr. Lambros of the 130th:
A bill to amend Code Section 26-5101 relating to carrying concealed weapons, so as to include among weapons enumerated in said section razors, and ice picks and similar devices having sharp points; and for other purposes.

HR 204. By Mr. Hale of the 1st:
A resolution proposing an amendment to the Constitution, so as to provide that certain property in Bade County shall be exempt from all ad valorem taxes; and for other purposes.

HR 205. By Messrs. Williams, Wood and Overby of the 16th:
A resolution proposing an amendment to the Constitution, so as to provide that the county school superintendent of Hall County shall be appointed by the Board of Education of Hall County; and for other purposes.

HB 428. By Mr. Webb of the 65th:
A bill to amend an act incorporating the City of Guyton, so as to fix the date for the taking of office by the Mayor and Council-elect; and for other purposes.

HB 432. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th, and Snellings of the 104th:
A bill to amend the charter of the City of Augusta, so as to provide for a more equitable method of assessments for street improvements; and for other purposes.

HB 433. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th, and Snellings of the 104th:
A bill to amend the charter of the City of Augusta, so as to authorize the city council of Augusta to maintain on the streets a system of

MONDAY, FEBRUARY 7, 1966

389

sprinkling and to charge the cost against abutting property and the owners thereof, and against other persons using the streets, by repealing said Act in its entirety; and for other purposes.

HB 448. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A bill to amend an act abolishing the offices of tax receiver and tax collector of Muscogee County, so as to change the compensation to be paid said Tax Commissioner; and for other purposes.

HB 434. By Mr. McCracken of the 49th:
A bill to abolish the present mode of compensating the Coroner of Jefferson County, known as the fee system; and for other purposes.

HB 435. By Mr. McCracken of the 49th:
A bill to amend an act creating the office of treasurer for the county of Jefferson, so as to change the salary of the treasurer; and for other purposes.

HB 444. By Mr. Reaves of the 99th:
A bill to abolish the present mode of compensating the sheriff of Brooks County, known as the fee system; and for other purposes.

HB 447. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A bill to amend an act establishing the salary of the Sheriff of Mus cogee County, so as to change the salary of said sheriff; and for other purposes.

HB 450. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A bill to amend an act establishing a salary for the Clerk of the Superior Court of Muscogee County, so as to change the salary of said clerk; and for other purposes.

HB 451. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thompson of the 110th, Shields and Thompson of the lllth:
A bill to amend an act establishing the salary of the Ordinary of Muscogee County, so as to change the salary of said ordinary; and for other purposes.

390

JOURNAL OP THE SENATE,

HB 452. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thompson of the 110th, Shields and Thompson of the lllth:
A bill to amend an act abolishing justice courts and offices of justice of the peace and notary public ex officio justices of the peace and establishing in lieu thereof a municipal court for the City of Columbus and County of Muscogee, so as to change the provisions relating to the jurisdiction of said court; and for other purposes.

HB 454. By Mr. Houston of the 84th:
A bill to amend an act creating a new charter for the City of Blackshear, so as to change the method of electing aldermen; and for other purposes.

HR 209. By Messrs. Evensen, Bean, Westlake and Higginbotham of the 119th, Carley, Malone, Palmer and Vaughn of the 117th, Farrar, Walling, Harris and Levitas of the 118th:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of DeKalb County to appropriate public monies to support the activities of any private agency within said county which has been created for the purpose of providing a shelter for animals abondoned or lost; and for other purposes.

HR 215. By Messrs. Lovett and Knight of the 60th:
A resolution proposing an amendment to the Constitution so as to create the Dublin-Laurens School System by merging the independent school system of the City of Dublin and the county school system of Laurens County; and for other purposes.

HR 216. By Messrs. Elliott of the 107th, Knapp, Wilson and Stewart of the 109th:
A resolution proposing an amendment to the Constitution so as to empower the governing authority of Bibb County to adopt, revise, amend and modify pension, disability and retirement plans and to levy a tax to pay therefor in whole or in part; and for other purposes.

HR 217. By Messrs. Elliott of the 107th, Knapp, Wilson and Stewart of the 109th: A resolution proposing an amendment to the Constitution so as to em power the governing authority of Bibb County to establish, maintain, alter and discontinue a system or systems of recreation and to levy a tax to pay cost thereof; and for other purposes.
HR 218. By Messrs. Elliott of the 107th, Knapp, Wilson and Stewart of the 109th: A resolution proposing an amendment to the Constitution so as to empower the governing authority of Bibb County to levy a tax to pay

MONDAY, FEBRUARY 7, 1966

391

or contribute to the payment of insurance premiums for group life insurance, as well as for group hospital, surgical and medical care for employees and for other purposes.

HR 220. By Messrs. Wilson of the 102nd, McDaniell and Howard of the 101st, and Jordan of the 103rd:
A resolution proposing an amendment to the Constitution so as to authorize the City of Marietta to incur additional indebtedness for school purposes.
HR 221. By Mr. Tucker of the 36th:
A resolution proposing an amendment to the Constitution so as to provide for the appointment of the County school superintendent of Henry County by the Board of Education of Henry County; and for other purposes.

HR 223. By Mr. Tucker of the 36th:
A resolution to amend a resolution proposing an amendment to Article VIII, Section V, Paragraph I of the Constitution (Resolution Act No. 77, Ga. Laws 1958, p. 436) relating to the election of the members of the Board of Education of Henry County, so as to change the terms of office of the members of the Board and provide for staggered terms; and for other purposes.

HR 206. By Mr. Underwood of the 61st: A resolution proposing an amendment to the Constitution so as to create the Treutlen County Development Authority; and for other purposes.
HR 185. By Mr. Underwood of the 61st: A resolution proposing an amendment to the Constitution so as to create the Wheeler County Development Authority; and for other purposes.

HR 186. By Mr. Underwood of the 61st: A resolution proposing an amendment to the Constitution so as to create the Montgomery County Development Authority; and for other purposes.
HR 222. By Mr. Tucker of the 36th: A resolution proposing an amendment to the Constitution so as to create the Henry County Development Authority; and for other purposes.

392

JOURNAL OP THE SENATE,

The House agreed to the Senate amendment to the following bill of the House to-wit:

JIB 71. By Mr. Rush of the 75th:
A bill amending the act with reference to the compensation and ex penses of the Sheriff of Tattnall County; and for other purposes.

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

HB 202. By Messrs. Dollar of the 89th, Richardson of the 116th, and others: A bill to amend an act creating the "Georgia Ports Authority", so as to change the membership comprising said authority; and for other purposes.
The following bills and resolutions were introduced, read the first time, and referred to committees:

SB 189. By Senators Holley of the 22nd and Noble of the 19th:
A bill relating to the incorporation, organization and regulation of credit unions so as to prescribe a new procedure for the incorporation of credit unions and for amending their charters and by-laws and for the renewal of their charters; and for other purposes.
Referred to Committee on Banking and Finance.

SB 190. By Senators Gayner of the 5th, Searcey of the 2nd, Downing of the 1st, Tribble of the 3rd and Gillis of the 20th:
A bill relating to hotel keepers on beaches keeping lifeboats and other related items; and for other purposes.
Referred to Committee on Industry and Labor.

SB 191. By Senator Webb of the llth:
A bill relating to intoxicating liquors to provide that it shall be un lawful to sell or offer for sale alcoholic beverages, wine or malt beverages on certain holidays; and for other purposes.
Referred to Committee on Temperance.

SB 192. By Senator Webb of the llth:
A bill to amend an act known as the "Revenue Tax Act to legalize and control alcoholic beverages and liquors" so as to delete from a provision

MONDAY, FEBRUARY 7, 1966

393

of said Act, relating to the furnishing of alcoholic beverages to certain persons, the reference to furnishing alcoholic beverage to a minor; and for other purposes.
Referred to Committee on Temperance.

SB 193. By Senators Webb of the llth and Yancey of the 33rd:
A bill to amend Code Section 58-612 relating to furnishing liquor to minors so as to delete from said Section the provisions relating to ob taining written authority from the parent or guardian; and for other purposes.
Referred to Committee on Temperance.

SB 194. By Senators Johnson of the 38th, Thompson of the 34th, Maclntyre of the 40th, Wesberry of the 37th, Salome of the 36th, Coggin of the 35th and Ward of the 39th:
A bill relating to the jurisdiction of the court of ordinary in counties having a population of more than 500,000 according to the last or any future Federal decennial census; to provide for the appointment of a deputy ordinary to execute orders and issue licenses; and for other purposes.
Referred to Committee on County and Municipal Governments.

SR 57. By Senators Foster of the 21st, Rowan of the 8th and Adams of the 26th:
A resolution proposing an amendment to the Constitution so as to provide that no general or special bill shall be passed by the General Assembly which provides for direct financial participation on the part of counties, municipalities and other political subdivisions in the State of Georgia, unless the cost of such proposed legislation shall be made known to the governing authorities of such counties, etc.; and for other purposes.
Referred to Committee on Rules.

SR 58. By Senator Spinks of the 9th:
A resolution authorizing and directing the erection upon "Route No. 2 of Jefferson Davis Highway" of appropriate markers; and for other purposes.
Referred to Committee on Highways.

HB 51. By Mr. Busbee of the 79th:
A bill to amend an act providing revenue and a source of revenue for the purpose of paying pensions to the firemen of the State of Georgia, so as to change the amount of monthly pensions; and for other purposes.
Referred to Committee on Judiciary.

394

JOURNAL OP THE SENATE,

HB 113. By Messrs. Brinkley of the 112th, Bedgood of the 29th and Starnes of the 13th:
A bill to amend Code chapter 88-16, so as to provide that a test for phenylketonuria be administered to all infants; and for other purposes.
Referred to Committee on Health and Welfare.

HB 165. By Messrs. Barber of the 24th and Harris of the 118th:
A bill to provide for the distribution of property when there is no sufficient evidence that persons have died otherwise than simultaneous ly; and for other purposes.
Referred to Committee on Judiciary.

HB 229. By Mr. Lambros of the 130th:
A bill to amend Code section 26-5101 relating to carrying concealed weapons, so as to include among weapons enumerated in said section, razors, and ice picks and similar devices having sharp points; and for other purposes.
Referred to Committee on Judiciary.

HB 289. By Messrs. Wilson and Henderson of the 102nd, Howard and McDaniell of the 101st and Jordan of the 103rd:
A bill to amend Code section 47-102, relating to senatorial districts, so as to change the provisions relating to the 32nd and 33rd Senatorial Districts of Cobb County; and for other purposes.
Referred to Committee on Rules.

HB 322. By Messrs. Jones of the 76th and Smith of the 114th:
A bill to amend Code title 109A known as the "Uniform Commerical Code", so as to provide definitions for the words "clearing corporation" and "custodian bank"; to provide for establishing means for accom plishing appropriate delivery, transfer and pledge of investment securi ties within a Central Depository System; and for other purposes.
Referred to Committee on Banking and Finance.

HB 329. By Mr. Ware of the 42nd:
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 County and Municipal Governments.

MONDAY, FEBRUARY 7, 1966

395

HB 377. By Messrs. Carley and Vaughn of the 117th, Harris and Levitas of the 118th and Snow of the 1st:
A bill to amend an act providing for the dismissal of suits in the courts of this State when they have been pending for a period of five years or longer, so as to extend the provisions of this act to other actions and proceedings; and for other purposes.
Referred to Committee on Judiciary.

HB 392. By Mr. Smith of the 44th:
A bill to amend an act fixing the salary for the commissioners of Roads and Revenues of Pike County, so as to increase the compensation of the commissioners; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 393. By Mr. Smith of the 44th:
A bill to amend an act fixing the salary of the clerk of the Board of Commissioners of Roads and Revenues of Pike County, so as to change the compensation of the clerk; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 394. By Mr. Smith of the 44th: A bill to amend an act providing a new charter for the City of Zebulon, so as to change the corporate limits of said city; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 395. By Mr. Caldwell of the 51st:
A bill to amend an act creating a new charter for the City of Thomaston, so as to provide for the removal of the city manager by the mayor and council by resolution, which resolution shall be final and conclusive and not subject to review; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 400. By Messrs. Vaughn, Malone, Palmer and Carley of the 117th:
A bill to amend an act creating the office of Commissioner of Roads and Revenues for the County of Rockdale, so as to authorize the commissioner to appoint an executive assistant for the purpose of assisting the commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.

396

JOURNAL OF THE SENATE,

HB 401. By Messrs. Vaughn, Malone, Palmer and Carley of the 117th:
A bill to amend an act creating the office of Commissioner of Roads and Revenues for Rockdale County, so as to change the compensation of the commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 402. By Messrs. Vaughn, Malone, Palmer and Carley of the 117th:
A bill to abolish the present mode of compensating the sheriff of Rockdale County, known as the fee system, to provide in lieu thereof a fixed salary; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 403. By Messrs. Carr and Rowland of the 48th:
A bill to amend an act incorporating the City of Sandersville, so as to abolish the Water and Light Commission and transfer all functions of said commission to the mayor and council; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 407. By Mr. Jones of the 76th:
A bill to amend an act placing the clerk of the superior court, the sheriff and the tax commissioner of Mclntosh County upon an annual salary, so as to allow the clerk of the superior court to retain certain fees authorized for certain of his services; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 409. By Mr. Smith of the 54th:
A bill to abolish the present mode of compensating the sheriff of Emanuel County; known as the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 411. By Mr. McCracken of the 49th:
A bill to amend the charter of the City of Wadley, by providing for the opening of registration books forty-five (45) days prior to the date of election and closing same fifteen (15) days prior to the date of election, whenever any election is to be held in and for the said city; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 412. By Mr. Grahl of the 52nd:
A bill to amend an act creating a new charter for the City of Fort Valley, so as to provide maximum salaries for the mayor, recorder,

MONDAY, FEBRUARY 7, 1966

397

city councilman, chairman of the utility commission and members of the utility commission; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 413. By Messrs. Dillon of the 128th, Hawkins of the 139th, Hood of the 124th, Adams of the 125th, Grier of the 132nd 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 popu lation of more than 150,000, so as to change the provisions as to reduced pension benefits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 414. By Mr. Colwell of the 5th: A bill to abolish the present mode of compensating the sheriff of Lumpkin County, known as the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 415. By Mr. Clark of the 2nd: A bill to abolish the present mode of compensating the sheriff of Catoosa County, known as the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 417. By Mr. Thomas of the 77th: A bill to provide for additional terms of the superior court of Wayne County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 422. By Mr. Williams of the 82nd: A bill to amend an act creating a charter for the City of Douglas, so as to extend the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 424. By Mr. Land of the 53rd: A bill to abolish the present mode of compensating the sheriff of Twiggs County, known as the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

398

JOURNAL OF THE SENATE,

HB 425. By Mr. Stovall of the 17th:
A bill to amend an act changing the mode of compensating the clerk of the superior court, the ordinary, the tax commissioner and coroner of Madison County, so as to change the compensation allowed the tax commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 427. By Messrs. Lewis and Newton of the 50th: A bill to change the terms of the Superior Court of Burke County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 428. By Mr. Webb of the 65th:
A bill to amend an act incorporating the City of Guyton, so as to fix the date for the taking of office by the mayor and council-elect; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 432. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th and Snellings of the 104th:
A bill to amend the charter of the City of Augusta, so as to provide for a more equitable method of making assessments for street improve ments where the streets or alleys to be improved exceed 30 feet in width; and for other purposes.
Referred to committee on County and Municipal Governments.

HB 433. By Messrs. Fleming and Simkins of th 106th, Sherman and DeLong of the 105th and Snellings of the 104th:
A bill to amend the charter of the City of Augusta, so as to au thorize the city council of Augusta to maintain on the streets a system of sprinkling and to charge the cost against abutting property and the owners thereof; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 434. By Mr. McCracken of the 49th: A bill to abolish the present mode of compensating the coroner of Jefferson County, known as the fee system; and for other purposes.
Referred to Committtee on County and Municipal Governments.

MONDAY, FEBRUARY 7, 1966

399

HB 435. By Mr. McCracken of the 49th:
A bill to amend an act creating the office of treasurer for the County of Jefferson, so as to change the salary of the treasurer; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 444. By Mr. Reaves of the 99th:
A bill to abolish the present mode of compensating the sheriff of Brooks County, known as the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 445. By Messrs. Jones, Pickard, and Brinkley of the 112th, Berry and Thompson of the 110th, Shields and Thompson of the lllth:

A bill to amend an act abolshing the fee system in the Superior Courts

of the Chattahochee Judicial Circuit, as applied to the office of solicitor

general, and providing for the payment of the salary of said solicitor

general, so as to change the salary of said solicitor general; and for

other purposes.

*

Referred to Committee on County and Municipal Governments.

HB 446. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thompson of the 110th, Shields and Thompson of the lllth:
A bill to amend an act relating to the establishment of a city court in the City of Columbus for Muscogee County, so as to change the salary of the judge and solicitor of said court; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 447. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A bill to amend an act establishing the salary of the sheriff of Mus cogee County, so as to change the salary of said sheriff; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 448. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A bill to amend an act abolishing the offices of tax receiver and tax collector of Muscogee County ,so as to change the compensation to be paid said tax commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.

400

JOURNAL OP THE SENATE,

HB 450. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A bill to amend an act establishing a salary for the clerk of the Superior Court of Muscogee County, so as to change the salary of said clerk; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 4B1. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thomp son of the 110th and others:
A bill to amend an act establishing the salary of the Ordinary of Muscogee County, so as to change the salary of said ordinary; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 452. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thomp son of the 110th and others:
A bill to amend an act abolishing justice courts and offices of justice of the peace and notary public ex officio justices of the peace and establishing in lieu thereof a municipal court for the City of Columbus and County of Muscogee, so as to change the provisions relating to the jurisdiction of said court; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 453. By Mr. Houston of the 84th:
A bill to amend an act placing the sheriff of Pierce County on an annual salary in lieu of the fee basis of compensation, so as to change the salary of the sheriff; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 454. By Mr. Houston of the 84th:
A bill to amend an act creating a new charter for the City of Blackshear, so as to change the method of electing aldermen; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 455. By Mr. Irvin of the llth:
A bill to amend an act relating to the incorporation of the City of Cornelia, so as to clarify the provisions of the charter of the City of Cornelia relating to the election of a member of the City Commission from Ward Number One; and for other purposes.
Referred to Committee on County and Municipal Governments.

MONDAY, FEBRUARY 7, 1966

401

HB 456. By Mr. Irvin of the llth:
A bill to amend an act relating to the incorporation of the City of Cornelia, so as to eliminate the limitation on the amount of salary per annum which may be paid the city manager; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 457. By Mr. Irvin of the llth:
A bill to amend an act relating to the incorporation of the City of Cornelia, so as to grant the power of eminent domain for the purpose of acquiring lands, easements, rights in lands and water rights for public purpose of constructing water and sewer systems without the corporate limits of the City of Cornelia; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 458. By Mr. Irvin of the llth:
A bill to amend an act establishing the city court of Habersham County, so as to change the compensation of the judge and solicitor of said court; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 459. By Mr. Irvin of the llth:
A bill to amend an act relating to the incorporation of the City of Cornelia, so as to provide for the payment of monthly salaries to the members of the City Commission; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 460. By Messrs. Elliott of the 107th, Wilson, Stewart and Knapp of the 109th:
A bill to amend an act providing a pension and/or retirement pl;an and fund for certain employees of Bibb County, so as to increase the maximum age for participation in the pension plan thereby created from 40 years to 55 years; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 465. By Mr. Collins of the 88th: A bill to change the terms of the Superior Court of Mitchell County; and for other purposes.
Referred to Committee on County and Municipal Governments.

402

JOURNAL OF THE SENATE,

HB 466. By Mr. Collins of the 88th:
A bill to abolish the present mode of compensating the sheriff of Mitchell County, known as the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 467. By Mr. Tucker of the 36th:
A bill to amend an act fixing the compensation of the members of the Board of Education of Henry County, so as to change the compensation of the chairman and the other members of the Board; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 112. By Messrs. Meritt and Blair of the 68th:
A resolution authorizing the conveyance of a certain tract of stateowned property; and for other purposes.
Referred to Committee on Rules.

HR 148. By Mr. Elliott of the 107th:
A resolution authorizing the conveyance of certain state property located in Bibb County, Georgia; and for other purposes.
Referred to Committee on Rules.

HR 150. By Mr. Mauldin of the 18th:
A resolution authorizing the conveyance of a certain tract of land in Franklin County to Garner D. Crump; and for other purposes.
Referred to Committee on Rules.

HR 185. By Mr. Underwood of the 61st:
A resolution proposing an amendment to the Constitution so as to create the Wheeler County Development Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 186. By Mr. Underwood of the 61st:
A resolution proposing an amendment to the Constitution, so as to create the Montgomery County Development Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.

MONDAY, FEBRUARY 7, 1966

403

HR 204. By Mr. Hale of the 1st:
A resolution proposing an amendment to the Constitution, so as to provide that certain property in Bade County shall be exempt from all ad valorem taxes; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 205. By Messrs. Williams, Wood and Overby of the 16th:
A resolution proposing an amendment to the Constitution, so as to provide that the county school superintendent of Hall County shall be appointed by the Board of Education of Hall County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 206. By Mr. Underwood of the 61st:
A resolution proposing an amendment to the Constitution so as to create the Treutlen County Development Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 209. By Messrs. Evensen, Bean, Westlake, and Higginbotham of the 119th, Carley, Malone, Palmer and Vaughn of the 117th and others:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of DeKalb County to appropriate public monies to support the activities of any private agency within said county which has been created for the purpose of providing a shelter for animals abandoned or lost; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 215. By Messrs. Lovett and Knight of the 60th:
A resolution proposing an amendment to the Constitution so as to create the Dublin-Laurens School System by merging the independent school system of the City of Dublin and the county school system of Laurens County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 246. By Messrs. Elliott of the 107th, Knapp, Wilson and Stewart of the 109th:
A resolution proposing an amendment to the Constitution so as to empower the governing authority of Bibb County to adopt, revise, amend and modify pension, disability and retirement plans and to levy a tax to pay therefor in whole or in part; and for other purposes.
Referred to Committee on County and Municipal Governments.

404

JOURNAL OF THE SENATE,

HR 217. By Messrs. Elliott of the 107th, Knapp, Wilson and Stewart of the 109th:
A resolution proposing an amendment to the Constitution so as to empower the governing authority of Bibb County to establish, maintain, alter and discontinue a system or systems of recreation and to levy a tax to pay cost thereof; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 218. By Messrs. Elliott of the 107th, Knapp, Wilson and Stewart of the 109th:
A resolution proposing an amendment to the Constitution so as to empower the governing authority of Bibb County to levy a tax to pay or contribute to the payment of insurance premiums for group life insurance, as well as for group hospital, surgical and medical care for employees; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 220. By Messrs. Wilson of the 102nd, McDaniell and Howard of the 101st and Jordan of the 103rd:
A resolution proposing an amendment to the Constitution so as to authorize the City of Marietta to incur additional indebtedness for school purposes.
Referred to Committee on County and Municipal Governments.

HR 221. By Mr. Tucker of the 36th:
A resolution proposing an amendment to the Constitution so as to provide for the appointment of the County School Superintendent of Henry County by the Board of Education of Henry County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 222. By Mr. Tucker of the 36th:
A resolution proposing an amendment to the Constitution so as to create the Henry County Development Authority; and for other pur poses.
Referred to Committee on County and Municipal Governments.

HR 223. By Mr. Tucker of the 36th:
A resolution to amend a resolution proposing an amendment to the Constitution relating to the election of the members of the Board of Education of Henry County, so as to change the terms of office of the members of the Board; and for other purposes.
Referred to Committee on County and Municipal Governments.

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405

HB 202. By Messrs. Dollar of the 89th, Richardson of the 116th and others:
A bill to amend an act creating the "Georgia Ports Authority", so as to change the membership comprising said authority; and for other purposes.
Referred to Committee on Rules.

The following bills and resolutions were read the second time:

SB 182. By Senators Plunkett of the 30th, Coggin of the 35th and Broun of the 46th:
A bill to provide for a method, in addition to existing methods, for the annexation of contiguous territory to incorporated municipalities upon the application of not less than 60% of the owners representing at least 60% of the land area included in such application; and for other purposes.
SB 184. By Senator Ward of the 39th:
A bill relating to executors and administrators and the dispensing with the administration of certain estates so as to provide for the payment or delivery of the assests of an intestate decedent whose personal estate does not exceed a certain amount without the necessity of seeking letters of administration; and for other purposes.

SB 185. By Senator Ward of the 39th:
A bill relating to guardians and wards to provide for the dispensing with the necessity of appointing a guardian for certain minors and in competent persons when the personal property of a minor does not exceed $1,000.00; and for other purposes.

SB 186. By Senator Johnson of the 38th:
A bill to abolish capital punishment in the State of Georgia; to pro vide that no crime shall be punishable by death after the effective date of this Act; to provide that the prohibition of the death penalty shall apply to certain persons sentenced to death before the effective date of this act; and for other purposes.

SB 187. By Senators Wesberry of the 37th, Salome of the 36th, Johnson of the 38th, Thompson of the 34th, Ward of the 39th, Sanders of the 41st, Miller of the 43rd, Coggin of the 35th and Maclntyre of the 40th:
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.

406

JOURNAL OF THE SENATE,

SB 188. By Senator Minish of the 48th:
A bill to amend an act known as the "Minimum Foundation Program for Education Act' 'so as to provide that a pupil may transfer to an adjacent school system under certain conditions; and for other purposes.

HB 39. By Messrs. Harris and Farrar of the 118th, McDaniell of the 101st, Simkins of the 106th, Carley of the 117th and Jones of the 112th:
A bill to amend an act known as the Employment Security Law so as to provide that service performed by a licensed real estates salesman for remuneration solely by way of commission shall not be deemed employment within the meaning of said act; and for other purposes.

HB 98. By Messrs. Busbee of the 79th and Harris of the 118th: A bill to create the Georgia Youth Council; and for other purposes.

HB 105. By Mrs. Hamilton of the 137th, Messrs. Gates of the 123rd and Adams of the 125th:
A bill to authorize the State Highway Department of Georgia to pay, as a part of the cost of construction of a project on any of the Federalaid highway systems, relocation expenses to eligible persons and busi nesses for the reasonable and necessary moving expenses caused by their displacement from real property acquired for such project; and for other purposes.

HB 134. By Messrs. Lane and Nessmith of the 64th, Parker of the 55th, Newton of the 50th and Webb of the 65th:
A bill to amend an act relating to the creation of the office of solictorgeneral 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.

HB 154. By Messrs. Barber of the 24th, Harris of the 118th and others:
A bill to create the Commission on the Status of Women; and for other purposes.
HB 166. By Mr. McClatchey of the 138th:
A bill to amend an act known as the Georgia Insurance Code, so as to provide authority for the establishment of separate investment accounts by domestic life insurers for the funding of pension, retire ment and profit sharing plans providing benefits payable in fixed or variable dollar amounts; and for other purposes.

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407

HB 187. By Messrs, Underwood of the 61st, Williams and Wood of the 16th, Harris and Smith of the 85th:
A bill to amend an act governing and regulating the use of public roads and highways of this State; and for other purposes.

HB 208. By Messrs. Egan of the 141st, Tye of the 115th, and McClatchey of the 138th:
A bill to amend Title 92 (public revenue), so as to amend Code section 92-3103 as to when fiduciaries and beneficiaries are taxable and when they are relieved from tax on income of estates or trusts; and for other purposes.

HB 223. By Messrs. Wiggins and Reid of the 32nd:
A bill to amend Code chapter 24-34 relating to court costs in civil cases, so as to provide that no clerk shall file any civil action unless an advance court cost shall bo deposited with the action; and for other purposes.

HB 226. By Mr. McClatchey of the 138th:
A bill to amend Code section 56-1022 relating to eligible investments of domestic insurers, so as to provide that mortgage loans on single family residential dwellings may not exceed eighty percent of the value of the real property or lease-hold securing same; and for other purposes.

HB 252. By Messrs. Rowland of the 48th, Fulford of the 67th, Dailey of the 66th, Overby of the 16th and others: A bill to amend an act known as the "Statewide Probation Act", so as to change the salary of each member of the State Board of Proba tion; and for other purposes.
HB 284. By Mr. Pickard of the 112th: A bill to amend an act relating to taxation on certain intangible prop erty, so as to provide that no person shall be required to report such property and pay taxes thereon if the amount due is $5.00 or less; and for other purposes.
HB 307. By Messrs. Harris and Smith of the 85th: A bill to amend Code section 27-902, relating to amount of bail in misdemeanor cases, so as to provide that sheriffs and constables may accept cognizance bonds in certain misdemeanor cases involving military personnel; and for other purposes.

408

JOURNAL OP THE SENATE,

HB 323. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend Code chapter 36-11, relating to the condemnation of property by those authorities who possess the power of eminent domain, so as to define the phrase "just and adequate compensation" as con tained therein and pursuant to the authority contained within Article 1, Section III, Paragraph I of the Constitution; and for other purposes.

HB 325. By Messrs. Newton of the 94th, Marshall of the 39th, Lowrey of the 13th, Collins of the 88th and others:
A bill to amend an act entitled "an Act to be known as the 'Georgia Pood Act' ", so as to regulate the manufacture, sale, delivery and the holding or offering for sale of food; and for other purposes.

HB 335. By Messrs. Mitchell and Smith of the 3rd:
A bill to amend an act known as the Georgia Water Quality Control Act, so as to amend the powers of the Georgia Water Quality Control Board to remove the requirement of mandatory hearing prior to the rendition of any order by the Board; and for other purposes.

HB 369. By Mr. Lovell of the 6th:
A bill to amend an act superseding and consolidating the laws relating to the State Game and Fish Commission, so as to authorize the State Game and Fish Commission to appoint deputy wildlife rangers of the State-at-Large; and for other purposes.

HE 158. By Messrs. Chandler and Harrington of the 47th:
A resolution authorizing the conveyance of all that certain lot, tract or parcel of land containing 2.82 acres together with any and all permanent improvements located thereon or connected therewith lying and being in the corporate limits of the City of Milledgeville within the 320th Militia District of Baldwin County, Georgia to the Board of Trustees of the Georgia Military College; and for other purposes.

HR 188. By Mr. Phillips of the 41st:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may grant to the governing authority of Columbia County the right to construct and repair streets and sidewalks and to assess the costs thereof; and for other purposes.

HR 190. By Messrs. Pickard, Brinkley and Jones of the 112th, Thompson and Berry of the 110th, Thompson and Shields of the lllth:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to combine or consolidate administrative

MONDAY, FEBRUARY 7, 1966

409

departments and functions of county and municipal governments within the limits of Muscogee County; and for other purposes.

HR 191. By Messrs. Pickard and Brinkley of the 112th, Thompson and Shields of the lllth, Thompson and Berry of the 110th:
A resolution proposing an amendment to the Constitution so as to provide that in lieu of the Commissioner of Roads and Revenues of Muscogee County and the City Commission of the City of Columbus, a single commission be established; and for other purposes.

HR 194. By Mr. Thomas of the 77th:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Wayne County to levy a tax not to exceed one mill for industrial development purposes; and for other purposes.

HR 195. By Mr. Marshall of the 39th:
A resolution proposing an amendment to the Constitution so as to create the Hancock County Development Authority; and for other purposes.

HR 200. By Messrs. Harris, Parrar, Walling and Levitas of the 118th, Palmer, Malone, Carley and Vaughn of the 117th and others:
A resolution proposing an amendment to the Constitution so as to authorize the Board of Commissioners of Roads and Revenues of DeKalb County to provide system of garbage disposal; and for other purposes.

Senator 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 recommenda tions:
SB 41. Do Pass as Amended. SB 73. Do Pass. SB 74. Do Not Pass. HR 24. Do Pass.
Respectfully submitted, Fincher of 51st District, Chairman.

410

JOURNAL OF THE SENATE,

Senator Plunkett of the 30th District Chairman of the Committee on In dustry and Labor submitted the following report:

Mr. President:

Your Committee on Industry and Labor has had under consideration the fol lowing 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 165. Do Not Pass. HB 137. Do Pass.
Respectfully submitted,
Plunkett of 30th District,
Chairman.

Senator Rowan of the 8th District Chairman of the Committee on Rules submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following bill and resolution of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SR 8. Do Pass. HB 17. Do Pass. HR 136. Do Pass.
Respectfully submitted, Rowan of 8th District, Chairman.

Senator 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 Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 76. Do Pass. HR 9. Do Pass. HB 200. Do Pass by Substitute.
Respectfully submitted, Yancey of 33rd District, Secretary.

MONDAY, FEBRUARY 7, 1966

411

Senator 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 same back to the Senate with the following recommendations:
SB 164. Do Pass.

Respectfully submitted, Broun of 46th District, Chairman.

Senator 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 and resolution of the Senate and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SB 139. Do Pass as Amended. SR 29. Do Pass by Substitute.
Respectfully submitted, Carter of 14th District, Chairman.

Senator Pennington of the 45th District Chairman of the Committee on Agriculture and Natural Resoures submitted the following report:
Mr. President:
Your Committee on Agriculture and Natural Resources has had under consideration the following bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 3. Do Pass.
Respectfully submitted, Pennington of 45th District, Chairman.

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JOURNAL OF THE SENATE,

Senator 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 consideration the following Bills and Resolutions of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 94. Do Pass. SB 148. Do Pass. SB 149. Do Pass. SB 150. Do Pass. SB 175. Do Pass. SB 180. Do Pass. SB 187. Do Pass. HB 10. Do Pass. HB 20. Do Pass. HB 40. Do Pass. HB 67. Do Pass. HB 69. Do Pass. HB 73. Do Pass as Amended. HB 80. Do Pass. HB 87. Do Pass. HB 88. Do Pass. HB 99. Do Pass. HB 107. Do Pass. HB 108. Do Pass. HB 124. Do Pass. HB 130. Do Pass. HB 144. Do Pass. HB 151. Do Pass. HB 152. Do Pass. HB 153. Do Pass. HB 160. Do Pass. HB 177. Do Pass. HB 182. Do Pass.

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413

HB 184. Do Pass. HB 186. Do Pass. HB 188. Do Pass. HB 195. Do Pass. HB 196. Do Pass. HB 228. Do Pass. HB 230. Do Pass. HB 266. Do Pass. HB 267. Do Pass. HB 269. Do Pass. HB 274. Do Pass. HB 279. Do Pass. HB 285. Do Pass. HB 286. Do Pass. HB 287. Do Pass. HB 288. Do Pass. HB 291. Do Pass. HB 293. Do Pass. HB 294. Do Pass. HB 308. Do Pass. HB 309. Do Pass. HB 311. Do Pass. HB 312. Do Pass. HB 313. Do Pass. HB 328. Do Pass. HB 348. Do Pass. HB 349. Do Pass. HB 367. Do Pass. HR 43. Do Pass. HR 52. Do Pass. HR 76. Do Pass. HR 89. Do Pass. HR 97. Do Pass. HR 98. Do Pass.

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JOURNAL OF THE SENATE,

HR 113. Do Pass. HR 115. Do Pass. HR 163. Do Pass.

Respectfully submitted, Coggin of 35th District, Vice Chairman.

The following local, uncontested bills and resolutions, favorably reported by the committees, were read the third time and put upon their passage:
SB 94. 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 report 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 148. By Senators Thompson of the 34th, Coggin of the 35th, Wesberry of the 37th, Johnson of the 38th, Maclntyre of the 40th and others: A bill to amend an act establishing a new charter for the City of East Point in Pulton County, approved August 19, 1912 (Ga. L. 1912. pp. 862, et. seq.), as amended; and for other purposes.
The report 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 149. By Senators Thompson of the 34th, Coggin of the 35th, Ward of the 39th and others:
A bill to amend an act approved Septemeber 16, 1891, entitled "An Act to incorporate the City of Hapeville, Georgia; and for other pur poses." and the several acts amendatory thereof; and for other purposes.

MONDAY, FEBRUARY 7, 1966

415

The report 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 150. By Senators Thompson of the 34th, Coggin of the 35th, Ward of the 39th and others:
A bill to amend an act establishing a new charter for the City of East Point in Pulton County, as amended; and for other purposes.

The report 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 175. By Senators Yancey of the 33rd and Kendrick of the 32nd:
A bill to abolish the office of coroner of Cobb County; to create the office of medical examiner of Cobb County; and for other purposes.

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

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

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

SB 180. By Senator Eldridge of the 7th:
A bill to amend an act creating the County Court of Atkinson County, as amended, so as to change the qualifications of the judge of said court; and for other purposes.

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

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

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

416

JOURNAL OF THE SENATE,

HB 10. By Mr. Howell of the 86th:
A bill to abolish the present mode of compensating the sheriff of Early 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 32, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 20. By Mr. Pulford of the 67th: A bill to abolish the present method of compensating the sheriff of Lee County, known as the fee system; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 40. By Messrs. Melton and Gaissert of the 34th:
A bill to amend the charter of the City of Griffin, relating to the Commissioner's salary; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

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

HB 73. By Mr. Spillers of the 37th: A bill to amend an act granting a new charter to the City of Covington, so as to clarify certain provisions therein; and for other purposes.
Senator Pennington of the 45th offered the following amendment: Amend HB 73 by striking from subsection (k) which is quoted in section 1 the words:

MONDAY, FEBRUARY 7, 1966

417

"the sum of double the amount of", and inserting in lieu thereof the words and figures:

"a sum equal to ten (10%) per cent of the".

On the adoption of the amendment, the ayes were 31, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 31, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
HB 67. By Mr. Dorminy of the 72nd: A bill to amend an act amending and revising the charter for the City of Fitzgerald; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

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

HB 69. By Mr. Rush of the 75th:
A bill to amend an act creating a board of commissioners of roads and revenues for the County of Tattnall, so as to change the compensation of the commissioner; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

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

418

JOURNAL OP THE SENATE,

HB 266. By Mr. Savage of the 58th:
A bill to amend an act placing the ordinary of Macon County on a salary basis in lieu of the fee system of compensation, so as to change the compensation 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 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 267. By Mr. Savage of the 58th: A bill to amend an act placing the tax receiver of Macon County on a salary basis in lieu of the fee system of compensation, so as to change the compensation of the tax receiver; and for other purposes.

The report 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 269. By Mr. McCracken of the 49th: A bill to establish a new charter for the City of Louisville, so as to provide that the book for the registration of voters shall be opened at all times except for periods of 20 days before each election; and for other purposes.
The report 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.

MONDAY, FEBRUARY 7, 1966

419

HB 274. By Mr. Brackin of the 87th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Miller County, so as to change the provisions relating to 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 31, nays 0.

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

HB 80. By Mr. Wells of the 30th: A bill to fix the terms of the Superior Court of Oglethorpe 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 87. By Mr. Johnson of the 40th:
A bill to amend an act entitled "An act to incorporate the town of Bearing, in McDuffie County", so as to increase the term of office of the mayor and councilmen; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 88. By Mr. Johnson of the 40th: A bill to amend an act amending, consolidating and superseding previous acts relating to the incorporation of the City of Thomson, so as to change the procedure for the sale of property belonging to the city; and for other purposes.

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JOURNAL OF THE SENATE,

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

On the passage of the bill, the ayes were 33, nays 0.

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

HB 99. By Mr. Hawkins of the 139th: A bill to amend an act to create a new charter for the City of Alpharetta, by providing for the number of council members to be elected to the city council of said Alpharetta; and for other purposes.
The report 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 107. By Mr. Longino of the 122nd: A bill to amend an act creating a new charter for the City of Pairburn, so as to extend the city limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

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

HB 108. By Mr. Rush of the 75th:
A bill to amend an act establishing the City Court of Reidsville, so as to increase the compensation of the judge; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

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

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421

HB 124. By Mr. Wells of the 30th:
A bill to abolish the present system of compensating the sheriff of Oglethorpe 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 33, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 130. By Messrs. Dailey of the 66th, Howell of the 86th, Fulford of the 67th, Jordan of the 78th and others: A bill to amend an act fixing the compensation of the solicitor general of the Pataula Judicial Circuit, so as to increase the compensation of the solicitor general of the Pataula Judicial Circuit; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

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

HB 144. By Messrs. Carr and Rowland of the 48th:
A bill to amend, consolidate and supersede the previous acts relating to the incorporation of the Town of Harrison and to provide a new charter therefor; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

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

422

JOURNAL OF THE SENATE,

HB 151. By Messrs. Vaughn and Harris of the 14th:
A bill to create and establish a joint Airport Authority for the City of Cartersville and the County of Bartow; and for other purposes.

The report 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 152. By Messrs. Harris and Vaughan of the 14th: A bill to amend an act incorporating the City of Adairsville, so as to extend and redefine the corporate limits of the city; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.

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

HB 153. By Messrs. Harris and Vaughan of the 14th:
A bill to amend an act incorporating the City of Adairsville, so as to provide that compensation be paid to the members of the mayor and council; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

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

HB 160. By Mr. Harrison of the 98th:
A bill to amend an act creating and establishing a new charter for the City of Polkston in the County of Charlton, so as to provide for council posts; and for other purposes.

MONDAY, FEBRUARY 7, 1966

423

The report 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 Messrs. Carnes of the 129th, Daugherty of the 134th, Gates and Cook of the 123rd: A bill to amend an act to establish the Criminal Court of Atlanta, so as to provide for the number of investigators which may be appointed by the solicitor-general; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 182. By Mr. Hadaway of the 46th: A bill to abolish the present mode of compensating the sheriff of Jasper 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.

HB 184. By Messrs. Newton and Lewis of the 50th:
A bill to abolish the present mode of compensating the sheriff of Jenkins County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

424

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 186. By Mr. Brackin of the 87th:
A bill to fix, allow and provide for the compensation of the sheriff of Miller 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 188. By Mr. Underwood of the 61st: A bill to amend an act establishing a new charter for the town of Higgston, so as to change the corporate limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 195. By Mr. NeSmith of the 43rd: A bill to amend an act placing the compensation of the sheriff, the clerk of the superior court, the ordinary and coroner of Meriwether County on a salary basis in lieu of a fee basis, so as to change the compensation of the sheriff, 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.

MONDAY, FEBRUARY 7, 1966

425

On the passage of the bill, the ayes were 33, nays 0.

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

HB 196. By Mr. NeSmith of the 43rd:
A bill to amend an act abolishing the office of treasurer of Meriwether County and providing for depositories for the deposit of county funds, so as to change the provisions relating to the depositories for the de posit of county funds; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

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

HB 228. By Mr. Pafford of the 97th:
A bill to abolish the present mode of compensating the sheriff of Atkinson 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 230. By Mr. Byrd of the 28th:
A bill to amend an act relating to incorporating the City of Monroe in Walton County and define its limits, so as to provide that the mayor and 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 31, nays 0.

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

426

JOURNAL OF THE SENATE,

HB 279. By Messrs. Lee, Gary and Harrell of the 35th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Clayton County, so as to provide that the Clayton County purchasing agent shall be a full-time employee of Clayton County and shall be eligible to come under the Clayton County Civil Service System; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.

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

HB 285. By Messrs. Hale, Abney and Snow of the 1st:
A bill to amend an act abolishing the offices of the tax collector and tax receiver of Bade County and creating in lieu thereof the office of tax commissioner, so as to change the compensation of the tax com missioner; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.

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

HB 286. By Messrs. Hale, Abney and Snow of the 1st:
A bill to amend an act creating the office of Commissioner of Roads and Revenue for Bade County, so as to change the compensation of the commissioner; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.

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

MONDAY, FEBRUARY 7, 1966

427

HB 287. By Messrs. Hale, Abney and Snow of the 1st:
A bill to amend an act placing the ordinary of Dade County upon an annual salary, so as to increase the maximum clerical expense allowance for 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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 288. By Messrs. Hale, Abney and Snow of the 1st: A bill to abolish the present mode of compensating the sheriff of Dade 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 291. By Mr. Wells of the 30th: A bill to amend an act incorporating the Town of Farmington in the County of Oconee, so as to provide for an election for the mayor and council; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 293. By Mr. Caldwell of the 51st: A bill to place the ordinary of Upson County upon an annual salary in lieu of the fee system of compensation; and for other purposes.

428

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 294. By Mr. Caldwell of the 51st:
A bill to amend Code section 24-1801, relating to clerks of county ordinaries, so as to authorize the ordinaries in certain counties to appoint a clerk whose salary shall be paid from county funds; and for other purposes.

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

On the passage of the bill, the ayes were 31, nays 0.

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

HB 308. By Mr. Moore of the 12th:
A bill to amend an act placing the clerk of the Superior Court of Stephens County upon an annual salary, so as to increase the allotment of county funds for the purpose of compensating personnel within his 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 31, nays 0.

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

HB 309. By Mr. Moore of the 12th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues in the County of Stephens, so as to change the terms of the commissioners; and for other purposes.

MONDAY, FEBRUARY 7, 1966

429

The report 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 311. By Mr. Moore of the 12th: A bill to amend an act placing the ordinary of Stephens County upon an annual salary, so as to increase the allotment to the ordinary for the purpose of compensating personnel within his 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 31, nays 0.

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

HB 312. By Mr. Savage of the 58th:
A bill creating a Small Claims Court in each county having certain population; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 313. By Mr. Collins of the 62nd: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Toccoa County, so as to change the maximum com pensation of the clerk 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.

430

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 328. By Messrs. Sullivan, Barfield and Bennett of the 95th:
A bill to place the sheriff of Lowndes County upon an annual salary; to provide for the disposition of all fees and commissions formerly allowed the sheriff as 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 31, nays 0.

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

HB 348. By Mr. Underwood of the 61st:
A bill to abolish the present mode of compensating the sheriff of Treutlen 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 31, nays 0.

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

HB 349. By Mr. Underwood of the 61st:
A bill to abolish the present mode of compensating the sheriff of Montgomery 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 31, nays 0.

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

MONDAY, FEBRUARY 7, 1966

431

HB 367. By Messrs. Lee, Gary and Harrell of the 35th:
A bill to change the name of a certain militia district located in Clayton County; and for other purposes.

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

On the passage of the bill, the ayes were 31, nays 0.

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

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

SB 21. By Senator Kidd of the 25th:
A bill to amend Code title ii, known as the "Georgia Health Code", as amended, so as to create within the Department of Public Health an autonomous Division of Mental Health; to define the powers, duties and functions of the Division; and for other purposes.
Senator Fincher of the 51st offered the following amendment:
Amend SB 21 by adding a new section 3 on the last page to read:
The budget for this commission shall be the same amount furnished the Board of Health, by the General Assembly for purposes of mental health, and renumbering the present section 3 and 4 to 4 and 5 re spectively.

On the adoption of the amendment, the ayes were 33, nays 0, and the amendment was adopted.
Senator Fincher of the 51st offered the following amendment:
Amend SB 21, section 88-607 by inserting the figures $30,000 instead of $27,500 in line 10 of this section.

On the adoption of the amendment, the ayes were 30, nays 0, and the amendment was adopted.
Senator Kidd of the 25th offered the following amendment:

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JOURNAL OF THE SENATE,

Amend SB 21 by substituting the word "now" for the word "nor" in subsection (1) of section 88-613 of section 1 of said bill and by substitut ing the word "visitation" for the word "vicitation" in subsection (q) of said section.

On the adoption of the amendment, the ayes were 34, nays 0, and the amendment was adopted.
Senator Maclntyre of the 40th offered the following amendment:
Amend SB 21 by striking the last sentence of subsection (1), section 88-613 and by striking the last sentence of subsection (c), section 88625.
By striking Section 88-628 in its entirety.
The amendment was adopted.
Senator Gayner of the 5th offered the following amendment:
Amend SB 21 by adding after section 3 a new section to be numbered "4" to provide as follows:
"section 4. All actions of the division and of the commission shall be subject to the provisions of the "Georgia Administrative Procedures Act", Georgia Laws 1964, p. 338"; and by re-numbering section 4 as section 5"
The amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 28, nays 14.

The bill, having received the requisite constitutional majority, was passed as amended.
Senator Kidd of the 25th asked unanimous consent that SB 21 be immediately transmitted to the House.
The consent was granted.

MONDAY, FEBRUARY 7, 1966

433

SB 85. By Senator Johnson of the 38th:
A bill to create a State-wide tenure law for all administrative and teaching personnel of the public school system, except those who work directly under a State or local merit system; and for other purposes. Senator Downing of the 1st offered the following amendment: Amend SB 85 by deleting from section 2 the words "eighteen months" and inserting the words "twenty-four months".

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, Senator Johnson of the 38th called for the ayes and nays, and the call was sustained.
A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Bateman Coggin Dean Downing Foster Gayner Hall Holley Jackson

Johnson of 42nd Johnson of 38th Kendrick Kidd Lee Miller Minish Owens Padgett Pennington

Rowan Salome Sanders Searcey Smalley Smith Thompson Ward Wesberry Yancey

Those voting in the negative were Senators:

Broun Carter Eldridge Fincher of 51st Gillis

Holloway Kilpatrick Maclntyre McGill Noble

Plunkett Tribble Webb Young

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

On the passage of the bill, the ayes were 29, nays 14.

434

JOURNAL OF THE SENATE,

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

HB 3. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend an act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Com mission, so as to increase certain license fees; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 1.

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

Senator Ballew of the 50th asked unanimous consent that HB 3 be im mediately transmitted to the House.

The consent was granted.

SB 88. By Senators Holley of the 22nd, Kidd of the 25th, Noble of the 19th, Salome of the 36th and Loggins of the 53rd:
A bill to provide for the incorporation of regulated certified banks; and for other purposes.

The Committee on Banking and Finance offered the following amendment:
Amend SB 88 by inserting a comma in the first sentence of Section 7 (a) between the word "them" and the word "in";
By striking from Section 7 (b) (3) the figures "200,000.00" and "200,001.00" and inserting in lieu thereof the figures "250,000.00" and "250,001.00", respectively;
By striking from the first sentence of Section 13 the words "When the ordinary shall have certified that the publication of the application has been filed by the applicants in the office of the Secretary of State" in their entirety and inserting in lieu thereof the words "When the certificate of the ordinary to the fact of the publication of the application shall have been filed by the applicants in the office of the Secretary of State and the notification of the Superintendent of Banks

MONDAY, FEBRUARY 7, 1966

435

approving the application shall likewise be filed with the Secretary of State, then";
By striking from Section 17 (a) wherever the same shall appear the words, figure and symbols "six inches (6")" and inserting in lieu thereof the words, figure and symbols "four inches (4")";

By striking from Section 22 (a) the words "sum of $350.00 as an examination fee" and inserting in lieu thereof the following; "fol lowing fees in the following amounts:

Where the total resources are $400,000, or less,

$ 250

Where the total resources are more than--

$400,000 and not exceeding $500,000 .......................

180

$500,000 and not exceeding $600,000 .._.._,,..._____.______....__.... 200

$600,000 and not exceeding $700,000 .._.___...__.._..__,,_ ...........

240

$700,000 and not exceeding $800,000 ...................... 280

$800,000 and not exceeding $900,000 .............._.................. 330

$900,000 and not exceeding $1,000,000 ..........--..._

360

$1,000,000 and not exceeding $1,200,000 --___....----,,._.......... 400

$1,200,000 and not exceeding $1,400,000 .-._...... -,,.... 450

$1,400,000 and not exceeding $1,600,000 ....... ........

500

$1,600,000 and not exceeding $1,800,000 ...._...-.---_-,,.... 560

$1,800,000 and not exceeding $2,000,000 -...^.... _.--..... 630

$2,000,000 and not exceeding $2,250,000 ....... ..------....

730

$2,250,000 and not exceeding $2,500,000 ._.._.....___..__.__..._....... 800

$2,500,000 and not exceeding $2,750,000 _...._.______.._._...._.. 900

$2,750,000 and not exceeding $3,000,000 ___...._...._____._._.-.......... 970

$3,000,000 and not exceeding $3,500,000 ..._._...--,,-,,... 1,020

$3,500,000 and not exceeding $4,000,000 -_....._..._..---...

1,080

$4,000,000 and not exceeding $4,500,000 ._......_.,,.-.,,....... 1,140

$4,500,000 and not exceeding $5,000,000 _..._..,,.._____.__.,,....... 1,200

$5,000,000 and not exceeding $6,000,000 ._....___.______.__.......... 1,270

$6,000,000 and not exceeding $7,000,000 ....___._._._............ 1,350

$7,000,000 and not exceeding $8,000,000 ._.____..__._.--.... ...._. 1,420

$8,000,000 and not exceeding $10,000,000 .................. 1,500

$10,000,000 and not exceeding $12,500,000 .._.,,._.

1,570

$12,500,000 and not exceeding $15,000,000 ....._.._.............................. 1,650

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JOURNAL OF THE SENATE,

$15,000,000 and not exceeding $17,500,000 _._.......... ____ ..... ....... 1,720 $17,500,000 and not exceeding $20,000,000 ......................... .......... 1,800 $20,000,000 and not exceeding $25,000,000 . ... ................. ............ 1,870 $25,000,000 and not exceeding $30,000,000 ...................................... 1,950 $30,000,000 and not exceeding $35,000,000 .............................. ... 2,100 $35,000,000 and not exceeding $40,000,000 ..__....__...._._... .............. 2,250

Where the total resources are more than $40,000,000, $2,250, plus $20 per $1,000,000 of resources over $40,000,000."

By striking from the first sentence of Section 34 the words "When the ordinary shall have certified that the publication of the application for amendment has" and inserting in lieu thereof the words "When the certificate of the ordinary to the fact of the publication of the application for amendment shall have";

By striking from Section 52 the word and figure "March 1" and inserting in lieu thereof the word and figure "July 1".

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

Senator Holley of the 22nd offered the following amendment:
Amend SB 88 by striking from the end of Section 7 (b) (2) the words "is located" and inserting in lieu thereof the words "seeking incorporation was located on January 1, 1966";
By Striking the period at the end of Section 15 and adding at the end of said Section the following:
", except that in determining whether said minimum capital struc ture has been maintained, the Superintendent of Banks shall take into consideration the fluctuations in deposits experienced by said bank, and so long as the Superintendent of Banks determines, in his descretion, that said bank has maintained a satisfactory minimum capital structure over the period covered by his examination, then said bank shall be deemed to be in compliance with this section.";
By inserting in the first sentence of Section 48 (a) between the word "persons" and the word "doing" the words and comma "firms, associations or other entities";
By renumbering Section 53 as Section 54;

MONDAY, FEBRUARY 7, 1966

437

By adding a new Section 53 to read as follows:

"Section 53. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged in valid 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 uncon stitutional were 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."

On the adoption of the amendment, the ayes were 43, nays 0, and the amendment was adopted.

Senator Kidd of the 25th offered the following amendment:
Amend SB 88 by striking Section 48 (a) in its entirety and inserting in lieu thereof a new Section 48 (a) to read as follows:
"Section 48 (a). All persons doing a banking business as a private bank or as a private banker, who fail to apply for a certificate of in corporation as a regulated certificated bank under the provisions of this Act or for a charter to do business as a State chartered bank, under the provisions of Code Title 13, known as the "Banking Law", within twelve (12) months after the effective date of this Act, shall cease accepting or receiving deposits or otherwise conducting a banking business, upon the expiration of such twelve (12) month period."

On the adoption of the amendment, Senator Kidd of the 25th 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 Dean Eldridge Fincher of 54th

Gillis Kidd Rowan Salome

Spinks Young

Those voting in the negative were Senators:

Adams Ballew Broun Carter Coggin

Downing Edenfield Fincher of 51st Foster Gayner

Gregory Hall Hill Holley Holloway

438

JOURNAL OF THE SENATE,

Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Miller

Minish McGill McKenzie Owens Pennington Plunkett Sanders Searcey

Smalley Smith Thompson Tribble Ward Webb Wesberry Yancey

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

On the adoption of the amendment, the ayes were 10, nays 39, and the amendment was lost.

Senator Kidd of the 25th offered the following amendment:
Amend SB 88 by striking from Section 52 the words and figures "March 1, 1966" and substituting in lieu thereof the words and figures "January 1, 1967".

On the adoption of the amendment, 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:

Those voting in the affirmative were Senators:

Eldridge Foster Kidd

Rowan Salome Spinks

Young

Those voting in the negative were Senators:

Adams Ballew Bateman Broun Carter Coggin Dean Downing Edenfield Fincher of 51st Fincher of 54th
Gayner Gills Gregory

Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Miller Minish Moore

McGill McKenzie Owens Plunkett
Sanders Searcey Smalley Smith Thompson
Tribble Ward
Webb Wesberry Yancey

MONDAY, FEBRUARY 7, 1966

439

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

On the adoption of the amendment, the ayes were 7, nays 42, and the amendment was lost.
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 45, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.
Senator Johnson of the 42nd asked unanimous consent that SB 88 be immediately transmitted to the House.

The consent was granted.

SB 89. By Senators Holley of the 22nd, Hall of the 52nd, Noble of the 19th, Kidd of the 25th, Loggins of the 53rd and Salome of the 36th:
A bill to amend Code section 13-204 relating to private banks, as amended, so as to provide that no individual or organization shall conduct banking business in this State within being chartered under the banking laws of this State or of the United States; and for other purposes.
The Committee on Banking and Finance offered the following amendment:
Amend SB 89 by striking from Section 2 the word and figures "September 1, 1967" and inserting in lieu thereof the word and figures "January 1, 1968".

On the adoption of the amendment, the ayes were 35, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 43, nays 0.

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

440

JOURNAL OF THE SENATE,

Senator Johnson of the 42nd asked unanimous consent that SB 89 be im mediately transmitted to the House.

The consent was granted.

SB 119. By Senators Downing of the 1st, Padgett of the 23rd, Kidd of the 25th, Foster of the 21st, McGill of the 24th, Holley of the 22nd, Smalley of the 28th, Adams of the 26th, Rowan of the 8th, Jackson of the 16th and Gayner of the 5th:
A bill to amend an act providing for the issuance of automobile license tags to disabled veterans, as amended, so as to provide for the issuance of license tags to certain other disabled veterans; and for other purposes.

The report 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 98. By Senators Jackson of the 16th and Kendrick of the 32nd:
A bill to amend an act establishing a retirement system for teachers in the State Public Schools, so as to provide that upon service retire ment, a member of the said system shall receive an allowance con sisting of an annuity and an annual pension; to provide retirement after 40 years service; and for other purposes.

The Committee on Retirement offered the following substitute:
A BILL
To be entitled an act 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; to determine Mem bership and conditions of Membership in said system; to provide for a Board of Trustees of said system and for the administration of its affairs; to provide for the management of the funds of said system; to provide a method of financing said system; to repeal conflicting laws; and for other purposes.", approved March 19, 1943 (Ga. Laws 1943, p. 640)> as amended, so as to provide that upon service retirement a certain member of the teachers' retirement system shall receive an al lowance which shall consist of an annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retire-

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441

ment and an annual pension which shall provide a total allowance equal to one and three-fourths percent of his average compensation over the five consecutive years of certain creditable service producing the highest such average, multiplied by the number of his years of creditable service; to provide that any member of the teachers' retirement system who has forty years or more of creditable service may, at the end of any school year, cease to make contributions to the teachers' retirement system and 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 entitled "An Act to establish a retirement system for aged and incapacitated teachers in the State Public Schools; and other State Supported Schools; to determine Membership and conditions of Membership in said system; to provide for a Board of Trustees of said system and for the administration of its affairs; to provide for the management of the funds of said system; to provide a method of financing said system; to repeal conflicting laws; and for other pur poses.", approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, is hereby amended by adding at the end of Section 5 (2) (b) the following:
"Provided, however, that in the event any member of the system elects to cease making contributions to the teachers' retirement system upon completing forty (40) or more years of creditable service, the annual pension provided in this subsection shall pro vide a total allowance equal to 1 3/4% of his average compen sation over the five (5) consecutive years of creditable service during which such member was making contributions to the system producing the highest such average, multiplied by the number of his years of creditable service while making such contributions."

Section 2. Said act is further amended by adding a new paragraph at the end of Subsection (1) of Section (8) to be known as Paragraph (f), to read as follows:
"(f) Notwithstanding any other provisions of this Subsection, at the close of any school year, fiscal or contract year, in which a member has completed forty (40) or more years of creditable service, such member may elect in writing to cease making con tributions to the system. In the event such election is made, such teacher shall notify his employer and the Board of Trustees, in such manner as the Board of Trustees shall prescribe. After giving the required notice, the employer shall not thereafter deduct, and the employee shall not thereafter be allowed to make, con tributions to the teachers' retirement system from the salary or compensation of such member."
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 35, nays 0, and the sub stitute was adopted.

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

On the passage of the bill, the ayes were 36, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Jackson of the 16th asked unanimous consent that SB 98 be im mediately transmitted to the House.

The consent was granted.

SB 103. By Senators Padgett of the 23rd, Poster of the 21st, Eldridge of the 7th and others:
A bill to amend the "Minimum Foundation Program of Education Act", so as to provide a method whereby a certain percentage of the electors of any school system of this State, fulfilling its financial obligations under the provisions of this act, may call an election to determine if said school system is bound by regulations promulgated by the Board of Education; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Senator Carter of the 14th 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 Edenfield Eldridge Foster Gillis Hill Holley

Lee McGill McKenzie Miller Minish Noble Padgett Pennington

Eowan Sanders Smith Thompson Tribble Young

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443

Those voting in the negative were Senators:

Bateman Broun Carter Downing Gayner Gregory Hall Holloway

Jackson Johnson of 42nd Kendrick Kilpatrick Maclntyre Owens Plunkett Salome

Searcey Smalley Ward Webb Wesberry Yancey

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

On the passage of the bill, the ayes were 22, nays 22.
The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Foster of the 21st gave notice that at the proper time he would move that the Senate reconsider its action on SB 103.
SB 114. By Senators Webb of the llth and Jackson of the 16th:
A bill to amend Code section 84-1008, relating to the qualifications of applicants for registration as graduate nurses, as amended by an act approved January 31, 1946 (Ga. Laws 1946, p. 89), so as to provide for an additional method of qualifying for registration as a graduate nurse; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.

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

Senator Plunkett of the 30th asked unanimous consent that SB 114 be immediately transmitted to the House.

The consent was granted.

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SB 77. By Senators Rowan of the 8th and Jackson of the 16th:
A bill to amend an act creating the Georgia State Board of Funeral Services and regulating the practice of embalming and funeral direct ing, as amended, so as to provide for the licensing of funeral establish ments; to provide for applications; to provide for suspension and re vocation of licenses; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.

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

SB 78. By Senators Rowan of the 8th and Jackson of the 16th:
A bill to provide for pre-need funeral service contracts; to provide a declaration policy; to provide for definitions; to provide for the ad ministration and enforcement of this act by the Comptroller General; to provide for forms and regulations; to provide for certificates of authority; and for other purposes.

Senator Jackson of the 16th offered the following amendment:
Amend SB 78 by adding the following sentence to the end of section 15 of said SB 78:
"Further, it is the legislative intent that none of the provisions of this Act shall be construed as repealing any of the provisions of the Georgia Insurance Code, as codified under Title 56 of the Code of Georgia as it now exists or is hereafter amended."

On the adoption of the amendment, the ayes were 34, nays 0, and the amendment was adopted.

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

On the passage of the bill, the ayes were 38, nays 0.

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

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445

HB 122. By Messrs. Brinkley and Jones of the 112th:
A bill to amend an act providing that no judgment, decree or order of any court shall affect the title to real property until said judgment, decree or order is recorded, so as to provide that the provisions of this act shall also apply to writs handed down pursuant to any such judgment; and for other purposes.

Senator Gayner of the 5th asked unanimous consent that HB 122 be post poned until February 9, 1966.

The consent was granted.

Senator Hill of the 29th, Chairman of the Committee on Senate Administra tive 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 39. SB 53. SB 54. SB 85. SB 89. SB 98. SB 99. SB 114. SB 115.
Respectfully submitted, Hill of the 29th District, Chairman.

SB 56. By Senators Broun of the 46th and Plunkett of the 30th:
A bill relating to the State Superintendent of Schools so as to fix the compensation of the State Superintendent of Schools; to exempt the State School Superintendent from the operation of certain acts relating to uniform salaries of certain State officials; and for other purposes.

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The Committee on Educational Matters offered the following substitute:

A BILL

To be entitled an act to amend Code Chapter 32-5, relating to the State Superintendent of Schools, as amended, so as to fix the com pensation of the State Superintendent of Schools; to exempt the State School Superintendent from the operation of certain acts relating to uniform salaries of certain State officials; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Chapter 32-5, relating to the State Superintendent of Schools, as amended, is hereby amended by adding a new Code Section to be known as Section 32-510 to read as follows:

"32-510. The State Superintendent of Schools shall be com pensated in the amount of $22,500.00 per annum to be paid in equal monthly or semi-monthly installments. He shall also be reimbursed for his expenses incurred in connection with the offictial duties of his office."

Section 2. The following acts are amended or repealed in the following manner as hereinafter set out:

(a) An act relating to uniform salaries of certain elected and ap pointed officials approved March 25, 1947 (Ga. Laws 1947, p. 673), as amended, is hereby amended by striking from the title and Section 1 of said act, the words "State Superintendent of Schools".

(b) An act relating to uniform salaries of certain elected and ap pointed officials approved March 12, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 613), as amended, is hereby amended by striking from the title and Section 1 of said act, the words "Superintendent of Schools".

(c) An act entitled "An Act to amend Code Section 32-511, relating to the compensation of the State Superintendent of Schools, so as to change the compensation; to repeal conflicting laws, and for other purposes", approved March 24, 1960 (Ga. Laws 1960, p. 1184), is hereby repealed in its entirety.
Section 3. All laws and parts of laws in conflict with this act are hereby repealed.

Senator Broun of the 46th moved that SB 56 be postponed until February 8, 1966.

On the motion to postpone, the ayes were 32, nays 0, and the motion prevailed.

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447

SB 83. By Senators Wesberry of the 38th, Searcey of the 2nd, Rowan of the 8th and others:
A bill providing the procedure for statements of fiscal explanation to accompany legislation expending or decreasing the expenditures of any State funds; to repeal conflicting laws; and for other purposes.

Senator Westberry of the 37th asked unanimous consent that SB 83 be postponed to February 8, 1966.

The consent was granted.

SB 104. By Senators Plunkett of the 30th and Downing of the 1st:
A bill to amend an act known as the "Unemployment Compensation Law" by modifying the benefit tables to provide increased weekly benefits and the qualifications and eligibility for benefits; by providing for the availability of trainees; by correcting references in disqualifica tion provisions; by providing for the disqualification of trainees; and for other purposes.

Senator Webb of the llth asked unanimous consent that SB 104 be post poned to February 8, 1966.

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.

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Senate Chamber, Atlanta, Georgia, Tuesday, February 8, 1966.

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 Clifton C. Duvall, pastor Locust Grove Baptist Church, Smyrna, Georgia.

Prayer was offered by the Reverend Charles Cox, pastor, Satilla Baptist Church, Hortense, 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 Foster Gayner Gillis Gregory Hall Hill

Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Moore McGill McKenzie Noble Owens

Padgett Pennington Plunkett Rowan Salome Sanders Searcey Smalley Smith Spinks Thompson Tribble Webb Wesberry Yancey Young

Senator Gregory of the 15th reported that the journal of yesterday's pro ceedings has been read 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.

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449

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 187. By Messrs. Overby, Williams and Wood of the 16th:
A resolution authorizing the conveyance of certain land owned by the State Highway Department; and for other purposes.

HR 202. By Mr. Gignilliat of the 113th:
A resolution authorizing the conveyance of an easement over, across and through certain real property owned by the State of Georgia in Chatham County; and for other purposes.

HR 157. By Messrs. Chandler and Harrington of the 47th:
A resolution conveying a certain lot, tract or parcel of land and all per manent improvements made thereon or connected therewith within the 320th Militia District of Baldwin County, Georgia to the Wardens and vestry of St. Stephen's Church and their successors, in Milledgeville, Georgia; and for other purposes.

HR 203. By Mr. Roach of the 15th:
A resolution repealing two resolutions regarding land in Cherokee County; and for other purposes.

HB 251. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend an act known as the "State Hospital Authority Act", so as to increase the amount of bonds which the State Hospital Au thority may issue; and for other purposes.

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JOURNAL OF THE SENATE,

HB 469. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, Harris of the 118th and Steis of the 100th:
A bill to provide that for the purposes of determining income taxes due the State of Georgia, that gross income shall not include compensa tion received by certain enlisted personnel for active service as a mem ber below the grade of commissioned officer in the Armed Forces of the United States for any years; and for other purposes.

HB 387. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend the Revenue Bond Law (formerly known as the Revenue Certificate Law of 1937), relating to the publication of notice to the public of a hearing to validate Revenue Bonds; and for other purposes.

HB 388. By Messrs Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend Section 87-303 of the Code of Georgia relating to the publication of notice to the public of the hearing to validate general obligation bonds to be issued by a County, municipality or political subdivision; and for other purposes.

HB 85. By Mr. Jones of the 112th:
A bill to regulate charges and interest on loans secured by secondary mortgages on certain residential property subject to a prior lien or mortgage; and for other purposes.

HB 481. By Messrs. Vaughn of the 117th, Smith of the 54th, Blalock of the 33rd, Ware of the 42nd, Harris of the 118th, Steis of the 100th and Richardson of the 116th:
A bill to amend an act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to exempt the sale of tangible personal property and services to certain private schools from the taxes imposed by said Act; and for other purposes.
HB 319. By Messrs. Lambros of the 130th and Sims of the 131st:
A bill to provide for the issuance and use of distinctive flags or distress signals by handicapped or paraplegic drivers of motor vehicles; and for other purposes.
HB 46. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to authorize the State Board of Education, upon agreement of the other State department or agency concerned to provide for the

TUESDAY, FEBRUARY 8, 1966

451

education of children, youth and adults who are under the custody and control of other departments and agencies of this State and located or situated in an institutional or residential facility maintained by such other department or agency; and for other purposes.

HB 408. By Messrs. Vaughn, Malone, Palmer and Carley of the 117th:
A bill to amend Code Chapter 95-19, relative to grade crossing elimina tion, so as to provide the procedure relative to the installation of auto mobile signalling devices at grade crossings of municipal streets; and for other purposes.

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

SB 195. By Senator Johnson of the 42nd:
A bill pertaining to the registration and licensing of motor vehicles in the counties throughout this state to change the compensation of the tag agents of the State Revenue Commissioner; and for other purposes.
Referred to Committee on Rules.

SB 196. By Senator Minish of the 48th:
A bill to amend an Act creating a new charter for the town of Maysville so as to change the date of the election for mayor and aldermen; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 197. By Senator Downing of the 1st:
A bill to create the Atlantic Coastal Tourist Commission as a commis sion and agency of the state government; and for other purposes.
Referred to Committee on Rules.

SB 198. By Senators Carter of the 14th, Broun of the 46th, Plunkett of the 30th, Smalley of the 28th and Smith of the 18th:
A bill to fix the compensation of certain State officials; and for other purposes.
Referred to Committee on Rules.

SB 199. By Senator Downing of the 1st:
A bill relating to the power of the Secretary of State, the Department of Archives and History to provide that the Secretary of State may establish a branch depository after obtaining prior written approval of the historical association involved; and for other purposes.
Referred to Committee on Rules.

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SB 200. By Senator Salome of the 36th:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act" to provide that the State Board of Education shall be authorized to expand the student honors program to include pupils in the private high schools of this State; and for other purposes.
Referred to Committee on Educational Matters.

SB 201. By Senator Webb of the llth:
A bill to amend Section 12 of the Act of the General Assembly known as the "Statewide Probation Act" to provide that the probationary feature of a criminal sentence may be revoked in the county of super vision where it is different than the county of original conviction; and for other purposes.
Referred to Committee on Judiciary.

SB 211. By Senators Downing of the 1st, Searcey of the 2nd and Tribble of the 3rd:
A bill amending the Charter for the City of Savannah by establishing a pension system for the employees of the Mayor and Aldermen of the City of Savannah to provide increased benefits for the dependents of certain employees of the Mayor and Aldermen of the City of Savannah; and for other purposes.
Referred to Committee on County and Municipal Governments.

SR 59. By Senator Wesberry of the 37th: A resolution calling a Constitutional Convention; and for other purposes.
Referred to Committee on Rules.

SR 60. By Senators Webb of the llth and Rowan of the 8th:
A resolution authorizing the Department of Mines, Mining and Geology of the State of Georgia to enter into a contract with the Topographic Branch of the United States Geological Survey to prepare topographic maps of the entire State of Georgia; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 46. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to authorize the State Board of Education to provide for the education of children, youth and adults who are under the custody and control of other departments and agencies of this State and located or

TUESDAY, FEBRUARY 8, 1966

453

situated in an institutional or residential facility maintained by such other department or agency; and for other purposes.
Referred to Committee on Health and Welfare.

HB 85. By Mr. Jones of the 112th:
A bill to regulate charges and interest on loans secured by secondary mortgages on certain residential property subject to a prior lien or mortgage; and for other purposes.
Referred to Committee on Industry and Labor.

HB 251. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend an act known as the "State Hospital Authority Act", so as to increase the amount of bonds which the State Hospital Authority may issue; and for other purposes.
Referred to Committee on Health and Welfare.

HB 319. By Messrs. Lambros of the 103rd and Sims of the 131st:
A bill to provide for the issuance and use of distinctive flags or distress signals by handicapped or paraplegic drivers of motor vehicles; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

HB 387. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend the Revenue Bond Law (formerly known as the Revenue Certificate Law of 1937), relating to the publication of notice to the public of a hearing to validate revenue bonds; and for other purposes.
Referred to Committee on Banking and Finance.

HB 388. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend section 87-303 of the Code of Georgia relating to the publication of notice to the public of the hearing to validate general obligation bonds to be issued by a county, municipality or political sub division; and for other purposes.
Referred to Committee on Banking and Finance.

HB 408. By Messrs. Vaughn, Malone, Palmer and Carley of the 117th:
A bill to amend Code chapter 95-19, relative to grade crossing elimina tion, so as to provide the procedure relative to the installation of auto-

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mobile signalling devices at grade crossings of municipal streets; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

HB 469. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, Harris of the 118th and Steis of the 100th:
A bill to provide that for the purposes of determining income taxes due the State of Georgia, that gross income shall not include compensation received by certain enlisted personnel for active service as a member below the grade of commissioned officer in the Armed Forces of the United States for any years; and for other purposes.
Referred to Committee on Defense and Veterans Affairs.

HB 481. By Messrs. Vaughn of the 117th, Smith of the 54th, Blalock of the 33rd, Ware of the 42nd, Harris of the 118th, Steis of the 100th and Richardson of the 116th:
A bill to amend an act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt the sale of tangible personal property and services to certain private schools from the taxes imposed by said act; and for other purposes.
Referred to Committee on Banking and Finance.

HR 157. By Messrs. Chandler and Harrington of the 47th:
A resolution conveying a certain lot, tract or parcel of land within the 320th Militia District of Baldwin County, Georgia to the Wardens and Vestry of St. Stephens Church, Milledgeville, Georgia; and for other purposes.
Referred to Committee on Rules.

HR 187. By Messrs. Overby, Williams and Wood of the 16th: A resolution authorizing the conveyance of certain land owned by the State Highway Department; and for other purposes.
Referred to Committee on Rules.

HR 202. By Mr. Gignilliat of the 113th:
A resolution authorizing the conveyance of an easement over, across and through certain real property owned by the State of Georgia in Chatham County; and for other purposes.
Referred to Committee on Rules.

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455

HR 203. By Mr. Roach of the 15th:
A resolution repealing two resolutions regarding land in Cherokee County; and for other purposes.
Referred to Committee on County and Municipal Governments.

The following bills and resolutions were read the second time:

SB 189. By Senators Holley of the 22nd and Noble of the 19th:
A bill relating to the incorporation, organization and regulation of credit unions so as to prescribe a new procedure for the incorporation of credit unions and for amending their charters and by-laws and for the renewal of their charters; and for other purposes.

SB 190. By Senators Gayner of the 5th, Searcey of the 2nd, Downing of the 1st, Tribble of the 3rd and Gillis of the 20th:
A bill relating to hotel keepers on beaches keeping lifeboats and other related items; and for other purposes.

SB 191. By Senator Webb of the llth:
A bill relating to intoxicating liquors to provide that it shall be unlaw ful to sell or offer for sale alcoholic beverages, wine or malt beverages on certain holidays; and for other purposes.

SB 192. By Senator Webb of the llth:
A bill to amend an Act known as the "Revenue Tax Act to legalize and control alcoholic beverages and liquors" so as to delete from a provision of said Act, relating to the furnishing of alcoholic beverages to certain persons, the reference to furnishing alcoholic beverages to a minor; and for other purposes.

SB 193. By Senators Webb of the llth and Yancey of the 33rd:
A bill to amend Code Section 58-612 relating to furnishing liquor to minors so as to delete from said Section the provisions relating to ob taining written authority from the parent or guardian; and for other purposes.
SB 194. By Senators Johnson of the 38th, Thompson of the 34th, Maclntyre of the 40th, Wesberry of the 37th, Salome of the 36th, Coggin of the 35th and Ward of the 39th:
A bill relating to the jurisdiction of the court of ordinary in counties having a population of more than 500,000 according to the last or any

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JOURNAL OF THE SENATE,

future Federal census; to provide for the appointment of a deputy ordinary to execute orders and issue licenses; and for other purposes.

SR 57. By Senators Foster of the 21st, Rowan of the 8th and Adams of the 26th:
A resolution proposing an amendment to the Constitution so as to pro vide that no general or special bill shall be passed by the General As sembly which provides for direct financial participation on the part of counties, municipalities and other political subdivisions in the State of Georgia, unless the cost of such proposed legislation shall be made known to the governing authorities of such counties, etc.; and for other purposes.

SR 58. By Senator Spinks of the 9th:
A resolution authorizing and directing the erection upon "Route No. 2 of Jefferson Davis Highway" of appropriate markers; and for other purposes.

HB 51. By Mr. Busbee of the 79th:
A bill to amend an act providing revenue and a source of revenue for the purpose of paying pensions to the firemen of the State of Georgia, so as to change the amount of monthly pensions; and for other purposes.

HB 113. By Messrs. Brinkley of the 112th, Bedgood of the 29th and Starnes of the 13th: A bill to amend Code chapter 88-16, so as to provide that a test for phenylketonuria be administered to all infants; and for other purposes.
HB 165. By Messrs. Barber of the 24th and Harris of the 118th: A bill to provide for the distribution of property when there is no suf ficient evidence that persons have died otherwise than simultaneously; and for other purposes.
HB 229. By Mr. Lambros of the 130th: A bill to amend Code section 26-5101 relating to carrying concealed weapons, so as to include among weapons enumerated in said section, razors, and ice picks and similar devices having sharp points; and for other purposes.
HB 289. By Messrs. Wilson and Henderson of the 102nd, Howard and McDaniell of the 101st and Jordan of the 103rd: A bill to amend Code section 47-102, relating to senatorial districts, so as to change the provisions relating to the 32nd and 33rd Senatorial Districts of Cobb County; and for other purposes.

TUESDAY, FEBRUARY 8, 1966

457

HB 322. By Messrs. Jones of the 76th and Smith of the 114th:
A bill to amend Code title 109A known as the "Uniform Commercial Code", so as to provide definitions for the words "clearing corporation" and "custodian bank"; to provide for establishing means for accomplish ing appropriate delivery, transfer and pledge of investment securities within a Central Depository System; and for other purposes.

HB 329. By Mr. Ware of the 42nd:
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 377. By Messrs. Carley and Vaughn of the 117th, Harris and Levitas of the 118th and Snow of the 1st:
A bill to amend an act providing for the dismissal of suits in the courts of this State when they have been pending for a period of five years or longer, so as to extend the provisions of this act to other actions and proceedings; and for other purposes.
HB 392. By Mr. Smith of the 44th:
A bill to amend an act fixing the salary for the commissioners of Roads and Revenues of Pike County, so as to increase the compensation of the commissioners; and for other purposes.

HB 393. By Mr. Smith of the 44th:
A bill to amend an act fixing the salary of the clerk of the Board of Commissioners of Roads and Revenues of Pike County, so as to change the compensation of the clerk; and for other purposes.

HB 394. By Mr. Smith of the 44th:
A bill to amend an act providing a new charter for the City of Zebulon, so as to change the corporate limits of said city; and for other purposes.

HB 395. By Mr. Caldwell of the 51st:
A bill to amend an act creating a new charter for the City of Thomaston, so as to provide for the removal of the city manager by the mayor and council by resolution, which resolution shall be final and conclusive and not subject to review; and for other purposes.

HB 400. By Messrs. Vaughn, Malone, Palmer and Carley of the 117th:
A bill to amend an act creating the office of Commissioner of Roads and Revenues for the County of Rockdale, so as to authorize the commissioner

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to appoint an executive assistant for the purpose of assisting the com missioner; and for other purposes.

HB 401. By Messrs. Vaughn, Malone, Palmer and Carley of the 117th:
A bill to amend an act creating the office of Commissioner of Roads and Revenues for Rockdale County, so as to change the compensation of the commissioner; and for other purposes.

HB 402. By Messrs. Vaughn, Malone, Palmer and Carley of the 117th:
A bill to abolish the present mode of compensating the sheriff of Rockdale County, known as the fee system, to provide in lieu thereof a fixed salary; and for other purposes.

HB 403. By Messrs. Carr and Rowland of the 48th:
A bill to amend an act incorporating the City of Sandersville, so as to abolish the Water and Light Commission and transfer all functions of said commission to the mayor and council; and for other purposes.

HB 407. By Mr. Jones of the 76th:
A bill to amend an act placing the clerk of the superior court, the sheriff and the tax commissioner of Mclntosh County upon an annual salary, so as to allow the clerk of the superior court to retain certain fees authorized for certain of his services; and for other purposes.

HB 409. By Mr. Smith of the 54th:
A bill to abolish the present mode of compensating the sheriff of Emanuel County; known as the fee system; and for other purposes.

HB 411. By Mr. McCracken of the 49th:
A bill to amend the charter of the City of Wadley, by providing for the opening of registration books forty-five (45) days prior to the date of election and closing same fifteen (15) days prior to the date of elec tion, whenever any election is to be held in and for the said city; and for other purposes.

HB 412. By Mr. Grahl of the 52nd:
A bill to amend an act creating a new charter for the City of Fort Valley, so as to provide maximum salaries for the mayor, recorder, city councilmen, chairman of the utility commission and members of the utility commission; and for other purposes.

TUESDAY, FEBRUARY 8, 1966

459

HB 413. By Messrs. Dillon of the 128th, Hawkins of the 139th, Hood of the 124th, Adams of the 125th, Grier of the 132nd 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, so as to change the provisions as to reduced pension benefits; and for other purposes.

HB 414. By Mr. Colwell of the 5th:
A bill to abolish the present mode of compensating the sheriff of Lumpkin County, known as the fee system; and for other purposes.

HB 415. By Mr. Clark of the 2nd:
A bill to abolish the present mode of compensating the sheriff of Catoosa County, known as the fee system; and for other purposes.

HB 417. By Mr. Thomas of the 77th:
A bill to provide for additional terms of the superior court of Wayne County; and for other purposes.

HB 422. By Mr. Williams of the 82nd:
A bill to amend an act creating a charter for the City of Douglas, so as to extend the corporate limits; and for other purposes.

HB 424. By Mr. Land of the 53rd:
A bill to abolish the present mode of compensating the sheriff of Twiggs County, known as the fee system; and for other purposes.

HB 425. By Mr. Stovall of the 17th:
A bill to amend an act changing the mode of compensating the clerk of the superior court, the ordinary, the tax commissioner and coroner of Madison County, so as to change the compensation allowed the tax commissioner; and for other purposes.

HB 427. By Messrs. Lewis and Newton of the 50th:
A bill to change the terms of the Superior Court of Burke County; and for other purposes.

HB 428. By Mr. Webb of the 65th:
A bill to amend an act incorporating the City of Guyton, so as to fix the date for the taking of office by the mayor and council-elect; and for other purposes.

460

JOURNAL OF THE SENATE,

HB 432. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th and Snellings of the 104th:
A bill to amend the charter of the City of Augusta, so as to provide for a more equitable method of making assessments for street improve ments where the streets or alleys to be improved exceed 30 feet in width; and for other purposes.

HB 433. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th and Snellings of the 104th:
A bill to amend the charter of the City of Augusta, so as to authorize the city council of Augusta to maintain on the streets a system of sprinkling and to charge the cost against abutting property and the owners thereof; and for other purposes.

HB 434. By Mr. McCracken of the 49th:
A bill to abolish the present mode of compensating the coroner of Jef ferson County, known as the fee system; and for other purposes.

HB 435. By Mr. McCracken of the 49th: A bill to amend an act creating the office of treasurer for the County of Jefferson, so as to change the salary of the treasurer; and for other purposes.
HB 444. By Mr. Reaves of the 99th: A bill to abolish the present mode of compensating the sheriff of Brooks County, known as the fee system; and for other purposes.

HB 445. By Messrs. Jones, Pickard, and Brinkley of the 112th, Berry and Thompson of the 110th, Shields and Thompson of the lllth:
A bill to amend an act abolishing the fee system in the Superior Courts of the Chattahoochee Judicial Circuit, as applied to the office of solicitor general, and providing for the payment of the salary of said solicitor general, so as to change the salary of said solicitor general; and for other purposes.

HB 446. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thompson of the 110th, Shields and Thompson of the lllth:
A bill to amend an act relating to the establishment of a city court in the City of Columbus for Muscogee County, so as to change the salary of the judge and solicitor of said court; and for other purposes.

TUESDAY, FEBRUARY 8, 1966

461

HB 447. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thompson of the 110th, Shields and Thompson of the lllth:
A bill to amend an act establishing the salary of the sheriff of Muscogee County, so as to change the salary of said sheriff; and for other purposes.

HB 448. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thompson of the 110th, Shields and Thompson of the lllth:
A bill to amend an act abolishing the offices of tax receiver and tax collector of Muscogee County, so as to change the compensation to be paid said tax commissioner; and for other purposes.

HB 450. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thompson of the 110th, Shields and Thompson of the lllth:
A bill to amend an act establishing a salary for the clerk of the Superior Court of Muscogee County, so as to change the salary of said clerk; and for other purposes.

HB 451. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thompson of the 110th and others:
A bill to amend an act establishing the salary of the Ordinary of Muscogee County, so as to change the salary of said ordinary; and for other purposes.

HB 452. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thompson of the 110th and others:
A bill to amend an act abolishing justice courts and offices of justice of the peace and notary public ex officio justices of the peace and establishing in lieu thereof a municipal court for the City of Columbus and County of Muscogee, so as to change the provisions relating to the jurisdiction of said court; and for other purposes.

HB 453. By Mr. Houston of the 84th:
A bill to amend an act placing the sheriff of Pierce County on an annual salary in lieu of the fee basis of compensation, so as to change the salary of the sheriff; and for other purposes.

HB 454. By Mr. Houston of the 84th:
A bill to amend an act creating a new charter for the City of Blackshear, so as to change the method of electing aldermen; and for other purposes.

462

JOURNAL OP THE SENATE,

HB 455. By Mr. Irvin of the llth:
A bill to amend an act relating to the incorporation of the City of Cornelia, so as to clarify the provisions of the charter of the City of Cornelia relating to the election of a member of the City Commission from Ward Number One; and for other purposes.

HB 456. By Mr. Irvin of the llth:
A bill to amend an act relating to the incorporation of the City of Cornelia, so as to eliminate the limitation on the amount of salary per annum which may be paid the city manager; and for other purposes.

HB 457. By Mr. Irvin of the llth:
A bill to amend an act relating to the incorporation of the City of Cornelia, so as to grant the power of eminent domain for the purpose of acquiring lands, easements, rights in lands and water rights for public purpose of constructing water and sewer systems without the corporate limits of the City of Cornelia; and for other purposes.

HB 458. By Mr. Irvin of the llth:
A bill to amend an act establishing the city court of Habersham County, so as to change the compensation of the judge and solicitor of said court; and for other purposes.

HB 459. By Mr. Irvin of the llth:
A bill to amend an act relating to the incorporation of the City of Cornelia, so as to provide for the payment of monthly salaries to the members of the City Commission; and for other purposes.

HB 460. By Messrs. Elliott of the 107th, Wilson, Stewart and Knapp of the 109th:
A bill to amend an act providing a pension and/or retirement plan and fund for certain employees of Bibb County, so as to increase the maximum age for participation in the pension plan thereby created from 40 years to 55 years; and for other purposes.

HB 465. By Mr. Collins of the 88th:
A bill to change the terms of the Superior Court of Mitchell County; and for other purposes.

HB 466. By Mr. Collins of the 88th:
A bill to abolish the present mode of compensating the sheriff of Mitchell County, known as the fee system; and for other purposes.

TUESDAY, FEBRUARY 8, 1966

463

HB 467. By Mr. Tucker of the 36th:
A bill to amend an act fixing the compensation of the members of the Board of Education of Henry County, so as to change the compensation of the chairman and the other members of the Board; and for other purposes.

HR 112. By Mrs. Merritt of the 68th and Mr. Blair of the 68th:
A resolution authorizing the conveyance of a certain tract of stateowned property; and for other purposes.

HR 148. By Mr. Elliott of the 107th:
A resolution authorizing the conveyance of certain state property lo cated in Bibb County, Georgia; and for other purposes.

HR 150. By Mr. Mauldin of the 18th:
A resolution authorizing the conveyance of a certain tract of land in Franklin County to Garner D. Crump; and for other purposes.

HR 185. By Mr. Underwood of the 61st:
A resolution proposing an amendment to the Constitution so as to create the Wheeler County Development Authority; and for other purposes.

HR 186. By Mr. Underwood of the 61st:
A resolution proposing an amendment to the Constitution, so as to create the Montgomery County Development Authority; and for other purposes.

HR 204. By Mr. Hale of the 1st:
A resolution proposing an amendment to the Constitution, so as to provide that certain property in Dade County shall be exempt from all ad valorem taxes; and for other purposes.

HR 205. By Messrs. Williams, Wood and Overby of the 16th:
A resolution proposing an amendment to the Constitution, so as to provide that the county school superintendent of Hall County shall be appointed by the Board of Education of Hall County; and for other purposes.

464

JOURNAL OP THE SENATE,

HR 206. By Mr. Underwood of the 61st:
A resolution proposing an amendment to the Constitution so as to create the Treutlen County Development Authority; and for other purposes.

HR 209. By Messrs. Evensen, Bean, Westlake, and Higginbotham of the 119th, Carley, Malone, Palmer and Vaughn of the 117th and others:
A resolution proposing an amendment to the Constitution so as to au thorize the governing authority of DeKalb County to appropriate public monies to support the activities of any private agency within said county which has been created for the purpose of providing a shelter for animals abandoned or lost; and for other purposes.

HR 215. By Messrs. Lovett and Knight of the 60th:
A resolution proposing an amendment to the Constitution so as to create the Dublin-Laurens School System by merging the independent school system of the City of Dublin and the county school system of Laurens County; and for other purposes.

HR 216. By Messrs. Elliott of the 107th, Knapp, Wilson and Stewart of the 109th:
A resolution proposing an amendment to the Constitution so as to em power the governing authority of Bibb County to adopt, revise, amend and modify pension, disability and retirement plans and to levy a tax to pay therefor in whole or in part; and for other purposes.

HR 217. By Messrs. Elliott of the 107th, Knapp, Wilson and Stewart of the 109th:
A resolution proposing an amendment to the Constitution so as to em power the governing authority of Bibb County to establish, maintain, alter and discontinue a system or systems of recreation and to levy a tax to pay cost thereof; and for other purposes.

HR 218. By Messrs. Elliott of the 107th, Knapp, Wilson and Stewart of the 109th:
A resolution proposing an amendment to the Constitution so as to empower the governing authority of Bibb County to levy a tax to pay or contribute to the payment of insurance premiums for group life insurance, as well as for hospital, surgical and medical care for employees; and for other purposes.

HR 220. By Messrs. Wilson of the 102nd, McDaniell and Howard of the 101st and Jordan of the 103rd:
A resolution proposing an amendment to the Constitution so as to authorize the City of Marietta to incur additional indebtedness for school purposes.

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465

HR 221. By Mr. Tucker of the 36th:
A resolution proposing an amendment to the Constitution so as to pro vide for the appointment of the County School Superintendent of Henry County by the Board of Education of Henry County; and for other purposes.

HR 222. By Mr. Tucker of the 36th:
A resolution proposing an amendment to the Constitution so as to create the Henry County Development Authority; and for other purposes.

HR 223. By Mr. Tucker of the 36th:
A resolution to amend a resolution proposing an amendment to the Constitution relating to the election of the members of the Board of Education of Henry County, so as to change the terms of office of the members of the Board; and for other purposes.

HB 202. By Messrs. Dollar of the 89th, Richardson of the 116th and others:
A bill to amend an act creating the "Georgia Ports Authority", so as to change the membership comprising said authority; and for other purposes.

Senator Rowan of the 8th District, Secretary of the Committee on Rules submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following Bills and Resolutions of the Senate and House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SB 138 Do Pass. SB 142. Do Pass. SB 182. Do Pass. SB 183. Do Pass. SR 5. Do Pass by substitute. HB 48. Do Pass.
Respectfully submitted, Rowan of 8th district, Chairman.

466

JOURNAL OF THE SENATE,

Senator 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 38. Do Pass by substitute. SB 40. Do Pass by substitute. SB 166. Do Pass as amended. SB 167. Do Pass as amended. SB 168. Do Pass by substitute. HB 32. Do Pass as amended.
Respectfully submitted, Smalley of 28th district, Chairman.

Senator Plunkett of the 30th District, Chairman of the Committee on In dustry and Labor submitted the following report:
Mr. President:
Your Committee on Industry and Labor has had under consideration the following bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 82. Do Not Pass. Respectfully submitted, Plunkett of 30th district, Chairman.

Senator Rowan of the 8th District, Secretary of the Committee on Rules submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following bills and resolution of the Senate and House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SR 25. Do Pass by substitute. HB 149. Do Pass as amended.

TUESDAY, FEBRUARY 8, 1966

467

HB 164. Do Pass. HB 336. Do Pass.

Respectfully submitted, Rowan of 8th district, Secretary.

Senator Kendrick of the 32nd asked unanimous consent that the following bill of the House be withdrawn from the Committee on Educational Matters and recommitted to the Committee on Retirement:

HB 176. By Messrs. Moore of the 20th, Story of the 22nd and Parker of the 55th:
A bill to amend an act establishing a retirement system in the State Public Schools, so as to provide that the word "teacher" shall also include the director and any associate directors of the Georgia Educa tional Improvement Council; and for other purposes.

The consent was granted.

The president appointed as a committee of escort for His Excellency, Gov ernor Carl E. Sanders, the following:

Senators Webb of the llth, Moore of the 31st, Wesberry of the 37th and Smalley of the 28th.

The following local uncontested bill, favorably reported by the committee, was read the third time, and put upon its passage:

SB 187. By Senators Wesberry of the 37th, Salome of the 36th, Johnson of the 38th, Thompson of the 34th, Ward of the 39th, Sanders of the 41st, Miller of the 43rd and others:
A bill to amend an act establishing a new chapter for the City of At lanta, and the several acts amendatory thereof; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

468

JOURNAL OF THE SENATE,

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 182. By Senators Plunkett of the 30th, Coggin of the 35th and Broun of the 46th: A bill to provide for a method, in addition to existing methods, for the annexation of contiguous territory to incorporated municipalities upon the application of not less than 60% of the owners representing at least 60% of the land area included in such application; and for other purposes.
Senator Plunkett of the 30th asked unanimous consent that SB 182 be post poned until February 9, 1966.
The consent was granted.
SB 35. By Senators Johnson of the 38th, Maclntyre of the 40th, 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, 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:

Bateman Carter Downing Fincher of 54th Gayner Hall Holley Holloway Jackson Johnson of 42nd

Johnson of 38th Kidd Lee Maclntyre McKenzie Noble Owens Padgett Pennington Plunkett

Rowan Salome Sanders Smalley Spinks Tribble Ward Webb Wesberry Yancey

TUESDAY, FEBRUARY 8, 1966

469

Those voting in the negative were Senators:

Adams Coggin Eldridge

Foster Gillis Kendrick

Thompson Young

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

On the passage of the bill, the ayes were 30, nays 8.

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

Senator Pennington of the 45th asked unanimous consent that SB 35 be immediately transmitted to the House.

The consent was granted.

SB 183. By Senators Webb of the llth, Smith of the 18th, Gillis of the 20th and Rowan of the 8th:
A bill to create Fiscal Affairs Sub-committee of the Senate and House of Representatives; to provide for the composition, duties, powers and meetings of such subcommittees; to provide for funds; to repeal con flicting laws; and for other purposes.

Senator Webb of the llth offered the following amendment:
Amend SB 183 by striking the second sentence of Section 1 in its entirety and inserting in lieu thereof a new sentence to read as follows:
"Each of said subcommittees shall be composed of ten (10) members from each of the aforesaid committees, and such ten (10) members shall be selected by the respective chairman of each of the aforesaid committees."

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.

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JOURNAL OF THE SENATE,

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

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

Senator Webb of the llth asked unanimous consent that SB 183 be imme diately transmitted to the House.

The consent was granted.

HB 192. By Messrs. Conner of the 91st, Pafford of the 97th and Thomas of the 77th:
A bill to amend an act relating to motor vehicle licenses, so as to pro vide for a new classification for trucks transporting forest products; and for other purposes.

The Committee on Rules offered the following amendment:
Amend HB 192 by striking subsection (a) of section 17, which sec tion is quoted in section 1 of said bill and substituting in lieu thereof the following:
"(a) Straight trucks; and truck tractors pulling trailers de signed, and used only for the hauling of logs from the woods to the sawmill--$30.00."

On the adoption of the amendment, the president ordered a call of the roll, and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Ballew Bateman Coggin Dean Downing Edenfield Eldridge Pincher of 54th

Foster Gayner Gillis Hill Jackson Johnson of 38th Kendrick Kidd Logging

Miller McGill Pennington Rowan Wesberry Yancey Young

Those voting in the negative were Senators:

Broun Carter Hall Holloway Johnson of 42nd

Kilpatrick Lee Maclntyre McKenzie Noble

Owens Plunkett Sanders Smalley Webb

TUESDAY, FEBRUARY 8, 1966

471

On the adoption of the amendment, the ayes were 25, nays 15, and the amendment was lost.

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.

HB 41. By Messrs. Matthews of the 29th, Rowland of the 48th, Elliott of the 107th, Houston of the 84th and Brinkley of the 112th:
A bill to amend an act creating the State Board of Workmen's Com pensation, so as to change the compensation of the chairman and the other two 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, Senator Gayner of the 5th 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 Coggin Downing Edenfield Eldridge Fincher of 54th Foster Gayner Gillis Hall

Holloway Jackson Johnson of 38th Kendrick Kidd Lee Loggins Maclntyre Moore McKenzie

Noble Pennington
Salome Searcey Spinks Thompson Ward Webb Yancey

Those voting in the negative were Senators:

Ballew Broun Carter Johnson of 42nd

Kilpatrick Miller Owens Plunkett

Sanders Smalley Tribble Young

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JOURNAL OF THE SENATE,

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

On the passage of the bill, the ayes were 29, nays 12.

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

SB 138. By Senator Webb of the llth: A bill to amend an act entitled the "Motor Vehicle Certificate Act", as amended, so as to provide for the destruction of certain motor vehicle manufacturers' serial plates and the admissibility in evidence of records reflecting the destruction of such plates; and for other pur poses.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.

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

SB 164. By Senators Sanders of the 41st, Wesberry of the 37th, Moore of the 31st, Dean of the 6th and Miller of the 43rd:
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; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Senator Sanders of the 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:

Ballew Broun Carter

Coggin Dean Pincher of 51st

Pincher of 54th Gregory Hall

TUESDAY, FEBRUARY 8, 1966

473

Holloway Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Lee

Log-gins Maclntyre Minish Moore Owens Padgett Plunkett

Sanders Smalley Ward Webb Wesberry Yancey Young

Those voting in the negative were Senators:

Adams Bateman Downing Foster

Miller McKenzie Noble Rowan

Searcey Spinks Tribble

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

On the passage of the bill, the ayes were 30, nays 11.

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

Senator Eldridge of the 7th asked unanimous consent that he be recorded as voting aye.
The consent was granted.

SB 97. By Senators Edenfield of the 4th, Kilpatrick of the 44th, Hall of the 52nd, Ballew of the 50th and others:
A bill to provide that the campus policemen and other security per sonnel of the University System of Georgia who are regular employees of said system shall have the power to make arrests for offenses com mitted upon any property under the jurisdiction of the Board of Regents of the University System of Georgia; and for other purposes.

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

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

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

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JOURNAL OF THE SENATE,

SB 126. By Senator Kilpatrick of the 44th:
A bill to amend Code section 59-120 relating to the compensation of jurors and court bailiffs, as amended, so as to change the maximum amount allowable for court bailiffs; and for other purposes.

The report 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 83. By Senators Wesberry of the 37th, Rowan of the 8th, Sanders of the 41st, Salome of the 36th and Adams of the 26th:
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.

Senator Wesberry of the 37th offered the following substitute:
A BILL
To be entitled an act 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The sponsor of any legislation requiring the expendi ture, or decrease in expenditure, of any State funds shall attach to such legislation a statement explaining the fiscal effect of such legisla tion. Fiscal statements are required for original bills only, and not for amendments. The Budget Analyst of the General Assembly shall, upon request, furnish to the sponsor of any legislation requiring a fiscal statement, a proper statement to accompany such legislation at the time of its introduction. The Budget Analyst of the General Assembly shall be allowed seven days for the preparation of said required fiscal statement.
Section 2. The fiscal statement shall, if possible, include a re liable estimate in dollars of the anticipated change in revenue, expendi tures, or fiscal liability under the provisions of the bill. It shall also include a statement as to the immediate effect and, if determinable or reasonably foreseeable, long-range effect of the measure. If, after care ful investigation, it is determined that no dollar estimate is possible, the statement shall contain a statement to that effect, setting forth the reasons why no dollar estimate can be given. No comment or opinion shall be included in the fiscal statement regarding the merits of the measure for which the statement is prepared; however, technical or mechanical defects may be noted.

TUESDAY, FEBRUARY 8, 1963

475

Section 3. In the event the position of the Budget Analyst of the General Assembly shall be vacant, the duties provided herein shall be carried out by the State Budget Officer until such position is filled.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 32, nays 0, and the substi tute was adopted.

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

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

The bill, having received the requisite constitutional majority, was passed 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.
HB 200. By Messrs. Hale, Abney and Snow of the 1st, Harris of the 85th, Howard of the 101st, Lee of the 79th and others:
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; to provide for certain exceptions and exemptions from the educational requirements; and for other purposes.

The Committee on Judiciary offered the following substitute:
A BILL
To be entitled an act to amend Code chapter 9-1, relating to appli cants for admission to the practice of law, as amended, particularly by an act approved February 15, 1952 (Ga. Laws 1952, p. 150), an act approved February 15, 1952 (Ga. Laws 1952, p. 262), and an Act ap proved April 9, 1963 (Ga. Laws 1963, p. 458), so as to change the edu cational requirements for applicants for admission to the practice of law; to provide for certain exceptions and exemptions from the educa tional requirements prescribed herein; to change the provisions relat ing to topics and subjects of the examination; to amend an act provid ing for the holding of bar examinations, approved February 26, 1945

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JOURNAL OF THE SENATE,

(Ga. Laws 1945, p. 151), as amended, particularly by an act approved April 2, 1963 (Ga. Laws 1963, p. 293), so as to provide that there shall be not less than two examinations each calendar year; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:

Section 1. Code chapter 9-1, relating to applicants for admission to the practice of law, as amended, particularly by an Act approved February 15, 1952 (Ga. Laws 1952, p. 150), an act approved February 15, 1952 (Ga. Laws 1952, p. 262), and an act approved April 9, 1963 (Ga. Laws 1963, p. 458), is hereby amended by striking in its entirety subparagraph (b) of Code section 9-103, relating to the qualifications of applicants for admission to the practice of law, and inserting in lieu thereof a new subparagraph (b) to read as follows:

"(b) The educational requirements of this section and chapter are as follows:

(i) Two (2) years of college study, with credits sufficient to qualify for admission to the junior class of the University of Geor gia at Athens or of one of the senior colleges of the University System of Georgia, or the substantial equivalent of such college study in point of intellectual competency and achievement as demon strated by examination in the following subjects: English Compo sition, American and English History and Social Sciences, and Basic Mathematics. The Justices of the Supreme Court shall make provision by rule for the giving of equivalency examinations not less frequently than once each calendar year and shall have full power to determine and fix by rule the type of examinations to be given, the method of conducting and grading such examinations, the fees to be charged therefor, and all other matters relating thereto; and

"(ii) The successful completion of the requirements of a law school for a professional degree in law (LL.B. or its equivalent) involving regular classroom attendance over a period of not less than three school years;

"(iii) Provided, however, that nothing contained in this subparagraph (b) shall apply to or affect anyone who, on the effective date of this amendment, is a high school graduate and has success fully completed the requirements of a law school for a professional degree in law (LL.B. or its equivalent), involving regular class room attendance over a period of not less than two school years; and provided further, the provisions of subparagraph (b) (i) shall not apply to anyone who has previously unsuccessfully taken the exami nation for admission to the practice of law prescribed by this Chapter, nor shall it apply to any high school graduates who are, at the time of the effective date of this amendment, regularly en rolled in a law school, or who, at such time, are bona fide engaged in the study of law in the office of one or more active members of the State Bar of Georgia, or under such practitioner's tutelage;

TUESDAY, FEBRUARY 8, 1968

477

and provided, further, the provisions of subparagraph (b) (ii) shall not apply to another who, at the time of the effective date of this amendment, is regularly enrolled as a student in a law school, and any such person shall be allowed to take the examination for ad mission to practice law at any time after he has completed the requirements necessary for 2 academic years in said law school and before July 1, 1969. Any person claiming the exemptions from the application of this subparagraph (b) must file in writing, within ninety days of the effective date of this amendment, with the Board of Bar Examiners, in such form as the Board may require, a claim asserting such exempted status."

Section 2. Said chapter is further amended by adding thereto Code section 9-110 to read as follows:

"9-110. Topics and subjects of the examination.--The appli cant must be examined touching his knowledge of such subjects per taining to the practice of law and pertaining to his qualifications for admission to the practice of law as may seem advisable to the Board of Bar Examiners; also, touching his knowledge of:
(1) The principles of the common law and statutes of Eng land, of force in this State;
(2) The law of pleading and evidence;
(3) The principles of equity;
(4) The Code of this State, the Constitutions of the United States and of this State, and the rules of practice in the Supreme Court of Georgia, the Court of Appeals of Georgia and the supe rior courts of this State.

"Provided that no question on any bar examination shall be framed so as to require the applicant to include as part of his answer the title or the name of the author of any book, or the style or citation of any decision."

Section 3. An act providing for the holding of bar examinations, approved February 26, 1945 (Ga. Laws 1945, p. 151), as amended, par ticularly by an Act approved April 2, 1963 (Ga. Laws 1963, p. 293), is hereby amended by striking from Section 1 the following:

"provided, that nothing in this act shall be construed as limit ing applicants for admission to the Bar to college trained persons. There shall be held not less than two such examinations during each calendar year, the dates of which shall be fixed by the Jus tices of the Supreme Court, except that in the year 1963, the two examinations shall be held as previously provided in this section.",

and inserting in lieu thereof the following:

"provided, that nothing in this act shall be construed as limit ing applicants for admission to the Bar to college trained persons, except as provided by law. There shall be held not less than two

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such examinations during each calendar year, the date or dates of which shall be fixed by the Justices of the Supreme Court."

so that when so amended Section 1 shall read as follows:

"Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that from and after the passage of this Act, the Justices of the Supreme Court shall be authorized to make and adopt rules as to the making of application to take examination and as to the time, manner and places of holding examinations for admission to the Bar of this State and are hereby specifically authorized to provide for the holding of said examinations under the supervision of the Board of Bar Examiners at not more than three cities, under such rules and regulations as may be prescribed by them, and may provide for said examination to be held over such period of days as in their judgment shall be fair to the applicant for examination, provided, that nothing in this act shall be construed as limiting applicants for admission to the Bar to college trained persons, except as pro vided by law. There shall be held not less than two such examina tions during each calendar year, the date or dates of which shall be fixed by the Justices of the Supreme Court."

Section 4. This act shall become effective on May 1, 1966, and shall apply to all examinations given after that date.

Section 5. All laws and parts of laws in conflict with this act are hereby repealed.

On the adoption of the substitute, the ayes were 35, nays 1, 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 36, nays 0.

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

SB 76. By Senator Prank Coggin of the 35th:
A bill to amend an act known as "Eminent Domain--Condemnation proceedings before a special master", approved March 13, 1957 (Ga. L. 1957, p. 387), so as to provide a method of perfecting service on non residents; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 8, 1966

479

The report 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 109. By Senators Rowan of the 8th and Carter of the 14th:
A bill to amend an act known as the "Minimum Foundation Program of Education Act", as amended, so as to change the minimum sum in determining the funds needed by local units of administration for the maintenance, operation and sick leave expenses not otherwise pro vided 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 30, nays 0.

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

SB 56. By Senators Broun of the 46th and Plunkett of the 30th:
A bill to amend Code chapter 32-5, relating to the State Superintendent of Schools, as amended, so as to fix the compensation of the State Superintendent of Schools, to exempt the State Superintendent of Schools from the operation of certain acts relating to uniform salaries of certain State officials; and for other purposes.

The Committee on Educational Matters offered the following substitute:
A BILL
To be entitled an Act to amend Code Chapter 32-5, relating to the State Superintendent of Schools, as amended, so as to fix the com pensation of the State Superintendent of Schools; to exempt the State School Superintendent from the operation of certain acts relating to uniform salaries of certain State officials; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

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Section 1. Code Chapter 32-5, relating to the State Superintendent of Schools, as amended, is hereby amended by adding a new Code section to be known as Section 32-510 to read as follows:

"32-510. The State Superintendent of Schools shall be com pensated in the amount of $22,500.00 per annum to be paid in equal monthly or semi-monthly installments. He shall also be reimbursed for his expenses incurred in connection with the official duties of his office."

Section 2. The following acts are amended or repealed in the fol lowing manner as hereinafter set out:

(a) An act relating to uniform salaries of certain elected and ap pointed officials approved March 25, 1947 (Ga. Laws 1947, p. 673), as amended, is hereby amended by striking from the title and Section 1 of said act, the words "State Superintendent of Schools".

(b) An act relating to uniform salaries of certain elected and ap pointed officials approved March 12, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 613), as amended, is hereby amended by striking from the title and Section 1 of said Act, the words "Superintendent of Schools".

(c) An act entitled "An act to amend Code Section 32-511, relating to the compensation of the State Superintendent of Schools, so as to change the compensation; to repeal conflicting laws, and for other pur poses", approved March 24, 1960 (Ga. Laws 1960, p. 1184), is hereby repealed in its entirety.

Section 3. All laws and parts of laws in conflict with this act are hereby repealed.

Senator Broun of the 46th offered the following amendment to the Commit tee substitute to SB 56:
Amend substitute to SB 56 by striking in section 1, between the figures and word "32-510", and "State" the word "the", and by sub stituting therefor the following:
"Effective on the date of the expiration of the present term of office of the Governor in January, 1967, the ".

On the adoption of the amendment, the ayes were 30, nays 0, and the amendment to the substitute was adopted.

On the adoption of the substitute as amended, the ayes were 32, nays 1, and the substitute was adopted as amended.

TUESDAY, FEBRUARY 8, 1966

481

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

On the passage of the bill, the ayes were 33, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute as amended.
SB 139. By Senators Tribble of the 3rd, Webb of the llth, Carter of the 14th, Rowan of the 8th, Edenfield of the 4th and others: A bill to amend an act creating the Department of Public Safety and providing for the issuance, revocation, suspension and renewal of driver licenses, as amended, so as to increase the minimum age required of applicants for an operator's class driver licenses; and for other purposes.
Senator Tribble of the 3rd offered the following amendment:
Amend SB 139 by striking from Subsection (7), which is quoted in Section 1 of said bill, the following:
"in this state which is accredited by the Southern Board of Accreditation of Colleges and Universities or State Accrediting Agency".
By striking wherever the same shall appear the following:
"seventy-five per cent (75%)", and "75%",
and substituting in lieu the following:
"fifty per cent (50%)"
On the adoption of the amendment, the ayes were 37, nays 0, and the amend ment was adopted.
Senator Kilpatrick of the 44th offered the following amendment:
Amend SB 139 by striking the words in section 1 "who are be tween the ages of 16 and 18" and substituting in lieu thereof the following "who have reached their sixteenth birthday but who have not reached their eighteenth birthday".

On the adoption of the amendment, the ayes were 31, nays 0, and the amendment was adopted.

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

On the passage of the bill, Senator Padgett of the 23rd 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

Foster Gayner Gregory Hall Holloway Johnson of 42nd Kilpatrick Lee Maclntyre Miller Minish

Moore Noble Owens Rowan Searcey Smalley Spinks Thompson Tribble Webb Young

Those voting in the negative were Senators:

Downing Holley Kidd Loggins

McKenzie Padgett Plunkett Sanders

Smith Ward Wesberry Yancey

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

On the passage of the bill, the ayes were 33, nays 12.

The bill, having received the requisite constitutional majority, was passed as amended.
Senator Hill of the 29th, 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 21. SB 35.

SB 77. SB 78. SB 88. SB 94. SB 119. SB 148. SB 149. SB 150. SB 175. SB 180. SB 183.

TUESDAY, FEBRUARY 8, 1966

483

Respectfully submitted, Hill of the 29th District, Chairman.

Senator Hill of the 29th, 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 17. SB 18. SB 26. SB 27.
Respectfully submitted, Hill of the 29th District, Chairman.

SB 133. By Senators Webb of the llth and Jackson of the 16th:
A bill to amend an act establishing a merit system of personnel admin istration for state employees, as amended, so as to authorize the State Highway Department to extend merit system coverage to employees in the State Highway Department not presently covered under said system; and for other purposes.

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

On the passage of the bill, the ayes were 38, 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 to morrow morning, and the motion prevailed.

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

WEDNESDAY, FEBRUARY 9, 1966

485

Senate Chamber, Atlanta, Georgia, Wednesday, February 9, 1966.

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 Dewey Norton, pastor, First Baptist Church, Jesup, Georgia.
Prayer was offered by Father Robert Donald Kiernan, pastor, St. Anthony's Catholic Church, Atlanta, 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 Gregory Hall

Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore MeGill McKenzie Noble

Owens Padgett Pennington Plunkett Rowan Salome Sanders Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Wesberry Yancey Young

Senator Gregory of the 15th reported that the journal of yesterday's pro ceedings had been read and found correct.

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

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3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.

The consent was granted.

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

HB 461. By Messrs. Elliott of the 107th, Knapp, Wilson and Stewart of the 109th:
A bill to create the Bibb County Water and Sewerage Authority and to authorize such authority to acquire, construct, equip, etc., selfliquidating projects embracing sources of water supply; and for other purposes.
HB 470. By Messrs. Busbee, Odom, Hutchinson and Lee of the 79th:
A bill to amend an act providing a new charter for the City of Albany, so as to authorize the city commissioners to designate the place for holding elections; and for other purposes.

HB 472. By Mr. Stovall of the 17th:
A bill to amend an act creating a board of commissioners of roads and revenues of Madison County, so as to provide that certain personnel personally objected to by the chairman shall not be employed by the board; and for other purposes.

HB 473. By Mr. Stovall of the 17th:
A bill to abolish the present mode of compensating the sheriff of Banks County, known as the fee system; and for other purposes.

HB 476. By Mr. Brackin of the 87th:
A bill to fix, allow and provide for the compensation of the Sheriff of Seminole County; and for other purposes.

WEDNESDAY, FEBRUARY 9, 1966

48T

HB 477. By Mr. Brackin of the 87th:
A bill to amend an act amending, consolidating and superseding the several acts incorporating the City of Colquitt in the County of Miller, so as to change the corporate limits of said city; and for other pur poses.

HB 482. By Mr. Black of the 56th:
A bill to fix the compensation of the clerk of the commissioners of roads and revenues of all counties having a certain population, to pro vide that such compensation shall be paid from county funds by the governing authorities of such counties; and for other purposes.

HB 483. By Mr. Black of the 56th:
A bill to amend an act abolishing the office of tax collector and tax receiver and creating the office of tax commissioner in their stead, so as to change the compensation of the tax commissioner, of Chattahoochee County; and for other purposes.

HB 484. By Mr. Black of the 56th:
A bill to amend an act placing the sheriff of Chattahoochee County on an annual salary in lieu of the fee basis of compensation, so as to authorize the governing authority of Chattahoochee County to fix the compensation of the sheriff within a certain salary range; and for other purposes.
HB 485. By Mr. Black of the 56th:
A bill to provide that in all counties of this State having a certain population, the ordinaries of such counties shall be compensated on a salary basis in lieu of the fee system; and for other purposes.

HB 489. By Messrs. Richardson of the 116th, Gignilliat and Powers of the 113th, Smith of the 114th, Tye and Kiley of the 115th: A bill to amend an act incorporating Garden City, so as to confer upon the mayor and the councilmen additional powers; and for other pur poses.
HB 490. By Messrs. Bedgood and Matthews of the 29th: A bill to place the sheriff of Clarke County upon an annual salary; and for other purposes.
HB 491. By Messrs. Bedgood and Matthews of the 29th: A bill to amend an act providing for the merger of the independent school system of the Mayor and Council of the City of Athens and

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JOURNAL OF THE SENATE,

the existing school district of Clarke County, so as to provide that no educational tax shall be levied at a rate in excess of 20 mills; and for other purposes.

HB 492. By Messrs. Matthews and Bedgood of the 29th:
A bill to amend an act relating to the charter of the Town of Athens, so as to authorize the appointment of Deputy Registrars; and for other purposes.
HB 493. By Messrs. Matthews and Bedgood of the 29th:
A bill to fix the compensation of the treasurer of Clarke County; and for other purposes.
HB 497. By Messrs. Wilson and Henderson of the 102nd, Howard and McDaniell of the 101st and Jordan of the 103rd:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Cobb County, so as to provide that the charge for licenses issued for certain business activities within Cobb County shall be limited to actual expenses incurred in issuing such licenses; and for other purposes.
HB 499. By Mr. Black of the 56th:
A bill to provide that in all counties of this State having a certain population the governing authorities of such counties shall furnish the Sheriff of said counties firearms and ammunition and a two-way radio for the sheriff's office; and for other purposes.

HB 501. By Messrs. Snellings and Hull of the 104th, Belong and Sherman of the 105th, Fleming and Simkins of the 106th:
A bill to amend an act regulating public instruction in the County of Richmond, so as to change the compensation of the members, presi dent and vice-president of the board of education; and for other pur poses.
HB 502. By Messrs. Elliott of the 107th, Knapp, Stewart, Wilson and Jones of the 109th, and Bryant of the 108th:
A bill to amend an act establishing the City Court of Macon, in and for the County of Bibb, so as to change the name of the city court of Macon; and for other purposes.

HB 503. By Messrs. Elliott of the 107th, Knapp, Stewart, Wilson and Jones of the 109th, and Bryant of the 108th:
A bill to amend an Act establishing the City Court of Macon, in and for the County of Bibb, so as to provide for the establishment of a

WEDNESDAY, FEBRUARY 9, 1966

489

court probation office, the appointment of probation officers and other assistants, to provide duties of said probation officers; and for other purposes.

HB 504. By Mr. Smith of the 54th:
A bill to amend an act incorporating the City of Swainsboro, so as to provide for the qualifications and registration of voters; and for other purposes.

HB 505. By Mr. Anderson of the 71st:
A bill to amend an act placing the Ordinary of Pulaski County upon an annual salary in lieu of the fee system, so as to provide that ordi nary shall be entitled to receive fees, which are payable to local cus todians of vital statistics in the event said ordinary is designated local custodian of vital statistics; and for other purposes.

HB 506. By Mr. Anderson of the 71st:
A bill to amend an act placing the clerk of the superior court of Pulaski County upon an annual salary in lieu of the fee system, so as to provide that the clerk shall receive an allowance payable from the funds of Pulaski County for assistance to the Board of Tax Assessors of Pulaski County; and for other purposes.

HB 507. By Messrs. Overby, Wood and Williams of the 16th: A bill to incorporate and to grant a new charter to the City of Oakwood; and for other purposes.
HR 201. By Mr. Harris of the 85th: A resolution proposing an amendment to the Constitution, so as to provide additional definitions relating to the Brunswick and Glynn County Development Authority; and for other purposes.

HR 247. By Messrs. Lowrey, Minge and Starnes of the 13th:
A resolution proposing an amendment to the Constitution so as to authorize Floyd County, in unincorporated areas, to construct, pave, etc. streets, roads, curbing, etc. and assess all or a portion of the cost against abutting property and the owners thereof with the approval of a majority of said abutting property owners; and for other purposes.

HR 250. By Mr. Black of the 56th:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Chattahoochee County to assess

490

JOURNAL OF THE SENATE,

and collect license fees and taxes upon businesses located in Chattahooch.ee County outside the limits of any incorporated municipality; and for other purposes.

HR 255. By Messrs. Matthews and Bedgood of the 29th:
A resolution proposing an amendment to the Constitution so as to increase the membership of the board of education of Clarke County from nine to eleven members; and for other purposes.

HR 246. By Messrs. Minge, Lowrey and Starnes of the 13th:
A resolution proposing an amendment to the Constitution so as to pro vide that the governing authority of Floyd County may establish water, sanitation, sewerage and fire protection districts in Floyd Coun ty; and for other purposes.
HR 225. By Messrs. Smith of the 114th, Tye of the 115th, Powers and Gignilliat of the 113th, Drew of the 116th and others:
A resolution proposing an amendment to the Constitution so as to provide to the qualified voters of Chatham County an amendment to Article VII, Section I, Paragraph III, providing for tax equalization by authorizing levying of taxes other than taxes on real and personal property; and for other purposes.
HR 232. By Mr. Matthews of the 29th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local act for the creation of a Charter Commission to study the consolidation of the government of the mayor and a council of the City of Athens and Clarke County; and for other purposes.
HR 241. By Mr. Vaughn of the 117th:
A resolution proposing an amendment to the Constitution so as to increase the debt limitation of Rockdale County; and for other purposes.

HR 242. By Messrs. Story and Watson of the 22nd:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Gwinnett County to establish and administer fire protection districts and sewerage districts in said county; and for other purposes.
HB 399. By Mr. Leonard of the 3rd:
A bill to amend an act creating a commissioner of roads and revenues for Murray County, so as to increase the compensation of the com missioner; and for other purposes.

WEDNESDAY, FEBRUARY 9, 1966

491

HB 406. By Mr. Jones of the 76th:
A bill to amend an act placing the clerk of the superior court, the sheriff and the tax commissioner of Mclntosh County upon an annual salary, so as to allow the clerk of the superior court to retain certain fees authorized for certain of his services and for other purposes.

HB 510. By Mr. Roach of the 15th:
A bill to amend an act creating the office of Commissioner of Roads and Revenues for Cherokee County, so as to change the compensation of the Commissioner; and for other purposes.

HB 511. By Messrs. Minge, Lowrey and Starnes of the 13th:
A bill to require the Board of Commissioners of Roads and Revenue of Floyd County to conduct an annual audit of finances, financial records and books of Floyd County; and for other purposes.

HB 512. By Messrs. Minge, Lowrey and Starnes of the 13th:
A bill to require county boards of education in certain counties to conduct a continuing and annual audit of the books and records of such board of education; and for other purposes.

HB 513. By Messrs. Minge, Lowrey and Starnes of the 13th:
A bill to require hospital authorities in certain counties to conduct an annual audit of the books and records of such hospital authorities; and for other purposes.
HB 514. By Messrs. Minge, Lowrey and Starnes of the 13th:
A bill to amend an act placing certain officers of Floyd County on a salary basis, so as to provide that the salary of the comptroller shall be fixed by the Board of Commissioners of Roads and Revenue of Floyd County; and for other purposes.

HB 515. By Messrs. Minge, Lowrey and Starnes of the 13th:
A bill to require the commissioners of roads and revenues of Floyd County to operate under a budget; and for other purposes.

HB 516. By Mr. Roach of the 15th:
A bill to amend an act placing the sheriff, the clerk of the superior court, the tax commissioner and the ordinary of Cherokee County on a salary system in lieu of the fee system, so as to change the compensa-

492

JOURNAL OP THE SENATE,

tion of the sheriff, clerk of the superior court, tax commissioner, ordi nary, sheriff's deputies and the various clerks to said offices; and for other purposes.

HB 517. By Mr. Pafford of the 97th:
A bill to amend an act placing the sheriff of Lanier County upon an annual salary, so as to fix the annual salary of the sheriff; and for other purposes.

HB 518. By Mr. Johnson of the 40th:
A bill to abolish the present mode of compensating the sheriff of Glascock County, known as the fee system; and for other purposes.

HB 521. By Messrs. Richardson of the 116th, Gignilliat and Powers of the 113th, Smith of the 114th, Tye and Kiley of the 115th and others:
A bill to amend an act implementing the Constitutional provisions creating the Savannah District Authority, so as to delete therefrom certain provisions relating to the terms of office of the authority members and the prohibition against members being eligible to succeed themselves; and for other purposes.
HB 523. By Messrs. Howard and McDaniell of the 101st, Henderson and Wilson of the 102nd:
A bill creating a new charter for the City of Smyrna, so as to increase the corporate limits; and for other purposes.
HB 525. By Messrs. Howard and Wilson of the 101st, Henderson and Wilson of the 102nd:
A bill to amend an Act providing for a new charter for the City of Marietta, so as to change the corporate limits of said city; and for other purposes.
HB 526. By Messrs. Bean, Evensen, Westlake and Higginbotham, Carley, Malone, Palmer and Vaughn of the 117th, Farrar, Harris, Levitas and Walling of the 118th:
A bill to amend an act creating and establishing in DeKalb County districts from which the members of the County Board of Education shall be elected, so as to redefine the school board districts; and for other purposes.
HB 528. By Mr. NeSmith of the 43rd:
A bill to amend an act creating a new charter for the Town of Luthersville, so as to increase the corporate limits of the Town of Luthersville; and for other purposes.

WEDNESDAY, FEBRUARY 9, 1966

493

HB 529. By Messrs. Vaughn, Malone, Palmer and Carley of the 117th, Westlake, Higginbotham, Bean and Evensen of the 119th, Farrar, Levitas, Walling and Harris of the 118th:
A bill to amend Code Section 92-6402, providing for the payment of taxes in two installments in counties having a population of not less than 250,000 and not more than 500,000, so as to strike the 10% penalty on delinquent installments and to provide that the first in stallment shall be due on July 1 and shall become delinquent if not paid by August 15, and the second installment shall be due October 1 and shall become delinquent if not paid by November 15; and for other purposes.

HB 535. By Messrs. Lee, Gary and Harrell of the 35th:
A bill to amend an act creating a board of commissioners of roads and revenues for Clayton County, so as to change the amount of the bond required of the chairman and of the members of the board; and for other purposes.

HB 536. By Messrs. Lee, Gary and Harrell of the 35th:
A bill to abolish the office of Treasurer of Clayton County; to provide that the Commissioners of Roads and Revenues of Clayton County shall appoint depositories for county funds; and for other purposes.

HB 540. By Messrs. Matthews and Bedgood of the 29th:
A bill to amend an act creating the Clarke County School District and providing for a board of education therefor, so as to increase the membership of the board of education; and for other purposes.

HB 545. By Messrs. Lowrey, Minge and Starnes of the 13th:
A bill to amend an act creating a new charter for the City of Rome, relating to the Board of Education; and for other purposes.

HB 546. By Messrs. Lowrey, Minge and Starnes of the 13th:
A bill to amend an act creating a new charter for the City of Rome, so as to provide the qualifications of the members of the Rome City Commissioners; and for other purposes.

HB 547. By Messrs. Lowrey, Minge and Starnes of the 13th:
A bill to amend an act creating the charter for the City of Rome, so as to provide that each Ward shall consist of Post No. 1, Post No. 2 and Post No. 3 for election purposes; and for other purposes.

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JOURNAL OF THE SENATE,

HB 548. By Messrs. Lowrey, Minge and Starnes of the 13th:
A bill to amend an act creating a new charter for the City of Rome, relating to the number of wards within the City of Rome; and for other purposes.

HB 549. By Messrs. Lowrey, Minge and Starnes of the 13th:
A bill to amend an act creating a new charter for the City of Rome, relating to fines, taxes, forfeitures or other indebtedness due said City; and for other purposes.

HB 550. By Messrs. Lowrey, Minge and Starnes of the 13th:
A bill to amend an Act creating a new charter for the City of Rome, so as to provide for primary elections and the nomination of candidates for any general election and special election by primary or nomination petition; and for other purposes.

HB 552. By Messrs. Hull of the 104th and DeLong of the 105th:
A bill to amend an act changing from the fee to the salary system certain of the county officers of certain counties of this state, so as to change the compensation of certain employees of the sheriff's office; and for other purposes.
HB 556. By Messrs. Wilson and Henderson of the 102nd, Howard and McDaniell of the 101st, and Jordan of the 103rd:
A bill to amend an act placing the clerk of the superior court, the sheriff and the ordinary of Cobb County upon an annual salary, so as to provide for a minimum salary for the deputy sheriffs; and for other purposes.
HB 449. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thompson of the 110th, Shields and Thompson of the lllth:
A bill to amend an act relating to the salary of the judge of the juvenile court in certain counties.

HB 344. By Messrs. Harris of the 118th and Levitas of the 118th:
A bill to provide that any person who steals an article representing a trade secret or copies an article representing a trade secret with intent to deprive the owner thereof, the control of such trade secrets shall be guilty of a crime; and for other purposes.

HR 10. By Mr. Irvin of the llth: A resolution to compensate Ed. Lonzo Smith; and for other purposes.

WEDNESDAY, FEBRUARY 9, 1966

495

HR 13. By Mr. Lewis of the 50th:
A resolution compensating Parker-White Motors; and for other pur poses.

HR 86. By Messrs. Chandler and Harrington of the 47th:
A resolution compensating Benjamin Clinton Tanner; and for other purposes.

HR 162. By Mr. Floyd of the 7th: A resolution compensating Mr. Glenn Hendrix; and for other purposes.

HR 168. By Mr. Otwell of the 10th: A resolution compensating Charles L. Wilson; and for other purposes.

HR 169. By Mr. Harris of the 14th:
A resolution compensating Warren Marchialette; and for other pur poses.

HR 170. By Mr. Vaughan of the 14th:
A resolution compensating Miss Marie Morgan and Mrs. Bertha Wilkins; and for other purposes.

HR 171. By Messrs. Chandler and Harrington of the 47th: A resolution to compensate Reverend James L. Travis; and for other purposes.
HR 172. By Mr. Harris of the 118th: A resolution compensating Doyle F. Whiteaker; and for other purposes.
HR 176. By Mr. Harris of the 118th: A resolution compensating Mr. Raymond J. Wrinn; and for other purposes.
HR 181. By Mr. Dickinson of the 27th: A resolution compensating Mr. Johnny A. Brown; and for other pur poses.

496

JOURNAL OF THE SENATE,

HR 208. By Mr. Wilson of the 102nd: A resolution compensating Carl Green; and for other purposes.

HR 212. By Mr. Herndon of the 74th: A resolution compensating Mrs. Jacquelyn S. Horen; and for other purposes.
HR 94. By Mr. Overby of the 16th: A resolution compensating Mrs. Helen Martin; and for other purposes.

HR 125. By Messrs. Newton and Matthews of the 94th: A resolution compensating R. L. Millings; and for other purposes.
HR 174. By Mr. Harris of the 118th: A resolution compensating Mr. and Mrs. Randolph E. Ward; and for other purposes.
HR 175. By Mr. Harris of the 118th: A resolution compensating Mr. Samuel Rushing Smith; and for other purposes.
HR 184. By Mr. Ross of the 31st: A resolution compensating Bobby Gene Rocker; and for other purposes.
HR 214. By Mr. Houston of the 84th: A resolution compensating Mr. L. L. Rhoden, Jr.; and for other pur poses.
HR 149. By Messrs. Farrar and Walling of the 118th: A resolution authorizing General Assembly to provide for indemnifying of private citizen, his spouse or child for personal injury, death or damage to property sustained in preventing commission of a crime or in assisting a peace officer in prevention of a crime or apprehension of a criminal; and for other purposes.
HB 306. By Messrs. Sherman of the 105th, Fleming of the 106th, Clarke of the 45th, Knapp of the 109th, Lee of the 79th and many others: A bill to regulate the sale of admission tickets to athletic contests other than those of colleges of the University System of Georgia, so as to

WEDNESDAY, FEBRUARY 9, 1966

497

provide that no ticket to athletic contests regulated by this Act shall be sold for more than $1.00 and for other purposes.

HB 479. By Mr. Nessmith of the 64th:
A bill to repeal an act creating an "Agricultural Commodities Author ity"; and for other purposes.

HB 169. By Messrs. Pickard of the 112th, Parrar of the 118th, Barber of the 24th and Story of the 22nd:
A bill to amend an act establishing the Teachers' Retirement System, so as to provide for an additional member of the Board of Trustees of the System; and for other purposes.

HB 242. By Messrs. Lane of the 64th, Parker of the 65th, Overby of the 16th, Smith of the 3rd, Newton of the 50th, Nessmith of the 64th, Matthews and Newton of the 94th, Williams of the 16th and others:
A bill to create and establish the office of Senior Superior Court Re porter; and for other purposes.

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

SB 203. By Senators Johnson of the 38th, Salome of the 36th, Coggin of the 35th, Ward of the 39th, Wesberry of the 37th and Maclntyre of the 40th:
A bill pertaining to the attendance of witnesses and the fees therefor, to provide for payment of fees by the State to any sheriff or assistants of any police force attending any superior court, other State, or county court having jurisdiction to enforce penal laws of this State; and for other purposes.
Referred to Committee on Judiciary.

SB 204. By Senators Johnson of the 8th, Salome of the 36th, Coggin of the 35th, Wesberry of the 37th and Maclntyre of the 40th:
A bill to add one additional judge of the Superior Court for the Atlanta Judicial Circuit; and for other purposes.
Referred to Committee on Judiciary.

SB 205. By Senators Thompson of the 34th and Sanders of the 41st:
A bill relating to the discharge of mechanics and materialmen's liens by the filing of a bond, so as to provide that such liens may be dis-

498

JOURNAL OF THE SENATE,

charged by posting with the clerk of a cash bond in the amount required; and for other purposes.
Referred to Committee on Judiciary.

SB 207. By Senator Salome of the 36th:
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 208. By Senator Edenfield of the 4th:
A bill to amend an act repealing the act creating the Georgia Board of Naturopathic Examiners to provide that the unlawful practice of naturopathy is a misdemeanor and to provide the punishment therefor; and for other purposes.
Referred to Committee on Health and Welfare.

SB 209. By Senator Johnson of the 42nd:
A bill to amend an act establishing the State Employees' Retirement System 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 Retirement.

SB 210. By Senators Gillis of the 20th and Smith of the 18th:
A bill to amend an act creating the Department of Commerce to author ize the publicizing of the State of Georgia; to repeal conflicting laws; and for other purposes.
Referred to Committee on Industry and Labor.

SB 212. By Senator Pennington of the 45th: A bill to amend an act defining certain agricultural terms to include in said definition container grown products; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

SB 213. By Senators Downing of the 1st, Salome of the 36th, Coggin of the 35th, Ward of the 39th, Spinks of the 9th and others:
A bill to provide for personal jurisdiction over any non-domiciliary; or his executor or administrator, as to a cause of action arising from

WEDNESDAY, FEBRUARY 9, 1966

499

the transaction of business within the state, or the commission of a tortious act within the state, or owning, using or possessing real prop erty situated within the state; and for other purposes.
Referred to Committee on Rules.

SR 61. By Senators Loggins of the 53rd and Lee of the 47th:
A resolution to authorize the acceptance of the bid of Sonoco Products Company, to lease 1.22 acres of State-owned property in Fulton County, Georgia, and to direct the Chairman of the State Properties Control Commission to execute the attached lease on behalf of the State Proper ties Control Commission.
Referred to Committee on Rules.

SR 62. By Senators Holloway of the 12th, Smalley of the 28th, Carter of the 14th and Tribble of the 3rd:
A resolution authorizing the Georgia State Game and Fish Commission to stock the lakes and ponds owned by the State of Georgia and located within a State Park.
Referred to Committee on Agriculture and Natural Resources.

SR 63. By Senators Thompson of the 34th and Broun of the 46th:
A resolution proposing an amendment to the Constitution so as to continue the salary of any employee of the Department of Public Safety killed in the line of duty as a pension to the children of such employee until such time as the youngest unmarried child surviving such em ployee shall reach the age of 18 years; and for other purposes.
Referred to Committee on Retirement.

SR 64. By Senators Wesberry of the 37th, Sanders of the 41st, Coggin of the 35th, Maclntyre of the 40th, Salome of the 36th, Thompson of the 34th, Ward of the 39th and Johnson of the 38th:
A resolution to establish a local Government Commission in Atlanta, Fulton and DeKalb Counties, to study the Governments of Fulton and DeKalb Counties and the municipalities located wholly or partly therein for the purpose of improving local governments and providing greater efficiency and economy; and for other purposes.
Referred to Committee on County and Municipal Governments.

SR 65. By Senator Holloway of the 12th:
A resolution creating an interim committee to study all matters re lating to the feasibility of establishing a state liaison office in Washing ton, D. C.; and for other purposes.
Referred to Committee on Rules.

500

JOURNAL OP THE SENATE,

SR 66. Senator Moore of the 31st:
A resolution proposing an amendment to the Constitution so as to create the Polk School District by merging the county school system of Polk County and the independent school system of the City of Cedartown; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 169. By Messrs. Pickard of the 112th, Farrar of the 118th, Barber of the 24th and Story of the 22nd:
A bill to amend an act establishing the Teacher's Retirement System, so as to provide for an additional member of the Board of Trustees; and for other purposes.
Referred to Committee on Rules.

HB 242. By Messrs. Lane of the 64th, Parker of the 55th, Overby of the 16th, Smith of the 3rd, Newton of the 50th, Nessmith of the 64th, Matthews and Newton of the 94th, Williams of the 16th and others:
A bill to create and establish the office of Senior Superior Court Reporter; and for other purposes.
Referred to Committee on Retirement.

HB 306. By Messrs. Sherman of the 105th, Fleming of the 106th, Clarke of the 45th, Knapp of the 109th, Lee of the 79th and many others:
A bill to regulate the sale of admission tickets to athletic contests other than those of colleges of the University System of Georgia, so as to provide that no ticket to athletic contests regulated by this act shall be sold for more than $1.00; and for other purposes.
Referred to Committee on Judiciary.

HB 344. By Messrs. Harris of the 118th and Levitas of the 118th:
A bill to provide that any person who steals an article representing a trade secret or copies an article representing a trade secret with intent to deprive the owner thereof, the control of such trade secrets shall be guilty of a crime; and for other purposes.
Referred to Committee on Industry and Labor.

HB 399. By Mr. Leonard of the 3rd:
A bill to amend an act creating a commissioner of roads and revenues for Murray County, so as to increase the compensation of the commis sioner; and for other purposes.
Referred to Committee on County and Municipal Governments.

WEDNESDAY, FEBRUARY 9, 1966

501

HB 406. By Mr. Harris of the 85th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Glynn County, so as to provide for the election of members by a majority vote; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 449. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thompson of the 110th, Shields and Thompson of the lllth:
A bill to amend an act relating to the salary of the judge of the juvenile court in counties in the State having a population of not less than 150,000 and more than 175,000, so as to change the salary of the judge of the juvenile court in such counties; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 461. By Messrs. Elliott of the 17th, Knapp, Wilson and Stewart of the 109th:
A bill to create the Bibb County Water and Sewerage Authority, and to authorize such authority to acquire, construct, equip, etc., self liquidating projects embracing sources of water supply; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 470. By Messrs. Busbee, Odom, Hutchinson and Lee of the 79th:
A bill to amend an act providing a new charter for the City of Albany, so as to authorize the city commissioners to designate the place for holding elections; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 472. By Mr. Stovall of the 17th:
A bill to amend an act creating a board of commissioners of roads and revenues of Madison County, so as to provide that certain personnel personally objected to by the chairman shall not be employed by the board; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 473. By Mr. Stovall of the 17th: A bill to abolish the present mode of compensating the sheriff of Banks County, known as the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

502

JOURNAL OF THE SENATE,

HB 476. By Mr. Brackin of the 87th: A bill to be entitled an act to fix, allow and provide for the compensa tion of the sheriff of Seniinole County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 477. By Mr. Brackin of the 87th:
A bill to amend an act amending, consolidating and superseding the several acts incorporating the City of Colquitt in the County of Miller, so as to change the corporate limits of said city; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 479. By Mr. Nessmith of the 64th: A bill to repeal an act creating an "Agricultural Commodities Author ity" and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 482. By Mr. Black of the 56th:
A bill to fix the compensation of the clerk of the commissioners of roads and revenues of all counties having a certain population, to provide that such compensation shall be paid from county funds by the govern ing authorities of such counties; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 483. By Mr. Black of the 56th:
A bill to amend an act abolishing the office of tax collector and tax receiver and creating the office of tax commissioner in their stead, so as to change the compensation of the tax commissioner of Chattahoochee County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 484. By Mr. Black of the 56th:
A bill to amend an act placing the sheriff of Chattahoochee County on an annual salary in lieu of the fee basis of compensation, so as to authorize the governing authority of Chattahoochee County to fix the compensation of the sheriff within a certain salary range; and for other purposes.
Referred to Committee on County and Municipal Governments.

WEDNESDAY, FEBRUARY 9, 1966

503

HB 485. By Mr. Black of the 56th:
A bill to provide that in all counties of this State having a certain population, the ordinaries of such counties shall be compensated on a salary basis in lieu of the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 489. By Messrs. Richardson of the 116th, Gignilliat and Powers of the 113th, Smith of the 114th, Tye and Kiley of the 115th:
A bill to amend an act incorporating Garden City, so as to confer upon the mayor and councilmen additional powers; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 490. By Messrs. Bedgood and Matthews of the 29th:
A bill to place the sheriff of Clarke County upon an annual salary; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 491. By Messrs. Bedgood and Matthews of the 29th:
A bill to amend an act providing for the merger of the independent school system of the mayor and council of the City of Athens and the existing school district of Clarke County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 492. By Messrs. Matthews and Bedgood of the 29th:
A bill to amend an act relating to the charter of the Town of Athens, so as to authorize the appointment of Deputy Registrars; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 493. By Messrs. Matthews and Bedgood of the 29th:
A bill to fix the compensation of the treasurer of Clarke County; ancT for other purposes.
Referred to Committee on County and Municipal Governments.

HB 497. By Messrs. Wilson and Henderson of the 102nd, Howard and McDaniell of the 101st and Jordan of the 103rd:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Cobb County, to provide the charge for licenses for certain business activities; and for other purposes.
Referred to Committee on County and Municipal Governments.

504

JOURNAL OP THE SENATE,

HB 499. By Mr. Black of the 56th:
A bill to provide that in all counties of this State having a certain population the governing authorities of such counties shall furnish the sheriff of said counties firearms and ammunition and a two-way radio for the sheriff's office; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 501. By Messrs. Snellings and Hull of the 104th, DeLong and Sherman of the 105th, Fleming and Simkins of the 106th:
A bill to amend an act regulating public instruction in the County of Richmond, so as to change the compensation of the members; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 502. By Messrs. Elliott of the 107th, Knapp, Stewart, Wilson and Jones of the 109th, and Bryant of the 108th:
A bill to amend an act establishing the City Court of Macon, in and for the County of Bibb, so as to change the name of the city court of Macon; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 503. By Messrs. Elliott of the 107th, Knapp, Stewart, Wilson and Jones of the 109th, and Bryant of the 108th:
A bill to amend an act establishing the City Court of Macon, in and for the County of Bibb, so as to provide for the establishment of a probation office; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 504. By Mr. Smith of the 54th:
A bill to amend an act incorporating the City of Swainsboro, so as to provide for the qualifications and registration of voters; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 505. By Mr. Anderson of the 71st: A bill to amend an act placing the ordinary of Pulaski County upon an annual salary in lieu of the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

WEDNESDAY, FEBRUARY 9, 1966

505

HB 506. By Mr. Anderson of the 71st:
A bill to amend an act placing the clerk of the Superior Court of Pulaski County upon an annual salary in lieu of the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 507. By Messrs. Overby, Wood and Williams of the 16th:
A bill to incorporate and to grant a new charter to the City of Oakwood; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 510. By Mr. Roach of the 15th:
A bill to amend an act creating the office of Commissioner of Roads and Revenues for Cherokee County, so as to change the compensation of the Commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 511. By Messrs. Minge, Lowrey and Starnes of the 13th:
A bill to require the Board of Commissioners of Roads and Revenues of Floyd County to conduct an annual audit of finances, financial records and books of Floyd County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 512. By Messrs. Minge, Lowrey and Starnes of the 13th:
A bill to require county boards of education in certain counties to conduct a continuing and annual audit of the books and records of such board of education; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 513. By Messrs. Minge, Lowrey and Starnes of the 13th:
A bill to require hospital authorities in certain counties to conduct an annual audit of the books and records of such hospital authorities; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 514. By Messrs. Minge, Lowrey and Starnes of the 13th:
A bill to amend an act placing certain officers of Floyd County on a salary basis, so as to provide that the salary of the comptroller shall be fixed by the Board of Commissioners of Roads and Revenues ol Floyd County; and for other purposes.
Referred to Committee on County and Municipal Governments.

506

JOURNAL OF THE SENATE,

HB 515. By Messrs. Minge, Lowrey and Starnes of the 13th:
A bill to require the Commissioners of Roads and Revenues of Floyd County to operate under a budget; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 516. By Mr. Roach of the 15th:
A bill to amend an act placing the sheriff, the clerk of the superior court, the tax commissioner and the ordinary of Cherokee County on & salary system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 517. By Mr. Pafford of the 97th:
A bill to amend an act placing the sheriff of Lanier County upon an annual salary, so as to fix the annual salary of the sheriff; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 518. By Mr. Johnson of the 40th:
A bill to abolish the present mode of compensating the sheriff of Glascock County, known as the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 521. By Messrs. Richardson of the 116th, Gignilliat and Powers of the 113th, Smith of the 114th, Tye and Kiley of the 115th and others:
A bill to amend an act implementing the constitutional provisions creating the Savannah District Authority, so as to delete therefrom certain provisions relating to the terms of office of the authority members and the prohibition against members being eligibile to succeed themselves; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 523. By Messrs. Howard and McDaniell of the 101st, Henderson and Wilson of the 102nd:
A bill creating a new charter for the City of Smyrna, so as to increase the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 525. By Messrs. Howard of the 101st, Henderson and Wilson of the 102nd:
A bill providing for a new charter for the City of Marietta, so as to change the corporate limits of said city; and for other purposes.
Referred to Committee on County and Municipal Governments.

WEDNESDAY, FEBRUARY 9, 1966

507

HB 526. By Messrs. Bean, Evensen, Westlake and Higginbotham, Carley, Malone, Palmer and Vaughn of the 117th and others of the 118th:
A bill to amend an act creating and establishing in DeKalb County districts from which the members of the County Board of Education shall be elected, so as to redefine the school board districts; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 528. By Mr. NeSmith of the 43rd:
A bill to amend an act creating a new charter for the Town of Luthersville, so as to increase the corporate limits of the Town of Luthersville; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 529. By Messrs. Vaughn, Malone, Palmer and Carley of the 117th, Westlake, Higginbotham, Bean and Evensen of the 119th and others of the 118th:
A bill to amend Code section 92-6402, providing for the payment of taxes in two installments in counties having a population of not less than 250,000 and not more than 500,000; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 535. By Messrs. Lee, Gary and Harrell of the 35th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Clayton County, so as to change the amount of bond required of the chairman and of members of the Board; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 536. By Messrs. Lee, Gary and Harrell of the 35th:
A bill to abolish the office of treasurer of Clayton County, to provide that the Commissioners of Roads and Revenues for Clayton County, shall appoint depositories for county funds; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 540. By Messrs. Matthews and Bedgood of the 29th:
A bill to amend an act creating the Clarke County School District and providing for a board of education therefor, so as to increase the membership of the board of education; and for other purposes.
Referred to Committee on County and Municipal Governments.

508

JOURNAL OF THE SENATE,

HB 545. By Messrs. Lowrey, Minge and Starnes of the 13th:
A bill to amend an act creating a new charter for the City of Rome, relating to the Board of Education; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 546. By Messrs. Lowrey, Minge and Starnes of the 13th: A bill to amend an act creating a new charter for the City of Rome, so as to provide the qualifications of the members of the Rome City Commissioners; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 547. By Messrs. Lowrey, Minge and Starnes of the 13th: A bill to amend an act creating the charter for the City of Rome, so as to provide that each ward shall consist of Post No. 1, Post No. 2 anH Post No. 3 for election purposes; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 548. By Messrs. Lowrey, Minge and Starnes of the 13th:
A bill to amend an act creating a new charter for the City of Rome, relating to the number of wards within the City of Rome; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 549. By Messrs. Lowrey, Minge and Starnes of the 13th:
A bill to amend an act creating a new charter for the City of Rome, relating to fines, taxes, forfeitures or other indebtedness due said city; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 550. By Messrs. Lowrey, Minge and Starnes of the 13th:
A bill to amend an act creating a new charter for the City of Rome, so as to provide for primary elections and the nomination of candidates for any general election and special election by primary or nomination petition; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 552. By Msesrs. Hull of fhe 104th and DeLong of the 105th:
A bill to amend an act changing from the fee to the salary system certain of the county officers of certain counties of this state, so as to

WEDNESDAY, FEBRUARY 9, 1966

509

change the compensation of certain employees of the sheriff's office; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 556. By Messrs. Wilson and Henderson of the 102nd, Howard and McDaniell of the 101st, and Jordan of the 103rd:
A bill to amend an act placing the clerk of the superior court, the sheriff, and the ordinary of Cobb County upon an annual salary; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 10. By Mr. Irvin of the llth: A resolution to compensate Ed Lonzo Smith; and for other purposes.
Referred to Committee on Appropriations.

HR 13. By Mr. Lewis of the 50th:
A resolution to compensate Parker-White Motors; and for other purposes.
Referred to Committee on Appropriations.

HR 86. By Messrs. Chandler and Harrington of the 47th:
A resolution compensating Benjamin Clinton Tanner; and for other purposes.
Referred to Committee on Appropriations.

HR 94. By Senator Overby of the 16th: A resolution compensating Mrs. Helen Martin; and for other purposes.
Referred to Committee on Appropriations.

HR 125. By Messrs. Newton and Matthews of the 94th: A resolution compensating R. L. Millings; and for other purposes.
Referred to Committee on Appropriations.

HR 149. By Messrs. Farrar and Walling of the 118th:
A resolution authorizing the General Assembly to provide for indemni fying of private citizen, his spouse or child for personal injury, death

510

JOURNAL OF THE SENATE,

or damage to property sustained in preventing commission of a crime or in assisting a peace officer in prevention of a crime or apprehension of a criminal; and for other purposes.
Referred to Committee on Rules.

HR 168. By Mr. Otwell of the 10th: A resolution compensating Charles L. Wilson; and for other purposes.
Referred to Committee on Appropriations.

HR 169. By Mr. Harris of the 14th: A resolution compensating Warren Marchialette; and for other purposes.
Referred to Committee on Appropriations.

HR 170. By Mr. Vaughan of the 14th:
A resolution compensating Miss Marie Morgan and Mrs. Bertha Wilkins; and for other purposes.
Referred to Committee on Appropriations.

HR 171. By Messrs. Chandler and Harrington of the 47th:
A resolution compensating Reverend James L. Travis; and for other purposes.
Referred to Committee on Appropriations.

HR 172. By Mr. Harris of the 118th: A resolution compensating Doyle F. Whitaker; and for other purposes.
Referred to Committee on Appropriations.

HR 174. By Mr. Harris of the 118th:
A resolution compensating Mr. and Mrs. Randolph E. Ward; and for other purposes.
Referred to Committee on Appropriations.

HR 175. By Mr. Harris of the 118th:
A resolution compensating Mr. Samuel Rushing Smith; and for other purposes.
Referred to Committee on Appropriations.

WEDNESDAY, FEBRUARY 9, 1966

511

HR 176. By Mr. Harris of the 118th:
A resolution compensating Mr. Raymond J. Wrinn; and for other purposes.
Referred to Committee on Appropriations.

HR 181. By Mr. Dickinson of the 27th:
A resolution compensating Mr. Johnny A. Brown; and for other pur poses.
Referred to Committee on Appropriations.

HR 184. By Mr. Ross of the 31st: A resolution compensating Bobby Gene Rocker; and for other purposes.
Referred to Committee on Appropriations.

HR 201. By Mr. Harris of the 86th:
A resolution proposing an amendment to the Constitution, so as to provide additional definitions relating to the Brunswick and Glynn County Development Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 208. By Mr. Wilson of the 102nd: A resolution compensating Carl Green; and for other purposes.
Referred to Committee on Appropriations.

HR 212. By Mr. Herndon of the 74th:
A resolution compensating Mrs. Jacquelyn S. Horen; and for other purposes.
Referred to Committee on Appropriations.

HR 214. By Mr. Houston of the 84th:
A resolution compensating Mr. L. L. Rhoden, Jr.; and for other purposes.
Referred to Committee on Appropriations.

HR 225. By Messrs. Smith of the 114th, Tye of the 115th, Powers and Gignilliat of the 113th, Drew of the 116th and others:
A resolution proposing an amendment to the Constitution so as to provide to the qualified voters of Chatham County an amendment to

512

JOURNAL OF THE SENATE,

Article VII, Section I, Paragraph III, providing for tax equalization by authorizing levying of taxes other than taxes on real and personal property; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 232. By Mr. Matthews of the 29th:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by local act for the creation of a Charter Commission to study the consolidation of the government of the mayor and council of the City of Athens and Clarke County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 241. By Mr. Vaughn of the 117th:
A resolution proposing an amendment to the Constitution so as to increase the debt limitation of Rockdale County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 242. By Messrs. Story and Watson of the 22nd:
A resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Gwinnett County to establish and administer fire protection districts and sewerage districts in said county; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 246. By Messrs. Minge, Lowrey and Starnes of the 13th:
A resolution proposing an amendment to the Constitution so as to provide that the governing authority of Floyd County may establisB water, sanitation, sewerage and fire protection districts in Floyd County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 247. By Messrs. Lowrey, Minge and Starnes of the 13th:
A resolution proposing an amendment to the constitution so as to au thorize Floyd County, in unincorporated areas, to construct, pave, etc. streets, roads, curbing, etc. and assess all or a portion of the cost against abutting property and the owners thereof with the approval of a ma jority of said abutting property owners; and for other purposes.
Referred to Committee on County and Municipal Governments.

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513

HR 250. By Mr. Black of the 56th:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Chattahoochee County to assess and collect license fees and taxes upon businesses located in Chatta hoochee County outside the limits of any incorporated municipality; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 255. By Messrs. Matthews and Bedgood of the 29th:
A resolution proposing an amendment to the Constitution so as to increase the membership of the Board of Education of Clarke County from nine to eleven members; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 162. By Mr. Floyd of the 7th: A resolution compensating Mr. Glenn Hendrix; and for other purposes.
Referred to Committee on Appropriations.

The following bills and resolutions were read the second time:

SB 195. By Senator Johnson of the 42nd:
A bill pertaining to the registration and licensing of motor vehicles in the counties throughout this state to change the compensation of the tag agents of the State Revenue Commissioner; and for other purposes.

SB 196. By Senator Minish of the 48th: A bill to amend an Act creating a new charter for the town of Maysville so as to change the date of the election for mayor and aldermen; and for other purposes.
SB 197. By Senator Downing of the 1st: A bill to create the Atlantic Coastal Tourist Commission as a commis sion and agency of the state government; and for other purposes.

SB 198. By Senators Carter of the 14th, Broun of the 46th, Plunkett of the 30th, Smalley of the 28th and Smith of the 18th:
A bill to fix the compensation of certain State officials; and for other purposes.

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SB 199. By Senator Downing of the 1st:
A bill relating to the power of the Secretary of State, the Department of Archives and History to provide that the Secretary of State may establish a branch depository after obtaining prior written approval of the historical association involved; and for other purposes.

SB 200. By Senator Salome of the 36th:
A bill to amend an act known as the "Minimum Foundation Program of Education Act" to provide that the State Board of Education shall be authorized to expand the student honors program to include pupils in the private high schools of this State; and for other purposes.

SB 201. By Senator Webb of the llth:
A bill to amend Section 12 of the Act of the General Assembly known as the "Statewide Probation Act" to provide that the probationary feature of a criminal sentence may be revoked in the county of super vision where it is different than the county of original conviction; and for other purposes.
SB 211. By Senators Downing of the 1st, Searcey of the 2nd and Tribble of the 3rd:
A bill amending the Charter for the City of Savannah by establishing a pension system for the employees of the Mayor and Aldermen of the City of Savannah to provide increased benefits for the dependents of certain employees of the Mayor and Aldermen of the City of Savannah; and for other purposes.

SR 59. By Senator Wesberry of the 37th:
A resolution calling a Constitutional Convention; and for other pur poses.
SR 60. By Senators Webb of the llth and Rowan of the 8th:
A resolution authorizing the Department of Mines, Mining and Geology of the State of Georiga to enter into a contract with the Topographic Branch of the United States Geological Survey to prepare topographic maps of the entire State of Georgia; and for other purposes.

HB 46. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to authorize the State Board of Education to provide for the education of children, youth and adults who are under the custody and control of other departments and agencies of this State and located or situated in an institutional or residential facility maintained by such other department or agency; and for other purposes.

WEDNESDAY, FEBRUARY 9, 1966

515

HB 85. By Mr. Jones of the 112th:
A bill to regulate charges and interest on loans secured by secondary mortgages on certain residential property subject to a prior lien or mortgage; and for other purposes.

HB 251. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend an act known as the "State Hospital Authority Act", so as to increase the amount of bonds which the State Hospital Author ity may issue; and for other purposes.

HB 319. By Messrs. Lambros of the 103rd and Sims of the 131st:
A bill to provide for the issuance and use of distinctive flags or distress signals by handicapped or paraplegic drivers of motor vehicles; and for other purposes.

HB 387. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend the Revenue Bond Law (formerly known as the Revenue Certificate Law of 1937), relating to the publication of notice to the public of a hearing to validate revenue bonds; and for other purposes.

HB 388. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend section 87-303 of the Code of Georgia relating to the publication of notice to the public of the hearing to validate general obligation bonds to be issued by a county, municipality or political sub division; and for other purposes.

HB 408. By Messrs. Vaughn, Malone, Palmer and Carley of the 117th:
A bill to amend Code chapter 95-19, relative to grade crossing elimina tion, so as to provide the procedure relative to the installation of auto mobile signalling devices at grade crossings of municipal streets; and for other purposes.

HB 469. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, Harris of the 118th and Steis of the 100th:
A bill to provide that for the purpose of determining income taxes due the State of Georgia, that gross income shall not include compensation received by certain enlisted personnel for active service as a member below the grade of commissioned officer in the Armed Forces of the United States for any years; and for other purposes.

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HB 481. By Messrs. Vaughn of the 117th, Smith of the 54th, Blalock of the 33rd, Ware of the 42nd, Harris of the 118th, Steis of the 100th and Richardson of the 116th:
A bill to amend an act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt the sale of tangible personal property and services to certain private schools from the taxes imposed by said act; and for other purposes.

HR 157. By Messrs. Chandler and Harrington of the 47th: A resolution conveying a certain lot, tract or parcel of land within the 320th Militia District of Baldwin County, Georgia to the Wardens and vestry of St. Stephens Church, Milledgeville, Georgia; and for other purposes.
HR 187. By Messrs. Overby, Williams and Wood of the 16th:
A resolution authorizing the conveyance of certain land owned by the State Highway Department; and for other purposes.

HR 202. By Mr. Gignilliat of the 113th:
A resolution authorizing the conveyance of an easement over, across and through certain real property owned by the State of Georgia in Chatham County; and for other purposes.

HR 203. By Mr. Roach of the 15th:
A resolution repealing two resolutions regarding land in Cherokee County; and for other purposes.

Senator 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 Resolutions of the House and has instructed me as Chairman, to report the same back to the Senate with the following recom mendations :
HB 70. Do Pass, as Amended. HB 129. Do Pass, as Amended. HB 189. Do Pass. HB 190. Do Pass. HB 191. Do Pass.

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517

HB 194. Do Pass. HB 236. Do Pass. HB 331. Do Pass. HB 332. Do Pass. HB 355. Do Pass. HB 365. Do Pass. HB 378. Do Pass. HB 392. Do Pass. HB 393. Do Pass. HB 394. Do Pass. HB 395. Do Pass. HB 411. Do Pass. HB 412. Do Pass. HB 427. Do Pass. HB 432. Do Pass. HB 433. Do Pass. HB 434. Do Pass. HB 435. Do Pass. HB 445. Do Pass. HB 446. Do Pass. HB 447. Do Pass. HB 448. Do Pass. HB 450. Do Pass. HB 451. Do Pass. HB 452. Do Pass. HB 460. Do Pass. HR 139. Do Pass. HR 154. Do Pass. HR 216. Do Pass. HR 217. Do Pass. HR 218. Do Pass.

Respectfully submitted, Downing of 1st District, Chairman.

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JOURNAL OF THE SENATE,

Senator Rowan of the 8th District, Secretary of the Committee on Rules, submitted the following report:

Mr. President:

Your Committee on Rules has had under consideration the following bills and resolutions of the Senate and House, and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:

SB 178. HB 98. HB 252. HR 123. HR 87. SR 49. SR 52.

Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass, by Substitute. Do Pass, by Substitute.

Respectfully submitted,

Rowan of 8th District,

Secretary.

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

SB 57. HB 105. HB 109. HB 127. HB 197.

Do Pass. Do Pass. Do Pass. Do Pass. Do Pass.

Respectfully submitted,

Holloway of 12th District,

Chairman.

Senator Johnson of the 42nd District, Secretary of the Committee on Retire ment, submitted the following report:
Mr. President:
Your Committee on Retirement has had under consideration the following

WEDNESDAY, FEBRUARY 9, 1966

519

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 63. Do Pass, by Substitute. SB 65. Do Pass, by Substitute. HB 134. Do Pass, as Amended.
Respectfully submitted, Johnson of 42nd District, Secretary.

Senator Johnson of the 42nd District, Chairman of the Committee on Bank ing and Finance, submitted the following report:
Mr. President:
Your Committee on Banking and Finance, has had under consideration the following bills of the Senate and House, and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 102. Do Pass. SB 124. Do Pass. HB 47. Do Pass. HB 166. Do Pass. HB 208. Do Pass. HB 226. Do Pass. HB 481. Do Pass.
Respectfully submitted, Johnson of 42nd District, Chairman.
Senator Carter of the 14th District, Secretary of the Committee on Educa tional Matters, submitted the following report:
Mr. President:
Your Committee on Educational Matters has had under consideration the following bills and resolutions of the Senate, and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 144. Do Pass, by Substitute. SB 145. Do Pass, by Substitute. SB 173. Do Pass.

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SB 188. Do Pass. SB 177. Do Not Pass. SR 38. Do Pass.

Respectfully submitted, Carter of 14th District, Secretary.

Senator Jackson of the 16th District, Chairman of the Committee on Business, Trade and Commerce, submitted the following report:
Mr. President:
Your Committee on Business, Trade and Commerce, has had under considera tion the following bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 172. Do Pass. Respectfully submitted, Jackson of 16th District, Chairman.

Senator Gayner of the 5th District, Chairman of the Committee on Economy, Efficiency and Reorganization in Government, submitted the following report:
Mr. President:
Your Committee on Economy, Efficiency and Reorganization in Government 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 recom mendations :
SB 179. Do Pass. Respectfully submitted, Gayner of 5th District, Chairman.

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

HB 252. By Messrs. Rowland of the 48th, Fulford of the 67th, Dailey of the 66th, Overby of the 16th and others:
A bill to amend an act known as the "Statewide Probation Act," so as to change the salary of each member of the State Board of Probation: and for other purposes.

WEDNESDAY, FEBRUARY 9, 1966

521

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

On the passage of the bill, Senator Edenfield of the 4th 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 Coggin Downing Edenfield Eldridge Fincher of 54th Flowers Foster

Gayner Gillis Gregory Hill Kidd Lee Loggins Maclntyre Moore McKenzie Noble

Padgett Pennington Rowan Salome Searcey Smith Spinks Thompson Ward Webb Young

Those voting in the negative were Senators:

Johnson of 42nd Kilpatrick

Tribble

Yancey

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

On the passage of the bill, the ayes were 33, nays 4.

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

SB 59. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd, Lee of the 47th and Flowers of the 10th:
A bill to amend an act relating to credit for service as a member of the General Assembly in local pension systems, approved March 6, 1962 (Ga. Laws 1962, p. 595), so as to provide that the provisions of said act shall not apply to any person employed or elected on or after April 1, 1966; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

522

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.

SB 60. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd, Lee of the 47th and Flowers of the 10th:
A bill to amend an act establishing the State Employee's Retirement System, so as to disallow credit for service as a member of the General Assembly and to change provisions relative to credit for service in the armed forces for future 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 28, nays 3.

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

SB 61. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd, Lee of the 47th and Flowers of the 10th:
A bill to amend an act creating the Sheriff's Retirement Fund of Georgia, so as to change the provisions relative to credit for service in the armed forces for future members; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 2.

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

SB 62. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd, Lee of the 47th and Flowers of the 10th:
A bill to amend an act establishing the Teachers' Retirement System so as to change the provisions relative to credit for service in the armed forces for future members; to provide an effective date; and for other purposes.

WEDNESDAY, FEBRUARY 9, 1966

523

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

On the passage of the bill, Senator Webb of the llth called for the ayes and nays, and the call was svistained.

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 Flowers Foster Gillis Gregory Holloway

Johnson of 42nd Kidd Kilpatrick Lee Maclntyre Minish Moore McGill McKenzie Noble Owens Pennington Plunkett

Rowan Sanders Searcey Smalley Smith Spinks Tribble Ward Webb Wesberry Yancey Young

Those voting in the negative were Senators: Hill, Salome and Thompson.

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

On the passage of the bill, the ayes were 38, nays 3.

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

SB 63. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd, Lee of the 47th and Flowers of the 10th:
A bill to amend an act creating the office of solicitor general emeritus, approved February 17, 1949 (Ga. Laws 1949, p. 780), as amended, so as to change the provisions relative to credit for service in the armed forces; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Committee on Retirement offered the following substitute:
A BILL
To be entitled an act to amend an act creating the office of Solicitor General, Emeritus, approved February 17, 1949 (Ga. Laws 1949, p.

524

JOURNAL OF THE SENATE,

780), as amended, so as to change the provisions relative to credit for service in the armed forces; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the office of Solicitor General, Emeritus, approved February 17, 1949 (Ga. Laws 1949, p. 780), as amended, is hereby amended by adding at the end of Section 9 the following:

"Any other provisions of this or any other law to the contrary notwithstanding, on and after April 1, 1966, no credit for any service in the armed forces as provided for herein shall be granted except in the event a Solicitor General interrupted his service as such Solicitor General to serve in the armed forces during a period provided for in this act and returned to service as Solicitor General within six months after discharge from the armed forces. The preceding sentence shall not apply to any person serving as a Solicitor General prior to April 1, 1966."

Section 2. This act shall become effective April 1, 1966.

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 30, nays 0, and the sub stitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the ayes were 28, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.
SB 64. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd, Lee of the 47th and Flowers of the 10th:
A bill to amend an act providing retirement benefits for the clerks of the superior courts of Georgia, approved February 15, 1952 (Ga. Laws 1952, p. 238), as amended, so as to change the provisions relative to credit for service in the armed forces for future members; to provide an effective date; and for other purposes.

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

WEDNESDAY, FEBRUARY 9, 1966

525

On the passage of the bill, the ayes were 29, nays 3.

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

HB 134. By Messrs. Lane and Nessmith of the 64th, Parker of the 55th, Newton of the 50th and Webb of the 65th:
A bill to amend an act relating to 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.

Senator Plunkett of the 30th moved that HB 134 be recommitted to the Committee on Retirement.
On the motion to recommit, the ayes were 28, nays 0, and the motion pre vailed.
SB 65. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd, Lee of the 47th and Flowers of the 10th:
A bill to amend an act creating the office of judge of the Superior Courts, Emeritus, approved March 9, 1945 (Ga. Laws 1945, p. 362), as amended, so as to disallow credit for service as a member of the General Assembly; to change the provisions relative to credit for service in the armed forces; to provide an effective date; and for other purposes.
The Committee on Retirement offered the following substitute:
A BILL
To be entitled an act to amend an act creating the office of Judge of the Superior Courts, Emeritus, approved March 9, 1945 (Ga. Laws 1945, p. 362), as amended, so as to disallow credit for service as a member of the General Assembly; to change the provisions relative to credit for service in the armed forces; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An act creating the office of Judge of the Superior Courts, Emeritus, approved March 9, 1945 (Ga. Laws 1945, p. 362), as amended, is hereby amended by adding at the end of Section 2 the following:
"Any other provisions of this or any other law to the contrary notwithstanding, on and after April 1, 1966, service as a member of

526

JOURNAL OF THE SENATE,

the General Assembly shall not be allowed in computing the service necessary for appointment as Judge of the Superior Courts, Emeri tus, and no credit for any service in the armed forces as provided for herein shall be granted except in the event a Judge of the Superior Court interrupted his service as such Judge to serve in the armed forces during a period provided for in this act and returned to service as Judge of the Superior Courts within six months after discharge from the armed forces. The preceding sentence shall not apply to any person serving as a Superior Court Judge prior to April 1, 1966."

Section 2. This act shall become effective April 1. 1966.

Section 3. All laws and parts of laws in conflict with this act are hereby repealed.

On the adoption of the substitute, 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 Broun Carter Coggin Dean Downing Edenfield Eldridge
Fincher of 51st Flowers Foster Gillis

Gregory Holloway Jackson Johnson of 42nd Johnson of 38th Kilpatrick Lee Maclntyre Miller
Minish McKenzie Noble Owens

Pennington Plunkett Rowan Salome Sanders Smalley Smith Spinks Tribble
Ward Webb Wesberry Yancey

Voting in the negative was Senator Thompson.
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the substitute, the ayes were 39, 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.

WEDNESDAY, FEBRUARY 9, 1966

527

On the passage of the bill, the ayes were 28, nays 1.

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

SB 66. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd, Lee of the 47th and Flowers of the 10th:
A bill to amend an act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, so as to provide for payment of employer and employee contributions in order to obtain credit for out-of-State teaching service by future mem bers; to provide an effective date; and for other purposes.

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

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

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

SB 102. By Senator Johnson of the 42nd:
A bill to amend Code title 109, relating to the incorporation and organi zation of trust companies, as amended, so as to change the amount of paid-in capital stock required for incorporation and organization of a trust company; and for other purposes.

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

On the passage of the bill, the ayes were 31, nays 0.

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

Senator Johnson of the 42nd asked unanimous consent that SB 102 be im mediately transmitted to the House.

The consent was granted.

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JOURNAL OF THE SENATE,

SB 67. By Senators Webb of the llth, Johnson of the 42nd, Lee of the 47th, and Flowers of the 10th:
A bill to amend an act creating the Peace Officers' Annuity and Benefit Fund, as amended, so as to provide for penalties and interest on funds to be remitted to the Board of Commissioners; to provide when said funds shall be delinquent; and for other purposes.

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

On the passage of the bill, the ayes were 38, nays 0.

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

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

HB 494. By Messrs. Sherman and DeLong of the 105th, Fleming and Simkins of the 106th, Hull and Snellings of the 104th:
A bill to amend an act authorizing the establishment of law libraries in courts in certain counties, so as to authorize an assistant for the official operating such libraries; and for other purposes.

HB 520. By Mr. Lovett of the 60th:
A bill to amend an act creating the city court of Dublin, so as to in crease the compensation of the judge and solicitor of said court; and for other purposes.

HB 562. By Messrs. Gary, Lee and Harrell of the 35th:
A bill to amend an act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to change the compensation of the official court reporter; and for other purposes.

HB 570. By Mr. Clarke of the 45th:
A bill to abolish the present method of compensating the sheriff of Monroe County, known as the fee system; and for other purposes.

WEDNESDAY, FEBRUARY 9, 1966

529

HB 571. By Messrs. Longino of the 122nd, Cox of the 127th, Lea of the 126th, Hawkins of the 139th, Grier of the 132nd and others:
A bill to amend an act establishing a new charter for the City of College Park, relating to the election of the Mayor and Councilmen; and for other purposes.

HB 573. By Mr. Steis of the 100th:
A bill to amend an act placing the Sheriff of Harris County on a salary system in lieu of a fee system, so as to change the maximum amount of compensation which the deputies may be paid, and for other purposes.

HB 574. By Mr. Steis of the 100th:
A bill to amend an act creating the office of tax commissioner of Harris County, so as to change the compensation of the tax commissioner; and for other purposes.

HB 575. By Mr. Steis of the 100th:
A bill to amend an act creating the office of Tax Commissioner of Talbot County; so as to change the compensation for the tax commissioner; and for other purposes.

HB 576. By Mr. Steis of the 100th:
A bill to amend an Act changing the compensation of the members of the Board of County Commissioners of Talbot County, so as to change the compensation of said members, and for other purposes.

HB 577. By Mr. Steis of the 100th:
A bill to amend an act changing the compensation of the Sheriff of Talbot County from the fee system to the salary system; and so as to clarify the provisions relating to the salary and expenses allowance of the Sheriff, and for other purposes.

HB 578. By Mr. Paris of the 23rd:
A bill to implement and effectuate the provisions of the Constitution creating the Barrow County School System and the Board of Education, so as to provide for the members of said Board; and for other purposes.

HB 632. By Mr. Jordan of the 78th:
A bill to abolish the present method of compensating the sheriff of Clay County, known as the fee system; and for other purposes.

530

JOURNAL OP THE SENATE,

HB 633. By Mr. Jordan of the 78th:
A bill to abolish the present method of compensating the sheriff of Baker County, known as the fee system; and for other purposes.

HB 634. By Mr. Jordan of the 78th:
A bill to amend an act abolishing the fee system for the Sheriff of Calhoun County and providing in lieu thereof an annual salary, so as to change the compensation of the sheriff; and for other purposes.

HB 635. By Mr. Jordan of the 78th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Baker County, so as to change the compensation of the chairman and the other members of said Board; and for other purposes.

HB 636. By Mr. Jordan of the 78th:
A bill to amend an act creating a new charter for the City of Arlington, so as to change the hours which the polls shall be open on election days; and for other purposes.

The following bills were introduced, read the first time, and referred to committees:
HB 520. By Mr. Lovett of the 60th: A bill to amend an act creating the City Court of Dublin, so as to increase the compensation of the judge and solicitor of said court; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 494. By Messrs. Sherman and DeLong of the 105th, Fleming and Simkins of the 106th, Hull and Snellings of the 104th:
A bill to amend an act authorizing and establishing of law libraries in courts in certain counties, so as to authorize an assistant for the official operating such libraries; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 562. By Messrs. Gary, Lee and Harrell of the 35th:
A bill to amend an act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to change the compensation of the official court reporter; and for other purposes.
Referred to Committee on County and Municipal Governments.

WEDNESDAY, FEBRUARY 9, 1966

531

HB 570. By Mr. Clarke of the 45th:
A bill to abolish the present method of compensating the sheriff of Monroe County, known as the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 571. By Messrs. Longino of the 122nd, Cox of the 127th, Lea of the 126th, Hawkins of the 139th, Grier of the 132nd and others:
A bill to amend an act establishing a new charter for the City of College Park, relating to the election of the mayor and councilmen; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 573. By Mr. Steis of the 100th:
A bill to amend an act placing the sheriff of Harris County on a salary system in lieu of a fee system, so as to change the maximum amount of compensation which the deputies may be paid; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 574. By Mr. Steis of the 100th: A bill to amend an act creating the office of the commissioner of Harris County, so as to change the compensation of the tax commis sioner; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 575. By Mr. Steis of the 100th: A bill to amend an act creating the office of tax commissioner of Talbot County, so as to change the compensation for the tax com missioner; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 576. By Mr. Steis of the 100th:
A bill to amend an act changing the compensation of the members of the Board of County Commissioners of Talbot County, so as to change the compensation of said members; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 577. By Mr. Steis of the 100th:
A bill to amend an act changing the compensation of the sheriff of Talbot County from the fee system to the salary system so as to clarify

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JOURNAL OF THE SENATE,

the provisions relating to the salary and expense allowance of the sheriff; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 578. By Mr. Paris of the 23rd:
A bill to implement and effectuate the provisions of the Constitution creating the Barrow County School System and the Board of Education, so as to provide for the members of said Board; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 632. By Mr. Jordan of the 78th:
A bill to abolish the present method 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 633. By Mr. Jordan of the 78th:
A bill to abolish the present method of compensating the sheriff of Baker County, known as the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 634. By Mr. Jordan of the 78th:
A bill to amend an act abolishing the fee system for the sheriff of Calhoun County and providing in lieu thereof an annual salary, so as to change the compensation of the sheriff; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 635. By Mr. Jordan of the 78th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Baker County, so as to change the compensation of the chairman and the other members of said Board; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 636. By Mr. Jordan of the 78th:
A bill to amend an act creating a new charter for the City of Arlington, so as to change the hours which the polls shall be open on election days; and for other purposes.
Referred to Committee on County and Municipal Governments.

WEDNESDAY, FEBRUARY 9, 1966

533

HB 137. By Mr. Overby of the 16th:
A bill to amend an act approved March 29, 1937, known as the "Un employment Compensation Law" by modifying the benefit tables to provide increased weekly benefit amount and the qualifications and eligibility for benefits; and for other purposes.

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

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

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

SB 124. By Senator Johnson of the 42nd:
A bill to amend an act requiring banks and other entities doing a trust business to secure uninvested trust funds, approved March 26, 1935 (Ga. Laws 1935, p. 484), as amended, so as to provide that such uninvested trust funds may be secured by additional obligations; and for other purposes.

The report 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 Johnson of the 42nd asked unanimous consent that SB 124 be im mediately transmitted to the House.

The consent was granted.

HB 122. By Messrs. Brinkley and Jones of the 112th:
A bill to amend an act providing that no judgment, decree or order of any court shall affect the title to real property until said judgment, decree or order is recorded, so as to provide that the provisions of this act shall also apply to writs handed down pursuant to any such judg ment; and for other purposes.

Senator Edenfield of the 4th asked unanimous consent that HB 122 be post poned to February 14, 1966.

The consent was granted.

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SB 166. By Senators Edenfield of the 4th, Kilpatrick of the 44th, McKenzie of the 17th, Bateman of the 27th, Loggins of the 53rd and others:
A bill to amend an act relating to the punishment of any person who shall desecrate the burial place of any human body, as amended, so as to provide life imprisonment in lieu of the death penalty; and for other purposes.

The Committee on Judiciary offered the following amendment:
Amend SB 166 by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"Section 1. An act relating to the punishment of any person who shall desecrate the burial place of any human body, approved February 24, 1941 (Ga. Laws 1941, p. 425), as amended, by an act approved April 9, 1963 (Ga. Laws 1963, p. 390), is hereby amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
'Section 1. Any person who shall desecrate the burial place of any human body with intend to rob, steal, mutilate, or maliciously molest the remains of the human body interred therein shall be punished by life imprisonment, unless the conviction is founded solely upon circumstantial evidence, in which event, the punish ment shall be imprisonment in the penitentiary for not less than one nor more than twenty years, or by a fine not to exceed $10,000.00, or both, to be determined by the judge, but in all cases the jury may fix the punishment by imprisonment in the penitentiary for not less than one nor more than twenty years.' "

On the adoption of the amendment, the ayes were 40, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
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 40. By Senator Holloway of the 12th:
A bill to amend Code chapter 27-25, relating to criminal sentences, as amended, so as to provide that in all jury trials, the jury shall only make a determination as to the guilt of the defendant; to provide that upon a finding of guilt, the judge shall then impose sentence just as if it were a non-jury trial; and for other purposes.

WEDNESDAY, FEBRUARY 9, 1966

535

The Committee on Judiciary offered the following substitute:

A BILL

To be entitled an Act To amend Code Sections 27-2501 and 27-2502, as amended, relating to punishment and sentencing in criminal cases; to revise procedures with respect thereto in both jury and non-jury cases; more particularly, to provide for pre-sentence hearings and the imposition of the death penalty only upon recommendation of the jury; to redefine reducible felonies and revise procedures relative thereto; to amend Code Section 26-1005, relative to punishment for murder; to revise and consolidate certain code sections and Acts of the General Assembly, relative to punishment and sentencing in criminal cases; to provide for the construction and interpretation of existing Code sections and Acts of the General Assembly, relative to punishment and sentencing in capital cases; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 27-2501, as amended, relating to punish ment and sentencing in certain criminal cases, is hereby amended by striking said Code Section in its entirety and substituting in lieu thereof a new Code Section 27-2501 to read as follows:

"27-2501. Sentencing generally; non-jury cases.

(a) In any criminal action in which the defendant has entered a plea of guilty or a plea of nolo contendere or has waived a jury trial, and the judge has accepted such plea, or, consenting to such waiver, has tried and found the defendant guilty, the defendant shall stand con victed, or stand as if convicted, of the crime involved, and the judge shall sentence the defendant to the punishment prescribed by law for such crime subject to the following procedures and limitations.

(b) In such a case, on the motion of the solicitor, or of the defendant, or his counsel, or on the judge's own motion, the judge shall, when the case is called in open court, or prior thereto if both the solicitor and the defendant or his counsel have had reasonable notice thereof, order a pre-sentence hearing. Such hearing shall be in open court. In such hearing the judge, subject to the law of evidence relating to competency of witnesses and admissibility of testimony which pre vails in this State, shall hear and receive such additional evidence as may be relevant to the determination of the punishment to be imposed, including matters in extenuation and mitigation as well as aggravation of punishment and including the record of any prior criminal convictions, pleas of guilty or nolo contendere of any defendant, properly certified or authenticated, or the absence of any such prior criminal record. Also in such hearing, the judge shall hear argument of the solicitor and of the defendant or his counsel, on the question of the punishment to be im posed. Upon the conclusion of the evidence and argument the judge shall determine such punishment and impose such sentence as he deems appropriate subject to the following limitations.

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(c) In such a case the judge shall not sentence a defendant to death, but the maximum punishment shall be imprisonment for life.
(d) In such as case, when imposing a sentence other than life imprisonment, the judge shall sentence a defendant convicted of a felony to imprisonment for a specified period of time within the minimum and maximum terms prescribed by law as punishment for the crime of which the defendant stands convicted or of which he stands as if convicted.
(e) In such a case, when the defendant stands convicted, or stands as if convicted, of a reducible felony, the judge may sentence the defendant as for a misdemeanor as prescribed in Code Section 27-2506.

(f) In such a case, when the crime of which the defendant stands convicted, or stands as if convicted, is a misdemeanor, the judge shall sentence the defendant as prescribed in Code Section 27-2506.

(g) In any criminal case, when the judge imposes a sentence for a felony conviction, he may, in his discretion, suspend or probate the sentence on such terms and conditions as he may prescribe. The judge may revoke the suspension or probation when the defendant has violated any term or condition prescribed by the judge. The judge shall not suspend, probate, modify or change a sentence after the term of court at which the sentence was imposed."

Section 2. Code Section 27-2502, as amended, relating to sentencing in certain criminal cases, is hereby amended by striking said Code Sec tion in its entirely and substituting in lieu thereof a new Code Section 27-2502, to read as follows:

"27-2502. Sentencing in jury cases.

(a) When the crime of which the defendant is found guilty by the jury is a misdemeanor, the jury shall not determine the punishment, but upon the return of the jury verdict the judge shall sentence the defendant as prescribed in Code Section 27-2506.

(b) When the crime of which the defendant is found guilty by the jury is one for which the death penalty may be imposed, the defen dant shall not be sentenced to death unless the jury verdict includes a recommendation that such sentence be imposed. When such recom mendation is made by the jury the judge shall sentence the defendant to death except the judge may rule that the conviction is founded solely on circumstantial evidence and may sentence the defendant to life imprisonment. When a death sentence is not recommended by the jury, the judge shall impose a sentence of life imprisonment unless a lesser punishment is prescribed in the return of the jury as hereinafter provided. When a defendant convicted of a crime for which the death penalty may be imposed had not reached his seventeenth birthday at the time he committed the crime, the maximum punishment shall be life imprisonment.

WEDNESDAY, FEBRUARY 9, 1966

537

(c) In any criminal action other than those to which Code Sec tion 27-2501 is applicable, or those in which the jury may have found the defendant guilty and recommended the death penalty or specified that the defendant be punished by life imprisonment, the jury, upon finding the defendant guilty, shall proceed with the determination of the punishment to be imposed according to any one of the following procedures:
(1) The jury may return its verdict of guilty to the court and prescribe therein, without further pre-sentence proceedings, a specified period of time within the minimum and maximum terms prescribed by law as punishment for the crime of which the de fendant stands convicted. Thereupon, the judge shall sentence the defendant in accordance with the return of the jury.
(2) The jury may return its verdict of guilty to the court and request the court to resume the trial and hold a pre-sentence hearing. Thereupon the court shall resume the trial and hold a pre-sentence hearing at which the only issue shall be the determination of the punishment to be imposed. Such hearing shall be in open court. In such hearing the judge shall allow the jury, subject to the law of evidence relating to the competency of wit nesses and admissibility of testimony which prevails in this State, to hear and receive such additional evidence as may be relevant to the determination of the punishment to be imposed, including mat ters in extenuation and mitigation as well as aggravation of punishment and including the record of any prior criminal con victions, pleas of guilty or nolo contendere of the defendant, prop erly certified or authenticated, or the absence of any such prior criminal record. Also in such hearing, the judge shall allow argu ment of the solicitor and of the defendant, or his counsel, on the question of the punishment to be imposed. Upon the conclusion of the evidence and arguments the judge shall give the jury appropriate instructions and the jury shall retire to determine the punishment to be imposed. If the jury agrees on the punishment to be imposed, it shall make a return thereof in open court and the matter shall proceed as contemplated in subsection (1) hereof. If the jury can not, within a reasonable time, agree on the punishment, the judge shall declare a mistrial; in this event both the trial of the defendant on the issue of guilt or innocence and the pre-sentence hearing shall be a nullity except as hereinafter provided.
(3) At any time during a pre-sentence hearing under sub section (2) up until the time of the jury's return in open court, the defendant may move to suspend the pre-sentence hearing in progress before the jury under subsection (2) and request the judge to determine the punishment to be imposed. Also, should the judge, with respect to the pre-sentence hearing, declare a mistrial, the defendant may forthwith request the judge to determine the punish- ment to be imposed. In either event, the judge may dismiss the jury and proceed to determine the punishment to be imposed as if the matter had been proceeding under Code Section 27-2501. In so doing he may resume or reopen the pre-sentence hearing.
(4) The jury may return its verdict of guilty to the court and, if the conviction is of a reducible felony, it may, with or without

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a pre-sentence hearing as provided in subsection (2) hereof, pre scribe in its return that the defendant be punished as for a misde meanor. In this event, the judge shall sentence the defendant in accordance with Code Section 27-2506.

(5) In the trial of a case before a jury on the issue of a defendant's guilt or innocence, neither the solicitor, nor the de fendant, nor his counsel shall refer to, comment on, or argue for or against, any of the aforesaid procedures, but the jury shall be informed about them solely by the judge in his instructions to the jury."
Section 3. There is hereby enacted a new Code Section 27-2503 to read follows:
"27-2503. Reducible felonies. All felonies punishable by im prisonment for a maximum term of twenty years or less are reducible felonies."
Section 4. Code Section 26-1005, relating to punishment and sentenc ing for murder, is hereby amended by striking said Code Section in its entirety and substituting in lieu thereof a new Code Section 26-1005, to read as follows:
"26-1005. Punishment for murder. The punishment for persons convicted of murder shall be life imprisonment but may be death when recommended by the jury as provided in Code Section 272502 (b)."
Section 5. Code Section 27-2302, relating to recommendations to mercy in capital cases other than homicide, is hereby repealed.

Section 6. It is the intent of the General Assembly that the fol lowing Acts of the General Assembly, all of which relate to the matters included in Sections 1, 2 and 3 hereof, are revised or consolidated there by and therefore are superseded or repealed thereby: the Act approved March 24, 1939 (Ga. Laws 1939, pp. 285-287); the Act approved March 18, 1964 (Ga. Laws 1964, pp. 483-485); and the act approved March 14, 1963 (Ga. Laws 1963, pp. 122-123) ; the repeal of the foregoing Acts shall not operate to revive any code sections or other Acts repealed therein.
Section 7. The following code sections and Acts of the General Assembly, relating to the crimes indicated, shall be construed to refer to Code Section 26-1005 as set forth in Section 4 hereof and otherwise shall be construed in such a way as to give effect to Code Section 26-1005 and Code Section 27-2502 (b), as herein set forth:
Code Section 26-801 relating to Treason
Code Section 26-903 relating to Insurrection
Code Section 26-1208 relating to Castration
Code Section 26-1302 relating to Rape
Code Section 26-1603 relating to Kidnapping for ransom
Code Section 26-2204 relating to Burning railroad bridge

WEDNESDAY, FEBRUARY 9, 1966

539

Code Section 26-2206 relating to Arson causing death Code Section 26-2208 relating to Arson causing death Code Section 26-2209 relating to Arson causing death Code Section 26-2210 relating to Arson causing death Code Section 26-2211 relating to Arson causing death Code Section 26-2301 relating to Explosion causing death Code Section 26-2302 relating to Explosion causing death Code Section 26-2303 relating to Explosion causing death Code Section 26-2502 relating to Robbery by force Code Section 26-5203 relating to Duel causing death

The Act approved February 24, 1941 (Ga. Laws 1941, p. 425) relating to the desecration of burial grounds; Section 21 of the Act approved March 24, 1935 (Ga. Laws 1935, pp. 418-438), as amended, relating to the sale of narcotics; and an Act approved March 27, 1941 (Ga. Laws 1941, p. 448), relating to snake handling causing death.

Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

Section 9. This Act shall be effective as to all criminal cases called for trial on and after June 1, 1966, except that when the act alleged to constitutes the crime of which a defendant is charged occurred prior to that date, the defendant may elect in writing upon arraignment not to come under this Act. Any defendant arraigned after the passage of this Act and its approval by the Governor and prior to June 1, 1966, may request the judge before whom he is arraigned to come under this Act and the judge may allow the case to proceed accordingly.

Senator Gayner of the 5th offered the following amendment to the Com mittee substitute:
Amend Committee substitute to SB 40 by adding in section 2, sub section (5) of sub-paragraph (c) of Code section 27-2502 the following: "Provided, however, that in instructing the jury on the question of guilt or innocence, and on the alternatives hereinabove provided for sentencing, no mention shall be made of or reference had to a record or records of prior convictions."

On the adoption of the amendment, the ayes were 44, nays 0, and the amendment was adopted.
On the adoption of the substitute as amended, the ayes were 41, nays 3, and the substitute was adopted as amended.

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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 42, nays 3.

The bill, having received the requisite constitutional majority, was passed by substitute as amended.
Senator Johnson of the 42nd asked unanimous consent that SB 40 be immediately transmitted to the House.

The consent was granted.

SB 130. By Senators Thompson of the 38th, Wesberry of the 37th, Ward of the 39th and others:
A bill to amend Code chapter 92-63, relating to the compilation of tax returns and the preparation of tax digests by the tax receivers, so as to delete therefrom the requirement that the names of colored tax payers be compiled separately on the tax digest and that a report be submitted to the State Revenue Commissioner of the amount of taxes returned by colored taxpayers; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 1.

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

SB 178. By Senators Gillis of the 20th, Gayner of the 5th, Dean of the 6th and others: A bill to amend Code section 34-1006, relating to the qualifications of candidates in primaries, so as to provide the time for qualifying; and for other purposes.
The report 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 1.

WEDNESDAY, FEBRUARY 9, 1966

541

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

Senator Bateman of the 27th asked unanimous consent that he be recorded as voting no.
The consent was granted.

SR 29. By Senators Broun of the 46th, Plunkett of the 30th, Carter of the 14th, and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide a method for electing members of the State Board of Education; to pro vide that the State School Superintendent shall be appointed by the State Board of Education; to provide the procedure connected there with; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII of the Constitution, relating to educational matters, is hereby amended by striking Sections II and III in their entirety and substituting in lieu thereof new Sections II and III to read as follows:
"SECTION II.
"Paragraph I. State Board of Education, method of election. There shall be a State Board of Education composed of one mem ber from each congressional district in the State who shall be elected by those members of the General Assembly from each congressional district, meeting in caucus at the State Capitol as provided for here inafter. If any senatorial or representative district shall lie in more than one congressional district, the members of the General Assembly therefrom shall be entitled to cast their votes in elections for members of the State Board of Education for all candidates from all of the congressional districts within which their districts lie. Said elections shall be conducted within the first 15 days of the regular session of the General Assembly convening in each year. The first such election shall be conducted at the regular session of the General Assembly in 1970. Members of the State Board of Education so elected shall take office on the first day of March following their election. The present members of the State Board of Education in office at the time of ratification of this amendment shall continue to serve in office until March 1, 1970, at which time the new members of the State Board of Education, elected in the manner hereinbefore provided, shall take office and succeed to all of the rights, duties and liabilities of the former State Board of Education. The first members of the State Board of Education

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elected under the provisions of this amendment shall serve for a term of office as follows: That member from Congressional District No. 1 - one year; that member from Congressional District No. 3 2 - two years; that member from Congressional District No. 3 three years; that member from Congressional District No. 4 - four years; that member from Congressional District No. 5 - five years; and that member from Congressional District No. 6 - six years. All other members shall serve for a term of office of seven years and until their successors are duly elected and qualified. Thereafter, successors elected to the initial members of the State Board of Education shall be elected for and serve a term of office of seven years and until their sucessors are duly elected and qualified. Vacancies occurring on the Board shall be filled by the Governor by appointing a successor from the congressional district in which such vacancy occurs to serve until the n?xt regular session of the General Assembly, at which time a successor shall be elected in the manner set forth above to serve out the unexpired term of office in which such vacancy has occurred. The members of the State Board of Education shall be citizens of this State who shall have resided in Georgia continuously for at least five years preceding the date on which they take office. No person employed in a professional capacity by a private or public educational institution, or by the State Department of Education, shall be eligible to serve on said Board. No person who is or has been connected with or employed by a school book publishing concern shall be eligible to membership on the Board, and if any person shall be so connected or employed after becoming a member of the Board, his place shall immediately become vacant. The said State Board of Education shall have such powers and duties as provided by law and existing at the time of the adoption of this amendment, together with such further powers and duties as may be hereafter provided by law.

SECTION III.
"Paragraph I. State School Superintendent; appointment. There shall be a State School Superintendent who shall be the executive officer of the State Board of Education. The State School Super intendent shall have such qualifications and shall receive such compensation as shall be fixed by the State Board of Education. The State School Superintendent shall be appointed by the State Board of Education and shall serve at the pleasure of the Board; provided, however, the State School Superintendent who is elected at the General Election in November, 1966 shall serve until the expiration of his term, at which time his successor, who has been appointed by the State Board of Education as provided herein, shall take office. The provisions of Article V, Section II, Paragraphs I, II and IV, as they relate to the election, salary, and qualifications of the State School Superintendent, shall no longer be applicable to such Superintendent insofar as they conflict with the provisions of this Paragraph. No member of said Board shall be eligible for appoint ment as State School Superintendent during the time for which he has been elected to the State Board of Education."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of ths members elected to each

WEDNESDAY, FEBRUARY 9, 1966

543

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 provide for the election of the State Board of Education by
NO ( ) the General Assembly, and the appointment of the State School Superintendent by the State Board of Education?"

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 returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The Committee on Educational Matters offered the following substitute:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of the members of the State Board of Education by the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT ENACTED BY THE GENERAL AS&EMBLY OF GEORGIA:
Section 1. Article VIII of the Constitution, relating to educational matters, is hereby amended by striking Section II in its entirety and substituting in lieu thereof a new Section II to read as follows:
"SECTION II.
"Paragraph I. State Board of Education, method of election. There shall be a State Board of Education composed of one member from each congressional district in the State. The members of the State Board of Education in office at the time of ratification of this amendment shall continue to serve in office until March 1 immediately following the expiration of their respective terms of

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office. Thereafter the successor of any such member shall be elected by those members of the General Assembly from the congressional district from which such member was initially appointed meeting in caucus at the State Capitol as provided for hereinafter. If any senatorial or representative district shall lie in more than one congressional district, the members of the General Assembly there from shall be entitled to cast their votes in elections for members of the State Board of Education for all candidates from all of the congressional districts within which their districts lie. Said election shall be conducted within fifteen (15) days after the convening of the regular session of the General Assembly immediately preceding the expiration of the term of any such member. The members elected to succeed the members of the State Board of Education, as herein provided, shall be elected for and shall serve a term of office of seven years and until their successors are duly elected and quali fied, and shall take office on March 1 immediately following their election. Vacancies occurring on the Board shall be filled by the Governor by appointing a successor from the congressional district in which such vacancy occurs to serve until the next regular session of the General Assembly, at which time a successor shall be elected in the manner set forth above to serve out the unexpired term of office in which such vacancy has occurred. The members of the State Board of Education shall be citizens of this State who shall have resided in Georgia continuously for at least five years preced ing the date on which they take office. No person employed in a professional capacity by a private or public educational institution, or by the State Department of Education, shall be eligible to serve on said Board. No person who is or has been connected with or employed by a school book publishing concern shall be eligible to membership on the Board, and if any person shall be so connected or employed after becoming a member of the Board, his place shall immediately become vacant. The said State Board of Education shall have such powers and duties as provided by law and existing at the time of the adoption of this amendment, together with such further powers and duties as may be hereafter provided by law."

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

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

"YES ( ) Shall the Constitution be amended so as to provide for the election of the members of the State Board of
NO ( ) Education by the General Assembly?"

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".

WEDNESDAY, FEBRUARY 9, 1966

545

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

Senator Miller of the 43rd offered the following amendment to the substitute:
Amend Committee substitute by striking in line five of Paragraph I Section II the word "from" and substituting in lieu thereof the follow ing: "that reside in"

On the adoption of the amendment to the substitute, the ayes were 29, nays 1, and the amendment was adopted.

On the adoption of the substitute as amended, the ayes were 40, nays 2, and the substitute was adopted as amended.

The report of the committee, which was favorable to the adoption of the resolution by substitute, 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 Coggin Dean Downing Edenfield Eldridge Fincher of 51st Foster Gillis Gregory

Hall Hill Holloway Johnson of 38th Kilpatrick Lee Loggins Maclntyre Minish Moore McGill McKenzie Noble Owens

Padgett Pennington Plunkett Rowan Sanders Smalley Smith Thompson Tribble Ward Webb Yancey Young

Those voting in the negative were Senators:

Flowers Johnson of 42nd

Kendrick Miller

Searcey Wesberry

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

On the adoption of the resolution, the ayes were 41, nays 6.

The resolution, having: received the requisite two-thirds constitutional ma jority, was adopted by substitute as amended.

Senator Holloway of the 12th gave notice that at the proper time he would move that the Senate reconsider its action on SR 29.

SB 159. By Senator Dean of the 6th:
A bill to declare that the practice of nudism or the participation in the practice of nudism in any manner whatsoever shall be against the public policy of the State of Georgia; to provide definitions of nudism; and for other purposes.

Senator Ballew of the 50th offered the following substitute:
A BILL TO BE ENTITLED
An Act to amend Code Section 26-6101 relating to lewdness and public indecency so as to provide that any person guilty of open lewdness or any notorious act of indecency tending to debauch the morals shall be guilty of a misdemeanor; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 26-6101 relating to lewdness and public in decency is hereby amended by striking said Section in its entirety and substituting in lieu thereof a new Code Section 26-6101 to read as fol lows:
"26-6101. Lewdness and Indecency. Any person who shall be guilty of open lewdness or any notorious act of indecency tending to debauch the morals shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as for a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the ayes were 38, nays 9, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to by substitute.

WEDNESDAY, FEBRUARY 9, 1966

547

On the passage of the bill, the ayes were 40, nays 2.

The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Padgett of the 23rd asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Judiciary and recommitted to the Committee on County and Municipal Governments:

SB 157. By Senators Padgett of the 23rd and Holly of the 22nd:
A bill to provide that in all counties of this State having a certain population the senior judge of the superior court of said counties shall be authorized and empowered to appoint a jury clerk to serve at the pleasure of said judge; and for other purposes.

The consent was granted.

SR 12. By Senator Miller of the 43rd:
A resolution proposing an amendment to the Constitution so as to provide for a homestead exemption for disabled persons who are living on a fixed income; and for other purposes.

Senator Miller of the 43rd offered the following substitute:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for increased homestead exemption for disabled persons who are living on a fixed income and persons 65 years of age or over; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution, relating to exemptions from taxation, is hereby amended by adding at the end thereof a new paragraph, to read as follows:
"Each person who is physically disabled and who is living on a fixed income and each person who is 65 years of age or over is hereby granted an exemption of $4,000.00 on his homestead which he owns and which he actually occupies as a residence, such ex emption being from all State and county ad valorem taxes. The

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value of the residence in excess of the above exempted amount shall remain subject to taxation. No owner living on a fixed income shall not be entitled to receive the benefits of such increased homestead exemption unless he shall file with the tax commissioner or tax receiver of the county in which he resides an affidavit from a physician licensed to practice medicine in the State of Georgia stating that such person is physically disabled and unable to earn a livelihood and an affidavit giving the source and amount of income which he receives and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax commissioner or tax receiver shall provide affidavit forms for this purpose. Fixed income shall mean any income, other than social security, derived by any such person, which is not subject to change, including but not limited to disability pension or insurance benefits. No owner 65 years of age or over shall be entitled to receive the benefits of such increased homestead exemption unless he shall file with the
tax commissioner or tax receiver of the county in which he resides documentary evidence of proof of age in the form of a birth certifi cate, baptismal certificate or driver's license. However, no such owner shall be required to file such documentary evidence with the tax commissioner or tax receiver more than once unless he shall change his residence. The increased exemption provided for herein shall apply to all taxable years beginning after December 1, 1966."

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

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

"YES ( ) Shall the Constitution be amended so as to provide for increased homestead exemption for disable persons
NO ( ) who are living on a fixed income and for increased homestead exemption for persons 65 years of age or over?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying 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.

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549

On the adoption of the substitute, the president called for the ayes and nays.

A roll call was called and the vote was as follows:

Those voting in the affirmative were Senators:

Bateman Foster Gillis Gregory

Hall Loggins Miller McGill

Pennington Spinks Young

Those voting in the negative were Senators:

Carter Downing Edenfield Fincher of 51st Fincher, of 54th Flowers Gayner Hill Holley

Holloway Johnson of 42nd Kilpatrick Lee Maclntyre Moore McKenzie Noble Owens

Rowan Sanders Searcey Smalley Thompson Tribble Ward Webb Wesberry

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

On the adoption of the substitute, the ayes were 11, nays 27, and the substitute was lost.
Senator Miller of the 43rd asked unanimous consent that SR 12 be post poned to February 10, 1966.
The consent was granted.
Senator Hill of the 29th, Chairman of the Committee on Senate Administra tive 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 56. SB 59.

550
SB 60. SB 61. SB 62. SB 63. SB 64. SB 65. SB 66. SB 67. SB 76. SB 83. SB 97. SB 102. SB 109. SB 126. SB 133. SB 138. SB 139. SB 164. SB 187.

JOURNAL OF THE SENATE,
Respectfully submitted, Hill of the 29th District, Chairman.

SB 182. By Senators Plunkett of the 30th, Coggin of the 35th and Broun of the 46th:
A bill to provide for a method, in addition to existing methods, for the annexation of contiguous territory to incorporated municipalities upon the application of not less than 60% of the owners representing at least 60% of the land area included in such application; and for other pur poses.

Senator Hall of the 52nd moved that the Senate reconsider its action of yesterday in adopting the amendment to SB 182.

On the motion, the ayes were 28, nays 0, and the motion prevailed.

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.

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561

Senate Chamber, Atlanta, Georgia, Thursday, February 10, 1966.

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 Monsignor John D. Toomey, pastor, St. James Church, Savannah, Georgia.

Prayer was offered by Dr. E. Eager Woods, Jr., pastor, Church of the Atonement, Atlanta, 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 Gregory 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 Holloway of the 12th moved that the Senate reconsider its action of yesterday on the following resolution of the House:

HR 29. By Senators Broun of the 46th, Plunkett of the 30th, Carter of the 14th, Hall of the 52nd and Lee of the 47th:
A resolution proposing an amendment to the Constitution so as to provide a method for electing members of the State Board of Education; to provide that the State Superintendent shall be appointed by the State Board of Education; to provide the procedure connected there with; and for other purposes.

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On the motion to reconsider, the ayes were 35, nays 0, and the motion prevailed.

Senator Hill of the 29th reported that the journal of yesterday's proceedings had been read and found correct.

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

Senator 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 of the House to-wit:

HB 167. By Mr. McClatchey of the 138th:
A bill to provide that any petit juror drawn, selected and summoned for service in the Superior Court of any county wherein are located any courts having countywide jurisdiction concurrent with the Superior Court of this State, shall be legally competent and qualified to serve as a juror in such other courts under certain conditions; and for other purposes.

HB 290. By Messrs. Minge, Lowrey and Starnes of the 13th:
A bill to amend an act relating to the judges of the superior courts, providing that any judge may request any judge emeritus to serve and preside in the superior court of any county in the judicial circuit of judge making said request; and for other purposes.

THURSDAY, FEBRUARY 10, 1966

553

HB 302. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th and Harris of the 118th:
A bill to amend Section 92-1403 relatin gto the "Motor Fuel Tax Law", so as to provide for the levy of the tax on motor fuel, kerosene and fuels not commonly measured by the gallon; and for other purposes.

HB 321. By Messrs. Chandler and Harrington of the 47th, Parts of the 23rd, Rainey of the 69th, and Brown of the 19th:
A bill to amend an act providing for payment of the cost of care of persons admitted to state institutions coming under the control of the State Board of Health or Department of Public Health, so as to delete certain definitions; and for other purposes.

HB 439. By Messrs. Harris, Farrar, Levitas and Walling of the 118th, Palmer, Carley, Malone and Vaughn of the 117th, Bean, Westlake, Evensen and Higginbotham of the 119th:
A bill to amend Code Chapter 113-10, relating to distribution, advance ments, and years' support, notice of the filing must be given to the tax commissioner or tax collector of any county in which property sought to be set aside is located, if property in another county; and for other purposes.

HB 551. By Mr. Busbee of the 79th:
A bill to provide for family planning services; to provide that the State Department of Health, county departments of health, health districts, the State Department of Family and Children Services, county depart ments of family and children services and district departments of family and children services shall provide family planning services; and for other purposes.
HB 443. By Messrs. Wiggins of the 32nd, Gary of the 35th and Malone of the 117th:
A bill to amend an act providing the procedure for extending social security coverage to the employees of the State of Georgia, so as to provide that "political subdivision" shall include the Georgia Municipal Association for the purposes of this Act; and for other purposes.

HB 283. By Mr. Pickard of the 112th:
A bill to amend Code Section 34-1006, relating to qualification of candidates, so as to provide that if a person qualifies for party nomina tion and no other person qualifies against him by the end of the qualify ing period, such person shall be declared the nominee of the party with out the necessity of keeping the polls open in the district; and for other purposes.

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HB 110. By Messrs. Bean of the 119th, Lee and Busbee of the 79th, and Harris of the 118th:
A bill to amend Code Chapter 23-11 relating to the office of county surveyor, so as to provide certain qualifications for the position of county surveyor; and for other purposes.

HB 468. By Mr. Conger of the 89th:
A bill to repeal Code Section 92-7002 providing that it shall be the duty of the State Revenue Commissioner to examine the tax digests of the several counties; to amend Code Chapter 92-70 providing the duties of the State Revenue Commissioner relative to the tax digest of the several counties; so as to provide that beginning March 1, 1968 it shall be the duty of the State Revenue Commissioner to examine the tax digests of the several counties; and for other purposes.

HB 303. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th and Harris of the 118th:
A bill to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to remove as one of the requirements for an exemption of the tax on machinery used in the manufacture of tangible personal property in certain plants that the installation of such machinery must result in a substantial increase in the employment of the plant; and for other purposes.

HB 346. By Mr. Wilson of the 109th:
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 a personal exemption of $1200 for each dependent of the taxpayer's net income if such dependent attends a school for the physically handicapped; and for other purposes.

HB 292. By Messrs. Newton of the 94th, Irvin of the llth, Farrar of the 118th. Jones of the 112th, Story of the 22nd, Barber of the 24th, Blair of the 68th, Smith of the 54th and others:
A bill to amend an act known as the "Minimum Foundation Program of Education Act", so as to change the minimum sum in determining the funds needed by local units of administration for maintenance, operation and sick leave expenses not otherwise provided in said Act; and for other purposes.
HB 572. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th, and Harris of the 118th:
A bill to provide salaries for the solicitors general of the Superior Courts; and for other purposes.

THURSDAY, FEBRUARY 10, 1966

555

The House has agreed to the Senate amendment to the following' bill of the House to-wit:

HB 73. By Mr. Spillers of the 37th:
A bill to amend an act granting a new charter to the City of Covington, so as to clarify certain provisions therein; and for other purposes.

The House has passed by the requisite constitutional majority the following bill of the Senate to-wit:
SB 110. By Senator Smith of the 18th: A bill to amend an act creating A Board of County Commissioners for the County of Houston ,as amended, so as to provide that Posts Num bered Four and Five shall be separate from each other, and subject to same voting requirements as Posts Numbered 1, 2 and 3; and for other purposes.
HR 78. By Mr. Williams of the 82nd: A resolution authorizing the conveyance of certain tracts of state-owned property to the City of Douglas; and for other purposes.

HR 282. By Mr. Jones of the 112th:
A resolution proposing an amendment to the Constitution so as to au thorize any agency, board, department or other unit of the State govern ment which may be the recipient of Federal funds to administer such funds, pursuant to the terms of the grant of such funds; and for other purposes.
The following bills and resolutions were introduced, read the first time, and referred to committees:
SB 202. By Senator Minish of the 48th:
A bill to abolish the present mode of compensating the sheriff of Jackson County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 206. By Senator Minish of the 48th:
A bill to amend an Act creating the Board of Commissioners of Roads and Revenues of Jackson County to change the compensation of the

556

JOURNAL OF THE SENATE,

chairman and the other members of the Board of Commissioners of Roads and Revenues of Jackson County; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 214. By Senator Eldridge of the 7th: A bill to provide for clearance by quiet title proceedings of defects in real estate titles; and for other purposes.
Referred to Committee on Judiciary.
SB 215. By Senator Coggin of the 35th: A bill relating to the notice of motion to probate a will in solemn form to provide that a guardian ad litem for any person laboring under any disability may acknowledge service of the petition and notice, and upon such acknowledgement and assent thereto, the will may be admitted to record instanter on proper proof; and for other purposes.
Referred to Committee on Judiciary.
SB 216. By Senator Kidd of the 25th: A bill to amend an act creating a new charter for the City of Milledgeville to change the date of the election; and for other purposes.
Referred to Committee on County and Municipal Governments.
SB 217. By Senator Kidd of the 25th: A bill to amend an act creating a new charter for the City of Milledgeville to change the date on which city taxes become due and payable; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 218. By Senators Johnson of the 38th, Salome of the 36th, Coggin of the 35th and Ward of the 39th:
A bill to amend an act requiring the tax commissioner of Fulton County to receive tax returns for the City of Atlanta so as to provide that taxes due to the State of Georgia and Fulton County may be paid in two equal installments; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 219. By Senator Ballew of the 50th:
A bill relating to the obtaining of good title to realty by adverse possession, so as to change the provisions relating to the obtaining of

THURSDAY, FEBRUARY 10, 1966

557

good title by adverse possession in regard to certain classes of property; and for other purposes.
Referred to Committee on Judiciary.

SB 220. By Senators Bateman of the 27th and McKenzie of the 17th:
A bill to prohibit interfering with, obstructing or impeding the admini stration of justice, enforcing justice, jurors, etc., by picketing or parad ing in or near certain buildings to prevent demonstrations in and around such buildings; to provide punishment therefor; to prohibit picketing of and demonstrations around the State Capitol; and for other purposes.
Referred to Committee on Judiciary.

SB 221. By Senators McGill of the 24th, Lee of the 47th, Poster of the 21st, Padgett of the 23rd and Edenlield of the 4th:
A bill to amend an act known as the "Minimum Foundation Program of Education Act" so as to provide that certain funds appropriated to the State Department of Education or the State Board of Education may be used to replace or modernize school capital facilities; and for other purposes.
Referred to Committee on Educational Matters.

SB 222. By Senators Adams of the 26th and Bateman of the 27th:
A bill to provide for a special probated sentence for certain persons convicted of violating the several laws of this state relating to the abandonment or nonsupport of his dependents; and for other purposes.
Referred to Committee on Judiciary.

SR 67. By Senator Owens of the 49th:
A resolution proposing an amendment to the Constitution to provide for appointment of county school superintendent of Lumpkin County by the board of education of Lumpkin County.
Referred to Committee on County and Municipal Governments.

SR 68. By Senators Coggin of the 35th and Sanders of the 41st:
A resolution creating an interim committee to study all matters re lating to probate of wills and the administration of estates; and for other purposes.
Referred to Committee on Rules.

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JOURNAL OF THE SENATE,

SR 70. By Senators Smith of the 18th, Adams of the 26th, Carter of the 14th, Tribble of the 3rd, Searcey of the 2nd and Downing of the 1st:
A resolution authorizing and directing the Georgia Ports Authority to execute a local assurer agreement with the United States Corps of Engineers and the County of Chatham; and for other purposes.
Referred to Committee on Rules.

SR 71. By Senators Broun of the 46th and Kilpatrick of the 44th:
A resolution requesting the creation of a National Committee to study the problems of motor vehicle identification; and for other purposes.
Referred to Committee on Rules.

SR 72. By Senators Broun of the 46th and Kilpatrick of the 44th:
A resolution creating an interim committee to meet and assist in the formulation of national standards for identifying motor vehicles and the components thereof; and for other purposes.
Referred to Committee on Rules.

SR 73. By Senators Wesberry of the 37th and Johnson of the 38th:
A resolution to re-establish a Local Education Commission in Atlanta and Fulton County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 110. By Messrs. Bean of the 119th, Lee and Busbee of the 79th and Harris of the 118th:
A bill to amend Code chapter 23-11 relating to the office of county surveyor, so as to provide certain qualifications for the position of county surveyor; and for other purposes.
Referred to Committee on Rules.

HB 167. By Mr. McClatchey of the 138th:
A bill to provide that any petit juror drawn, selected and summoned for service in the Superior Court of any county wherein are located any courts having countywide jurisdiction concurrent with the Superior Court of this State, shall be legally competent and qualified to serve as a juror in such other courts under certain conditions; and for other purposes.
Referred to Committee on Judiciary.

THURSDAY, FEBRUARY 10, 1966

559

HB 283. By Mr. Pickard of the 112th:
A bill to amend Code section 34-1006, relating to qualification of candi dates, so as to provide that if a person qualifies for party nomination and no other person qualifies against him by the end of the qualifying period, such person shall be declared the nominee of the party without the necessity of keeping the polls open in the district; and for other purposes.
Referred to Committee on Rules.

HB 290. By Messrs. Minge, Lowrey and Starnes of the 13th:
A bill to amend an act relating to the judges of the superior courts, providing that any judge may request any judge emeritus to serve and preside in the superior court of any county in the judicial circuit of judge making said request; and for other purposes.
Referred to Committee on Judiciary.

HB 292. By Messrs. Newton of the 94th, Irvin of the llth, Farrar of the 118th, Jones of the 112th, Story of the 22nd and others:
A bill to amend an act known as the "Minimum Foundation Program of Education Act", so as to change the minimum sum in determining the funds needed by local units of administration for maintenance, operation and sick leave expenses not otherwise provided in said act; and for other purposes.
Referred to Commitee on Educational Matters.

HB 302. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th and Harris of the 118th:
A bill to amend section 92-1403 relating to the "Motor Fuel Tax Law", so as to provide for the levy of the tax on motor fuel, kerosene and fuels not commonly measured by the gallon; and for other purposes.
Referred to Committee on Rules.

HB 303. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th and Harris of the 118th:
A bill to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to remove as one of the requirements for an ex emption of the tax on machinery used in the manufacture of tangible personal property in certain plants that the installation of such machin ery must result in a substantial increase in the employment of the plant; and for other purposes.
Referred to Committee on Banking and Finance.

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JOURNAL OF THE SENATE,

HB 321. By Messrs. Chandler and Harrington of the 47th, Paris of the 23rd, Rainey of the 69th and Brown of the 19th:
A bill to amend an act providing the payment of the cost of care of persons admitted to state institutions coming under the control of the State Board of Health or Department of Public Health, so as to delete certain definitions; and for other purposes.
Referred to Committee on Health and Welfare.

HB 346. By Mr. Wilson of the 109th:
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 a personal exemption of $1200 for each dependent of the taxpayer's net income if such dependent attends a school for the physically handicapped; and for other purposes.
Referred to Committee on Banking and Finance.

HB 439. By Messrs. Harris, Farrar, Levitas and Walling of the 118th, Palmer, Carley, Malone and Vaughn of the 117th, Bean, Westlake, Evensen and Higginbotham of the 119th:
A bill to amend Code chapter 113-10, relating to distribution, advance ments, and years' support, so as to provide that in an application for years' support, notice of the filing must be given to the tax commis sioner or tax collector of any county in which property sought to be set aside is located, if property in another county; and for other pur poses.
Referred to Committee on Judiciary.

HB 443. By Messrs. Wiggins of the 32nd, Gary of the 35th and Malone of the 117th:
A bill to amend an act providing the procedure for extending social security coverage to the employees of the State of Georgia, so as to provide that "political subdivision" shall include the Georgia Municipal Association for the purposes of this act; and for other purposes.
Referred to Committee on Rules.

HB 468. By Mr. Conger of the 89th:
A bill to repeal Code section 92-7002 providing that it shall be the duty of the State Revenue Commissioner to examine the tax digests of the several counties; and for other purposes.
Referred to Committee on Rules.

THURSDAY, FEBRUARY 10, 1966

561

HB 551. By Mr. Busbee of the 79th:
A bill to provide for family planning services; to provide that the State Department of Health, county departments of health, health districts, the State Department of Family and Children Services, county departments of family and children services and district departments of family and children services shall provide family planning services; and for other purposes.
Referred to Committee on Health and Welfare.

HB 572. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th, and Harris of the 118th:
A bill to provide salaries for the solicitors general of the Superior Courts; and for other purposes.
Referred to Committee on Rules.

HR 78. By Mr. Williams of the 82nd:
A resolution authorizing the conveyance of certain tracts of stateowned property to the City of Douglas; and for other purposes.
Referred to Committee on Rules.

HR 282. By Mr. Jones of the 112th:
A resolution proposing an amendment to the Constitution so as to authorize any agency, board, department or other unit of the State Government which may be the recipient of Federal funds to administer such funds, pursuant to the terms of the grant of such funds; and for other purposes.
Referred to Committee on Rules.

The following bills and resolutions were read the second time:

SB 203. By Senators Johnson of the 38th, Salome of the 36th, Coggin of the 35th, Ward of the 39th, Wesberry of the 37th and Maclntyre of the 40th:
A bill pertaining to the attendance of witnesses and the fees therefor, to provide for payment of fees by the State to any sheriff or assistants of any police force attending any superior court, other State, or county court having jurisdiction to enforce penal laws of this State; and for other purposes.

SB 204. By Senators Johnson of the 38th, Salome of the 36th, Coggin of the 35th, Wesberry of the 37th and Maclntyre of the 40th:
A bill to add one additional judge of the Superior Court for the Atlanta Judicial Circuit; and for other purposes.

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SB 205. By Senators Thompson of the 34th and Sanders of the 41st:
A bill relating to the discharge of mechanics and materialmen's liens by the filing of a bond, so as to provide that such liens may be dis charged by posting with the clerk of a cash bond in the amount re quired; and for other purposes.

SB 207. By Senator Salome of the 36th:
A bill to remedy a cause of unemployment and economic insecurity within the State of Georgia; and for other purposes.

SB 208. By Senator Edenfield of the 4th:
A bill to amend an act repealing the act creating the Georgia Board of Naturopathic Examiners to provide that the unlawful practice of naturopathy is a misdemeanor and to provide the punishment therefor; and for other purposes.

SB 209. By Senator Johnson of the 42nd:
A bill to amend an act establishing the State Empolyees' Retirement System 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.

SB 210. By Senators Gillis of the 20th and Smith of the 18th:
A bill to amend an act creating the Department of Commerce to au thorize the publicizing of the State of Georgia; to repeal conflicting laws; and for other purposes.

SB 212. By Senator Pennington of the 45th:
A bill to amend an act defining certain agricultural terms to include in said defintion container grown products; and for other purposes.

SB 213. By Senators Downing of the 1st, Salome of the 36th, Coggin of the 35th, Ward of the 39th, Spinks of the 9th and others:
A bill to provide for personal jurisdiction over any non-domiciliary; or his executor or administrator, as to a cause of action arising from the transaction of business within the state, or the commission of a tortious act within the state, or owning, using or possessing real prop erty situated within the state; and for other purposes.

SR 61. By Senators Loggins of the 53rd and Lee of the 47th:
A resolution to authorize the acceptance of the bid of Sonoco Products Company, to lease 1.22 acres of State-owned property in Fulton County,

THURSDAY, FEBRUARY 10, 1966

563

Georgia, and to direct the Chairman of the State Properties Control Commission to execute the attached lease on behalf of the State Prop erties Control Commission.

SR 62. By Senators Holloway of the 12th, Smalley of the 28th, Carter of the 14th and Tribble of the 3rd:
A resolution authorizing the Georgia State Game and Fish Commission to stock the lakes and ponds owned by the State of Georgia and located within a State Park.

SR 63. By Senators Thompson of the 34th and Broun of the 46th:
A resolution proposing an amendment to the Constitution so as to continue the salary of any employee of the Department of Public Safety killed in the line of duty as a pension to the children of such employee until such time as the youngest unmarried child surviving such em ployee shall reach the age of 18 years; and for other purposes.

SR 64. By Senators Wesberry of the 37th, Sanders of the 41st, Coggin of the 35th, Maclntyre of the 40th, Salome of the 36th, Thompson of the 34th, Ward of the 39th and Johnson of the 38th:
A resolution to establish a local Government Commission in Atlanta, Fulton and DeKalb Counties, to study the Governments of Fulton and DeKalb Counties and the municipalities located wholly or partly therein for the purpose of improving local governments and providing greater efficiency and economy; and for other purposes.

SR 65. By Senator Holloway of the 12th:
A resolution creating an interim committee to study all matters re lating to the feasibility of establishing a state liaison office in Wash ington, D. C.; and for other purposes.

SR 66. By Senator Moore of the 31st:
A resolution proposing an amendment to the Constitution so as to create the Polk School District by merging the county school system of Polk County and the independent school system of the City of Cedartown; and for other purposes.

HB 169. By Messrs. Pickard of the 112th, Farrar of the 118th, Barber of the 24th and Story of the 22nd:
A bill to amend an act establishing the Teachers' Retirement System, so as to provide for an additional member of the Board of Trustees; and for other purposes.

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HB 242. By Messrs. Lane of the 64th, Parker of the 55th, Overby of the 16th, Smith of the 3rd, Newton of the 50th, Nessmith of the 64th, Matthews and Newton of the 94th, Williams of the 16th and others:
A bill to create and establish the office of Senator Superior Court Re porter; and for other purposes.

HB 306. By Messrs. Sherman of the 105th, Fleming of the 106th, Clarke of the 45th, Knapp of the 109th, Lee of the 79th and many others:
A bill to regulate the sale of admission tickets to athletic contests other than those of colleges of the University System of Georgia, so as to provide that no ticket to athletic contests regulated by this act shall be sold for more than $1.00; and for other purposes.

HB 344. By Messrs. Harris of the 118th and Levitas of the 118th:
A bill to provide that any person who steals an article representing a trade secret or copies an article representing a trade secret with intent to deprive the owner thereof, the control of such trade secrets shall be guilty of a crime; and for other purposes.

HB 399. By Mr. Leonard of the 3rd:
A bill to amend an act creating a commissioner of roads and revenues for Murray County, so as to increase the compensation of the commis sioner; and for other purposes.

HB 406. By Mr. Harris of the 85th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Glynn County, so as to provide for the election of members by a majority vote; and for other purposes.

HB 449. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A bill to amend an act relating to the salary of the judge of the juvenile court in counties in the State having a population of not less than 150,000 and more than 175,000, so as to change the salary of the judge of the juvenile court in such counties; and for other purposes.

HB 461. By Messrs. Elliott of the 107th, Knapp, Wilson and Stewart of the 109th:
A bill to create the Bibb County Water and Sewerage Authority, and to authorize such authority to acquire, construct, equip, etc., self liquidating projects embracing sources of water supply; and for other purposes.

THURSDAY, FEBRUARY 10, 1966

565

HB 470. By Messrs. Busbee, Odom, Hutchinson and Lee of the 79th:
A bill to amend an act providing a new charter for the City of Albany, so as to authorize the city commissioners to designate the place for holding elections; and for other purposes.

HB 472. By Mr. Stovall of the 17th:
A bill to amend an act creating a board of commissioners of roads and revenues of Madison County, so as to provide that certain personnel personally objected to by the chairman shall not be employed by the board; and for other purposes.

HB 473. By Mr. Stovall of the 17th:
A bill to abolish the present mode of compensating the sheriff of Banks County, known as the fee system; and for other purposes.

HB 476. By Mr. Brackin of the 87th: A bill to be entitled an act to fix, allow and provide for the compensation of the sheriff of Seminole County; and for other purposes.
HB 477. By Mr. Brackin of the 87th: A bill to amend an act amending, consolidating and superseding the several acts incorporating the City of Colquitt in the County of Miller, so as to change the corporate limits of said city; and for other purposes.
HB 479. By Mr. Nessmith of the 64th: A bill to repeal an act creating an "Agricultural Commodities Author ity"; and for other purposes.

HB 482. By Mr. Black of the 66th:
A bill to fix the compensation of the clerk of the commissioners of roads and revenues of all counties having a certain population, to provide that such compensation shall be paid from county funds by the govern ing authorities of such counties; and for other purposes.

HB 483. By Mr. Black of the 56th:
A bill to amend an act abolishing the office of tax collector and tax receiver and creating the office of tax commissioner in their stead, so as to change the compensation of the tax commissioner of Chattahoochee County; and for other purposes.

566

JOURNAL OF THE SENATE,

HB 484. By Mr. Black of the 56th:
A bill to amend an act placing the sheriff of Chattahoochee County on an annual salary in lieu of the fee basis of compensation, so as to au thorize the governing authority of Chattahoochee County to fix the compensation of the sheriff within a certain salary range; and for other purposes.

HB 485. By Mr. Black of the 56th:
A bill to provide that in all counties of this State having a certain popu lation, the ordinaries of such counties shall be compensated on a salary basis in lieu of the fee system; and for other purposes.

HB 489. By Messrs. Richardson of the 116th, Gignilliat and Powers of the 113th, Smith of the 114th, Tye and Kiley of the 115th:
A bill to amend an act incorporating Garden City, so as to confer upon the mayor and councilmen additional powers; and for other purposes.

HB 490. By Messrs. Bedgood and Matthews of the 29th:
A bill to place the sheriff of Clarke County upon an annual salary; and for other purposes.

HB 491. By Messrs. Bedgood and Matthews of the 29th:
A bill to amend an act providing for the merger of the independent school system of the mayor and council of the City of Athens and the existing school district of Clarke County; and for other purposes.

HB 492. By Messrs. Matthews and Bedgood of the 29th: A bill to amend an act relating to the charter of the Town of Athens, so as to authorize the appointment of Deputy Registrars; and for other purposes.
HB 493. By Messrs. Matthews and Bedgood of the 29th: A bill to fix the compensation of the treasurer of Clarke County; and for other purposes.

HB 497. By Messrs. Wilson and Henderson of the 102nd, Howard and McDaniell of the 101st and Jordan of the 103rd:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Cobb County, to provide the charge for licenses for certain business activities; and for other purposes.

THURSDAY, FEBRUARY 10, 1966

567

HB 499. By Mr. Black of the 56th:
A bill to provide that in all counties of this State having a certain population the governing authorities of such counties shall furnish the sheriff of said counties firearms and ammunition and a two-way radio for the sheriff's office; and for other purposes.

HB 501. By Messrs. Snellings and Hull of the 104th, DeLong and Sherman of the 105th, Fleming and Simkins of the 106th:
A bill to amend an act regulating public instruction in the County of Richmond, so as to change the compensation of the members; and for other purposes.

HB 502. By Messrs. Elliott of the 107th, Knapp, Stewart, Wilson and Jones of the 109th, and Bryant of the 108th:
A bill to amend an act establishing the City Court of Macon, in and for the County of Bibb, so as to change the name of the city court of Macon; and for other purposes.

HB 503. By Messrs, Elliott of the 107th, Knapp, Stweart, Wilson and Jones of the 109th, and Bryant of the 108th:
A bill to amend an act establishing the City Court of Macon, in and for the County of Bibb, so as to provide for the establishment of a probation office; and for other purposes.

HB 504. By Mr. Smith of the 54th:
A bill to amend an act incorporating the City of Swainsboro, so as to provide for the qualifications and registration of voters; and for other purposes.

HB 505. By Mr. Anderson of the 71st:
A bill to amend an act placing the ordinary of Pulaski County upon an annual salary in lieu of the fee system; and for other purposes.

HB 506. By Mr. Anderson of the 71st:
A bill to amend an act placing the clerk of the Superior Court of Pulaski County upon an annual salary in lieu of the fee system; and for other purposes.

HB 507. By Messrs. Overby, Wood and Williams of the 16th:
A bill to incorporate and to grant a new charter to the City of Oakwood; and for other purposes.

568

JOURNAL OP THE SENATE,

HB 510. By Mr. Roach of the 15th:
A bill to amend an act creating the office of Commissioner of Roads and Revenues for Cherokee County, so as to change the compensation of the Commissioner; and for other purposes.

HB 511. By Messrs. Minge, Lowrey and Starnes of the 13th:
A bill to require the Board of Commissioners of Roads and Revenues of Floyd County to conduct an annual audit of finances, financial re cords and books of Floyd County; and for other purposes.

HB 512. By Messrs. Minge, Lowrey and Starnes of the 13th:
A bill to require county boards of educations in certain counties to con duct a continuing and annual audit of the books and records of such board of education; and for other purposes.

HB 513. By Messrs. Minge, Lowrey and Starnes of the 13th:
A bill to require hospital authorities in certain counties to conduct an annual audit of the books and records of such hospital authorities; and for other purposes.

HB 514. By Messrs. Minge, Lowrey and Starnes of the 13th:
A bill to amend an act placing certain officers of Floyd County on a salary basis, so as to provide that the salary of the comptroller shall be fixed by the Board of Commissioners of Roads and Revenues of Floyd County; and for other purposes.

HB 515. By Messrs. Minge, Lowrey and Starnes of the 13th:
A bill to require the Commissioners of Roads and Revenues of Floyd County to operate under a budget; and for other purposes.

HB 516. By Mr. Roach of the 15th:
A bill to amend an act placing the sheriff, the clerk of the superior court, the tax commissioner and the ordinary of Cherokee County on a salary system; and for other purposes.

HB 517. By Mr. Pafford of the 97th:
A bill to amend an act placing the sheriff of Lanier County upon an annual salary, so as to fix the annual salary of the sheriff; and for other purposes.

THURSDAY, FEBRUARY 10, 1966

569

HB 518. By Mr. Johnson of the 40th:
A bill to abolish the present mode of compensating the sheriff of Glascock County, known as the fee system; and for other purposes.

HB 521. By Messrs. Richardson of the 116th, Gignilliat and Powers of the 113th, Smith of the 114th, Tye and Kiley of the 115th and others:
A bill to amend an act implementing the constitutional provisions creating the Savannah District Authority, so as to delete therefrom certain provisions relating to the terms of office of the authority mem bers and the prohibition against members being eligible to succeed themselves; and for other purposes.

HB 523. By Messrs. Howard and McDaniell of the 101st, Henderson and Wilson of the 102nd:
A bill creating a new charter for the City of Smyrna, so as to increase the corporate limits; and for other purposes.

HB 525. By Messrs. Howard of the 101st, Henderson and Wilson of the 102nd:
A bill providing for a new charter for the City of Marietta, so as to change the corporate limits of said city; and for other purposes.

HB 526. By Messrs. Bean, Evensen, Westlake and Higginbotham, Carley, Malone, Palmer and Vaughn of the 117th and others of the 118th:
A bill to amend an act creating and establishing in DeKalb County districts from which the members of the County Board of Education shall be elected, so as to redefine the school board districts; and for other purposes.

HB 528. By Mr. NeSmith of the 43rd:
A bill to amend an act creating a new charter for the Town of Luthersville, so as to increase the corporate limits of the Town of Luthersville; and for other purposes.

HB 529. By Messrs. Vaughn, Malone, Palmer and Carley of the 117th, Westlake, Higginbotham, Bean and Evensen of the 119th and others of the 118th:
A bill to amend Code section 92-6402, providing for the payment of taxes in two installments in counties having a population of not less than 250,000 and not more than 500,000; and for other purposes.

HB 535. By Messrs. Lee, Gary and Harrell of the 35th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Clayton County, so as to change the amount of bond required of the chairman and of members of the Board; and for other purposes.

570

JOURNAL OF THE SENATE,

HB 536. By Messrs. Lee, Gary and Harrell of the 35th:
A bill to abolish the office of treasurer of Clayton County, to provide that the Commissioners of Roads and Revenues of Clayton County shall appoint depositories for county funds; and for other purposes.

HB 540. By Messrs. Matthews and Bedgood of the 29th:
A bill to amend an act creating the Clarke County School District and providing for a board of education therefor, so as to increase the mem bership of the board of education; and for other purposes.

HB 545. By Messrs. Lowrey, Minge and Starnes of the 13th:
A bill to amend an act creating a new charter for the City of Rome, relating to the Board of Education; and for other purposes.

HB 546. By Messrs. Lowrey, Minge and Starnes of the 13th:
A bill to amend an act creating a new charter for the City of Rome, so as to provide the qualifications of the members of the Rome City Commissioners; and for other purposes.

HB 547. By Messrs. Lowrey, Minge and Starnes of the 13th:
A bill to amend an act creating the charter for the City of Rome, so as to provide that each ward shall consist of Post No. 1, Post No. 2 and Post No. 3 for election purposes; and for other purposes.

HB 548. By Messrs. Lowrey, Minge and Starnes of the 13th:
A bill to amend an act creating a new charter for the City of Rome, relating to the number of wards within the City of Rome; and for other purposes.

HB 549. By Messrs. Lowrey, Minge and Starnes of the 13th:
A bill to amend an act creating a new charter for the City of Rome, relating to fines, taxes, forfeitures or other indebtedness due said city; and for other purposes.

HB 550. By Messrs. Lowrey, Minge and Starnes of the 13th:
A bill to amend an act creating a new charter for the City of Rome, so as to provide for primary elections and the nomination of candidates for any general election and special election by primary or nomination petition; and for other purposes.

THURSDAY, FEBRUARY 10, 1966

571

HB 552. By Messrs. Hull of the 104th and DeLong of the 105th:
A bill to amend an act changing from the fee to the salary system certain of the county officers of certain counties of this state, so as to change the compensation of certain employees of the sheriff's office; and for other purposes.

HB 556. By Messrs. Wilson and Henderson of the 102nd, Howard and McDaniell of the 101st, and Jordan of the 103rd:
A bill to amend an act placing the clerk of the superior court, the sheriff, and the ordinary of Cobb County upon an annual salary; and for other purposes.

HR 10. By Mr. Irvin of the llth: A resolution to compensate Ed Lonzo Smith; and for other purposes.

HR 13. By Mr. Lewis of the 50th: A resolution to compensate Parker-White Motors; and for other pur poses.
HR 86. By Messrs. Chandler and Harrington of the 47th: A resolution compensating Benjamin Clinton Tanner; and for other purposes.
HR 94. By Senator Overby of the 16th: A resolution compensating Mrs. Helen Martin; and for other purposes.

HR 125. By Messrs. Newton and Matthews of the 94th: A resolution compensating R. L. Millings; and for other purposes.

HR 149. By Messrs. Farrar and Walling of the 118th:
A resolution authorizing the General Assembly to provide for indemnify ing of private citizen, his spouse or child for personal injury, death or damage to property sustained in preventing commission of a crime or in assisting a peace officer in prevention of a crime or apprehension of a criminal; and for other purposes.

HR 168. By Mr. Otwell of the 10th: A resolution compensating Charles L. Wilson; and for other purposes.

572

JOURNAL OF THE SENATE,

HR 169. By Mr. Harris of the 14th:
A resolution compensating Warren Marchialette; and for other pur poses.

HR 170. By Mr. Vaughan of the 14th:
A resolution compensating Miss Marie Morgan and Mrs. Bertha Wilkins; and for other purposes.

HR 171. By Messrs. Chandler and Harrington of the 47th: A resolution compensating Reverend James L. Travis; and for other purposes.
HR 172. By Mr. Harris of the 118th: A resolution compensating Doyle F. Whitaker; and for other purposes.

HR 174. By Mr. Harris of the 118th: A resolution compensating Mr. and Mrs. Randolph E. Ward; and for other purposes.
HR 175. By Mr. Harris of the 118th: A resolution compensating Mr. Samuel Rushing Smith; and for other purposes.
HR 176 By Mr. Harris of the 118th: A resolution compensating Mr. Raymond J. Wrinn; and for other pur poses.
HR 181. By Mr. Dickinson of the 27th: A resolution compensating Mr. Johnny A. Brown; and for other pur poses.
HR 184. By Mr. Ross of the 31st: A resolution compensating Bobby Gene Rocker; and for other purposes.

HR 201. By Mr. Harris of the 85th:
A resolution proposing an amendment to the Constitution, so as to provide additional definitions relating to the Brunswick and Glynn County Development Authority; and for other purposes.

THURSDAY, FEBRUARY 10, 1966

573

HR 208. By Mr. Wilson of the 102nd: A resolution compensating Carl Green; and for other purposes.

HR 212. By Mr. Herndon of the 74th: A resolution compensating Mrs. Jacquelyn S. Horen; and for other purposes.
HR 214. By Mr. Houston of the 84th: A resolution compensating Mr. L. L. Rhoden, Jr.; and for other pur poses.
HR 225. By Messrs. Smith of the 114th, Tye of the 115th, Powers and Gignilliat of the 113th, Drew of the 116th and others:
A resolution proposing an amendment to the Constitution so as to provide to the qualified voters of Chatham County an amendment to Article VII, Section I, Paragraph III, providing for tax equalization by authorizing levying of taxes other than taxes on real and personal property; and for other purposes.

HR 232. By Mr. Matthews of the 29th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local act for the creation of a Charter Commission to study the consolidation of the government of the mayor and council of the City of Athens and Clarke County; and for other purposes.

HR 241. By Mr. Vaughn of the 117th:
A resolution proposing an amendment to the Constitution so as to in crease the debt limitation of Rockdale County; and for other purposes.

HR 242. By Messrs. Story and Watson of the 22nd:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Gwinnett County to establish and administer fire protection districts and sewerage districts in said county; and for other purposes.

HR 246. By Messrs. Minge, Lowrey and Starnes of the 13th:
A resolution proposing an amendment to the Constitution so as to provide that the governing authority of Floyd County may establish water, sanitation, sewerage and fire protection districts in Floyd Coun ty; and for other purposes.

574

JOURNAL OF THE SENATE,

HE 247. By Messrs. Lowrey, Minge and Starnes of the 13th:
A resolution proposing an amendment to the constitution so as to authorize Ployd County, in unincorporated areas, to construct, pave, etc. streets, roads, curbing, etc. and assess all or a portion of the cost against abutting property and the owners thereof with the approval of a majority of said abutting property owners; and for other pur poses.

HE 250. By Mr. Black of the 56th:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Chattahoochee County to assess and collect license fees and taxes upon businesses located in Chatta hoochee County outside the limits of any incorporated municipality; and for other purposes.

HE 255. By Messrs. Matthews and Bedgood of the 29th:
A resolution proposing an amendment to the Constitution so as to in crease the membership of the Board of Education of Clarke County from nine to eleven members; and for other purposes.

HR 162. By Mr. Floyd of the 7th: A resolution compensating Mr. Glenn Hendrix; and for other purposes.

HB 520. By Mr. Lovett of the 60th:
A bill to amend an act creating the City Court of Dublin, so as to increase the compensation of the judge and solicitor of said court; and for other purposes.

HB 494. By Messrs. Sherman and DeLong of the 105th, Fleming and Simkins of the 106th, Hull and Snellings of the 104th:
A bill to amend an act authorizing and establishing of law libraries in courts in certain counties, so as to authorize an assistant for the official operating such libraries; and for other purposes.

HB 562. By Messrs. Gary, Lee and Harrell of the 35th: A bill to amend an act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to change the compensation of the official court reporter; and for other purposes.
HB 570. By Mr. Clarke of the 45th: A bill to abolish the present method of compensating the sheriff of Monroe County, known as the fee system; and for other purposes.

THURSDAY, FEBRUARY 10, 1966

575

HB 571. By Messrs. Longino of the 122nd, Cox of the 127th, Lea of the 126th, Hawkins of the 139th, Grier of the 132nd and others:
A bill to amend an act establishing a new charter for the City of Col lege Park, relating to the election of the mayor and councilmen; and for other purposes.

HB 573. By Mr. Steis of the 100th:
A bill to amend an act placing the sheriff of Harris County on a salary system in lieu of a fee system, so as to change the maximum amount of compensation which the deputies may be paid; and for other purposes.

HB 574. By Mr. Steis of the 100th:
A bill to amend an act creating the office of the commissioner of Harris County, so as to change the compensation of the tax commissioner; and for other purposes.

HB 575. By Mr. Steis of the 100th:
A bill to amend an act creating the office of tax commissioner of Talbot County, so as to change the compensation for the tax com missioner; and for other purposes.

HB 576. By Mr. Steis of the 100th:
A bill to amend an act changing the compensation of the members of the Board of County Commissioners of Talbot County, so as to change the compensation of said members; and for other purposes.

HB 577. By Mr. Steis of the 100th:
A bill to amend an act changing the compensation of the sheriff of Talbot County from the fee system to the salary system so as to clarify the provisions relating to the salary and expense allowance of the sheriff; and for other purposes.

HB 578. By Mr. Paris of the 23rd:
A bill to implement and effectuate the provisions of the Constitution creating the Barrow County School System and the Board of Education, so as to provide for the members of said Board; and for other purposes.

HB 632. By Mr. Jordan of the 78th:
A bill to abolish the present method of compensating the sheriff of Clay County, known as the fee system; and for other purposes.

676

JOURNAL OF THE SENATE,

HB 633. By Mr. Jordan of the 78th:
A bill to abolish the present method of compensating the sheriff of Baker County, known as the fee system; and for other purposes.

HB 634. By Mr. Jordan of the 78th:
A bill to amend an act abolishing the fee system for the sheriff of Calhoun County and providing in lieu thereof an annual salary, so as to change the compensation of the sheriff; and for other purposes.

HB 635. By Mr. Jordan of the 78th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Baker County, so as to change the compensation of the chairman and the other members of said Board; and for other pur poses.

HB 636. By Mr. Jordan of the 78th:
A bill to amend an act creating a new charter for the City of Arlington, so as to change the hours which the polls shall be open on election days; and for other purposes.

Senator 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 resolutions of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 117. Do Pass. SB 157. Do Pass as Amended. SB 194. Do Pass. SB 196. Do Pass. SB 211. Do Pass. HB 163. Do Pass. HB 185. Do Pass. HB 210. Do Pass as Amended. HB 315. Do Pass. HB 316. Do Pass.

THURSDAY, FEBRUARY 10, 1966

577

HB 317. Do Pass. HB 329. Do Pass. HB 345. Do Pass as Amended. HB 347. Do Pass. HB 381. Do Pass. HB 400. Do Pass. HB 401. Do Pass. HB 402. Do Pass. HB 403. Do Pass. HB 409. Do Pass. HB 415. Do Pass as Amended. HB 417. Do Pass. HB 428. Do Pass. HB 453. Do Pass. HB 454. Do Pass. HB 465. Do Pass. HB 466. Do Pass. HB 467. Do Pass. HB 470. Do Pass. HR 73. Do Pass. HR 152. Do Pass. HR 185. Do Pass. HR 186. Do Pass. HR 194. Do Pass. HR 204. Do Pass. HR 206. Do Pass. HR 215. Do Pass. HR 220. Do Pass. HR 221. Do Pass. HR 222. Do Pass. HR 223. Do Pass.

Respectfully submitted, Downing of 1st District, Chairman.

578

JOURNAL OF THE SENATE,

Senator 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 resolutions of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 52. Do Pass. HB 233. Do Pass. HB 335. Do Pass. HE 39. Do Pass. SB 101. Do Pass by Substitute.
Respectfully submitted, Fincher of 51st District, Chairman.

Senator Kidd of the 25th District, Chairman of the Committee on Defense and Veteran Affairs, submitted the following report:
Mr. President:
Your Committee on Defense and Veteran Affairs has had under considera tion the following bills of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 247. Do Pass. HB 469. Do Pass.
Respectfully submitted, Kidd of 25th District, Chairman.

Senator Pennington of the 45th District, Chairman of the Committee on Agriculture and Natural Resources, submitted the following report:
Mr. President:
Your Committee on Agriculture and Natural Resources has had under con sideration the following bills and resolution of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SR 60. Do Pass.

THURSDAY, FEBRUARY 10, 1966

579

HB 326. Do Pass. HB 255. Do Pass.

Respectfully submitted, Pennington of 45th District, Chairman.

Senator Loggins of the 53rd District, Chairman of the Committee on Public Utilities and Transportation, submitted the following report:
Mr. President:
Your Committee on Public Utilities and Transportation has had under con sideration the following bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 171. Do Pass. Respectfully submitted, Loggins of 53rd 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 93. By Senators Rowan of the 8th and Pennington of the 45th: A bill to provide for inspection of colonies of honeybees by the State 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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 209. By Messrs. Wells of the 30th, Blalock of the 33rd, Parker of the 55th, Smith of the 44th, Col well of the 5th and many others: A bill to amend an act known as the "Minimum Foundation Program of Education Act", so as to change the minimum salaries established by the State Board of Education of drivers of certain school buses; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

580

JOURNAL OF THE SENATE,

On the passage of the bill, Senator Dean of the 6th 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 Bateman Broun Carter Coggin Dean Edenfield Fincher of 54th Flowers Gayner Gillis Gregory Hall Hill

Holley Holloway Jackson Johnson of 38th Kendrick Kidd Kilpatrick Lee Loggins Miller Minish Moore McGill Noble

Owens Padgett Pennington Plunkett Rowan Searcey Smalley Smith Spinks Tribble Ward Webb Yancey

Voting in the negative were Senators Maclntyre and Wesberry.

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

On the passage of the bill, the ayes were 41, nays 2.

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

SB 143. By Senators Pennington of the 45th, Jackson of the 16th and Carter of the 14th:
A bill to amend an act creating the Department of Public Safety of Georgia, as amended, so as to provide for the issuance of honorary drivers' licenses without cost to certain veterans of this State or cer tain servicemen of this State; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.

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

THURSDAY, FEBRUARY 10, 1966

581

SB 123. By Senators Kendrick of the 32nd, Seareey of the 2nd and Foster of the 21st:
A bill to repeal Code chapter 32-17, relating to the requirement that the curriculum of all public schools contain instruction in the promo tion and encouragement of the conservative and protection of birds, animals, fish and any other forms of useful wildlife and the forests; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agered to.
On the passage of the bill, the ayes were 31, nays 0.

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

SB 45. By Senator Kendrick of the 32nd:
A bill to amend Code section 32-904, relating to the compensation of members of county boards of education, as amended, so as to change the compensation of board members; to provide that all board members shall receive reimbursement for actual expenses incurred on official business of the board; and for other purposes.

Senator Hall of the 52nd offered the following amendment:
Amend SB 45 by placing a period after the word "board" in the last line of page 1 and by striking the remainder of the paragraph.
And by placing a period after the word "board" in the 13th line on page 2 and by striking the remainder of the sentence.

On the adoption of the amendment, the ayes were 30, nays 0, and the amend ment was adopted.

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

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

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

582

JOURNAL OF THE SENATE,

Senator Kendrick of the 32nd asked unanimous consent that SB 45 be imme diately transmitted to the House.

The consent was granted.
HE 136. By Mr. Leonard of the 3rd: A resolution authorizing the exchange and conveyance of certain prop erty rights in real property located in Murray County, by and between the State of Georgia and the Cohutta Talc Company, a Georgia Corpora tion; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 30, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
SR 49. By Senators Hall of the 52nd, Jackson of the 16th and Kendrick of the 32nd: A resolution creating an interim study committee to study the feasi bility of establishing a central computerized criminal records system for the State of Georgia; and for other purposes.
The Committee on Rules offered the following amendment:
Amend SR 49 by striking the words "five (5) members of the Sen ate and five (5) members of the House of Representatives" and sub stituting in lieu thereof the following words "Three (3) members of the Senate and three (3) members of the House of Representatives", and by substituting ten (10) days for twenty (20) as the days provided for the committee.
. On the adoption of the amendment, the ayes were 30, nays 0, and the amend ment was adopted.
The report of the committee, whach was favorable to the adoption of the resolution as amended, was agreed to.
On the adoption of the resolution, Senator Webb of the llth called for the ayes and nays, and the call was sustained.

THURSDAY, FEBRUARY 10, 1966

583

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Bateman Carter Dean Downing Eldridge Pincher of 54th Foster Gregory Hall Hill Holley

Holloway Johnson of 38th Kendrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie Noble

Padgett Rowan Sanders Searcey Smalley Smith Thompson Tribble Ward Webb Wesberry Yancey

Those voting in the negative were Senators Kilpatrick and Owens.

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

On the adoption of the resolution, the ayes were 36, nays 2.

The resolution, having received the requisite constitutional majority, was adopted as amended.
SB 199. By Senator Downing of the 1st:
A bill to amend Code section 40-804, relating to the power of the Secre tary of State, the Department of Archives and History, as amended, so as to provide that the Secretary of State may establish a branch depository after obtaining prior written approval of the historical association involved; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.

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

Senator Downing of the 1st asked unanimous consent that SB 199 be imme diately transmitted to the House.

The consent was granted.

584

JOURNAL OF THE SENATE,

HE 148. By Mr. Elliott of the 107th:
A resolution authorizing the conveyance of certain State Property located in Bibb County; and for other purposes.

The report of the committee, which was favorable to the adoption of the 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 87. By Messrs. Chandler and Harrington of the 47th:
A resolution authorizing the leasing 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.

SB 57. By Senator Webb of the llth:
A bill to amend an act creating the offices of State Highway Depart ment, as amended, so as to provide that the State Highway Department shall be authorized to accept for the State all available Federal monies appropriated under the various acts included under Title 23 of the United States Code, the same being enacted into law by Public Law 85-767, August 27, 1958, as amended; and for other purposes.

Senator Holloway of the 12th asked unanimous consent that SB 57 be post poned to February 11, 1966.

The consent was granted.

SR 8. 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 Constitution; to pro-

THURSDAY, FEBRUARY 10, 1966

585

vide 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. The Constitution of Georgia is hereby amended by striking Article XIII, relating to amendments to the Constitution, in its entirety, and inserting in lieu thereof a new Article XIII to read as follows:
"ARTICLE XIII
AMENDMENTS TO THE CONSTITUTION

SECTION I CONSTITUTION AMENDED, HOW

"Paragraph I. Proposals to Amend the Constitution; New Constitution. Amendments to this Constitution, or a new Consti tution, may be proposed by the General Assembly, or by a consti tutional convention as hereinafter provided. No amendments ex cept those of a general nature having uniform operation throughout the State shall be proposed.
"Paragraph II. Proposal by General Assembly; Submission. A proposal by the General Assembly to amend this Constitution or for a new Constitution shall originate as a resolution in either the House of Representatives or the Senate and if approved by two-thirds of the elected membership of each house in a roll call vote entered on their respective journals, the Governor shall cause the full text of such proposal to be published in one or more newspapers having general circulation in each congressional district in the State once each week for three consecutive weeks immediately preceding the week containing the day of the general election at which such proposal is to be submitted, and shall cause such proposal to be placed on the ballot for the next general election. The language to be used in submitting a proposed amendment or new Constitution shall be in such words as the General Assembly may provide in the resolution, or in failure thereof, in such language as the Governor may prescribe. If such proposal is ap proved by a majority of the electors qualified to vote for members of the General Assembly voting thereon in such general election, such proposal shall become a part of this Constitution or a new Constitution as the case may be. Any proposal so approved shall take effect on the first day of January following the date of the vote thereon, unless the resolution proposing the amendment shall provide otherwise. When more than one proposal for amendment is to be submitted at the same election, such proposals shall be sub mitted so as to enable the electors to vote on each proposal separately.
"Paragraph III. Repeal or Amendment of Proposal. Any proposal to amend this Constitution which has been adopted by the General Assembly may be amended or repealed by the same General Assembly which adopted such proposal by the affirmative

586

JOURNAL OF THE SENATE,

vote of two-thirds of the elected membership of each house in a roll call vote entered on their respective journals, if such action is taken at least two months prior to the date of the election at which such proposal is to be submitted.

"Paragraph IV. Constitutional Convention; How Called. No convention of the people shall be called by the General Assembly to amend this Constitution, or to propose a new Constitution, unless by the occurrence of two-thirds of all members of each house of the General Assembly. The representation in said convention shall be based on population as near as practicable. This Convention shall not be amended or changed by the convention until the pro posed amendment or change has been submitted and ratified by the people in the manner provided for submission and ratification of amendments proposed by the General Assembly."

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 01 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 change NO ( ) the provisions relating to the method of amending the Constitution?"

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 prodvided 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 Smalley of the 28th offered the following substitute:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the provisions relating to the method of amending the Constitution and to provide for the continuation of previous constitutional amendments; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.

THURSDAY, FEBRUARY 10, 1966

587

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. The Constitution of Georgia is hereby amended by striking Article XIII, relating to amendments to the Constitution, in its entirety, and inserting in lieu thereof a new Article XIII to read as follows:
"ARTICLE XIII
AMENDMENTS TO THE CONSTITUTION

SECTION I CONSTITUTION AMENDED, HOW

"Paragraph I. Proposals to Amend the Constitution; New Constitution. Amendments to this Constitution may be proposed by the General Assembly, or by a constitutional convention as here inafter provided. No amendments except those of a general nature having uniform operation throughout the State shall be proposed.

"Paragraph II. Proposal by General Assembly; Submission. A proposal by the General Assembly to amend this Constitution shall originate as a resolution in either the House of Representatives or the Senate and if approved by two-thirds of the elected member ship of each house in a roll call vote entered on their respective journals, the Governor shall cause the full text of such proposal to be published in one or more newspapers having general circula tion in each congressional district in the State once each week for three consecutive weeks immediately preceding the week contain ing the day of the general election at which such proposal is to be submitted, and shall cause such proposal to be placed on the ballot for the next general election. The language to be used in submitting a proposed amendment shall be in such words as the General Assembly may provide in the resolution, or in failure there of, in such as the Governor may prescribe. If such proposal is approved by a majority of the electors qualified to vote for members of the General Assembly voting thereon in such general election, such proposal shall become a part of this Constitution. Any pro posal so approved shall take effect on the first day of January following the date of the vote thereon, unless the resolution pro posing the amendment shall provide otherwise. When more than one proposal for amendment is to be submitted at the same election, such proposals shall be submitted so as to enable the electors to vote on each proposal separately.

"Paragraph III. Repeal or Amendment of Proposal. Any Pro posal to amend this Constitution which has been adopted by the General Assembly may be amended or repealed by the same General Assembly which adopted such proposal by the affirmative vote of two-thirds of the elected membership of each house in a roll call vote entered on their respective journals, if such action is taken at least two months prior to the date of the election at which such proposal is to be submitted.

588

JOURNAL OF THE SENATE,

"Paragraph IV. Constitutional Convention; How Called. No convention of the people shall be called by the General Assembly to amend this Constitution, or to propose a new Constitution, unless by the concurrence of two-thirds of all members of each house of the General Assembly. The representation in said convention shall be based on population as near as practicable. This Constitution shall not be amended or changed by the convention until the pro posed amendment or change has been submitted and ratified by the people in the manner provided for submission and ratification of amendments proposed by the General Assembly.
"Paragraph V. Veto Not Permitted. The Governor shall not have the right to veto any proposal by the General Assembly to amend the Constitution.
"Paragraph VI. Continuation of Previous Constitutional Amendments. If constitutional at the time they became effective, amendments to the Constitution of 1877 which were continued in force by Article VII, Section X of the Constitution of 1945, amend ments to the Constitution of 1945 which required a vote of the people of the political subdivision or subdivisions directly affected in order to be ratified, whether ratified prior to or at the general election of 1966, and amendments to the Constitution of 1945 using population as a basis for classification, are hereby continued in force and effect as local statutory law, and are hereby declared to be legal, valid and constitutional under this Constitution, and the rights, authority and privileges granted under said amend ments are hereby confirmed and approved and may be exercised as herein provided, unless expressly amended or repealed as here inafter provided. If constitutional at the time they became effective, laws which were enacted pursuant to specific authorization con tained in any of the aforesaid amendments are likewise continued in force and effect as such laws existed at the time of the effective date of this Paragraph, and are hereby declared to be constitutional under this Constitution.
"If no contractual or other vested rights are adversely affected, any of the aforesaid amendments which are continued as statutory law may be amended or repealed by the General Assembly by local act in the same manner as other statutes, but no such amending or repealing act shall become effective unless ratified in a referen dum by the people of the political subdivision or subdivisions di rectly affected. Any such amendment may not be amended or re pealed by general law unless such general law specifically pro vides for such amendment or repeal, in which event such general law shall not be construed to be other than a general law because of such specification and in no event shall contractual or other vested rights be adversely affected thereby."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

THURSDAY, FEBRUARY 10, 1966

589

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

"YES ( ) Shall the Constitution be amended so as to change the provisions relating to the method of amending
NO ( ) the Constitution and to provide for the continuation of previous constitutional amendments?"

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 returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

On the adoption of the substitute, Senator Smalley of the 28th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Ballew Bateman Broun Carter Coggin Dean Downing Edenfield Eldridge Pincher of 51st Fincher of 54th Foster Gayner Gillis

Gregory Hall Hill Holloway Johnson of 42nd Kendrick Kilpatrick Lee Maclntyre Minish Moore McGill McKenzie Noble Owens

Padgett Plunkett Rowan Salome Sanders Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Yancey

Voting in the negative were Senator Miller.

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

On the adoption of the substitute, the ayes were 44, nays 1, and the substitute was adopted.

590

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the adoption of the resolution, was agreed to by substitute.

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 Edenfield Eldridge Fincher of 51st Fincher of 54th Foster Gayner Gillis Gregory

Hall Hill Holloway Johnson of 42nd Kilpatrick Lee Maclntyre Miller Moore McGill McKenzie Noble Owens Padgett Plunkett

Rowan Salome Sanders Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Wesberry Yancey

Voting in the negative was Senator Downing.

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

On the adoption of the resolution, the ayes were 43, nays 1.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted by substitute.
Senator Smalley of the 28th asked unanimous consent that SR 8 be im mediately transmitted to the House.
The consent was granted.
SR 25. By Senators Webb of the llth and Jackson of the 16th: A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the additional taking and damaging of private property, or easements

THURSDAY, FEBRUARY 10, 1966

591

or other interest in such property, by the state, for the purpose of condeming and removing existing outdoor advertising on such property within a distance of 660 feet from the right-of-way line of any stateaid road, or junk yards or other installations, which may be declared to be unsightly and to interfere with the aesthetic beauty of the high way and surrounding landscape by a proper resolution of the State Highway Board of Georgia, and which exist upon such property within a distance of 1,000 feet from the right-of-way line of such highway; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article I, Section III, Paragraph I of the Constitution is hereby amended by adding at the end thereof a new subparagraph to be known as Subparagraph (A) and to read as follows:

"(A) The State of Georgia, acting by and through the State Highway Department of Georgia, is hereby authorized to acquire, either by negotiation or through the exercise of the power of eminent domain, upon the payment of just and adequate compensa tion, easements or other interest in private property, for the purpose of acquiring the title to and the right to remove, or require removal, of any billboards, or other outdoor advertising, which may exist upon such property at the time of the ratification of this amendment, and within a distance of 660 feet of the rightof-way line of any state-aid highway. The necessity for such acquisition, as a part of the state-aid system of public roads, is hereby declared, in order to avoid the loss of large sums of money which would be otherwise granted to the state to assist in the con struction and maintenance of such road system.

"The state, acting by and through the State Highway Depart ment of Georgia, shall be further authorized to acquire, either by negotiation or through the exercise of the power of eminent domain, upon payment of just and adequate compensation, easements or other interest in land within a distance of 1,000 feet of any stateaid road, for the purpose of requiring the owners of junk yards existing upon such property to remove the same, or to screen them from public view, in accordance with regulations which the State Highway Board of Georgia are hereby authorized to make and publish in such respect. The necessity for the acquisition of such property rights is hereby declared, as being necessary to the stateaid road system of this state, in order to prevent the loss of large sums of Federal money, which the state would otherwise receive from the United States Government."

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

592

JOURNAL OF THE SENATE,

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

"YES ( ) Shall the Constitution be amended so as to provide for the payment for taking or damaging private
NO ( ) property for public road and street purposes, in order to authorize the state to require the removal of exist ing outdoor advertising, and the removal or screening of existing outdoor junk yards or other installations interfering with the natural beauty of the highway and surrounding landscape, so as to prevent the loss of large sums of Federal money?"

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 Committee on Rules offered the following substitute:
A RESOLUTION
Proposing an amendment to the Constitution so as to enable the State of Georgia and its Highway Department to fully comply with that certain Act of the Congress of the United States, known as public Law 89-285, 89th Congress, S.2084, approved October 22, 1965, and which said Public Law amended Section 131 of Title 23, United States Code, and revised the same so as to provide for the "CONTROL OF OUTDOOR ADVERTISING", on the Interstate or Primary Systems of Federal-Aid Highways; provided for bonus payments to the States complying with such Public Law, and also provided penalties for non-compliance; and which said described Public Law further amended Chapter 1 of Title 23 of said United States Code by adding thereto a new Section to pro vide for the "CONTROL OF JUNK YARDS", on such Interstate and Primary Systems of Federal-Aid Highways, and provided that Federal funds available to the States for Highway purposes should be reduced by 20 percent for failure to comply with such provisions; and which said Public Law further amended and revised Section 319 of Title 23 of said United States Code so as to provide for a "LANDSCAPING AND SCENIC ENHANCEMENT", and which amendment and revision of said Section provided for a bonus of 3 percent of Federal Funds, otherwise available to the State, as an incentive for compliance with said provision of said Public Law; to provide that this amendment shall be restricted to those highways of the State-Aid Road System, which are designated as parts of the Interstate or Primary Federal-Aid Road Systems and which are constructed either in whole or in part with monies received by the State from the Highway Trust Fund, controlled

THURSDAY, FEBRUARY 10, 1966

593

by the Secretary of Commerce of the United States, and the United States Bureau of Public Roads; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article I, Section II, Paragraph I of the Constitution is hereby amended by adding at the end thereof a new subparagraph to be known as Subparagraph (A) and to read as follows:

"(A) In order to fully comply with that certain Act of the Congress of the United States, known as Public Law 89-285, 89th Congress, S.2084, approved October 22, 1965, and which said Public Law amended Section 131 of Title 23, United States Code, and revised the same so as to provide for the "CONTROL OF OUT DOOR ADVERTISING" on the Interstate or Primary Systems of Federal-Aid Highways; provided for bonus payments to the States complying with such public law, and also provided penalties for non-compliance; and which said described Public Law further amended Chapter 1 of Title 23 of said United States Code by adding thereto a new Section to provide for the "CONTROL OF JUNK YARDS", on such Interstate and Primary Systems of Federal-Aid Highways, and provided that Federal funds available to the States for highway purposes should be reduced by 20 percent for failure to comply with such provisions; and which said Public Law further amended and revised Section 319 of Title 23 of said United States Code so as to provide for a "LANDSCAPING AND SCENIC ENHANCEMENT", and which amendment and revision of said Section provided for a bonus of 3 percent of Federal funds, other wise available to the State, as an incentive for compliance with said provision of said Public Law; and, in order to promote the reasonable, orderly, and effective display of Outdoor Advertising, in accordance with the provisions of said described Act of the Congress of the United States, and consistent with the purposes of this provision of the Constitution, the State of Georgia, acting by and through the State Highway Department of Georgia, is hereby authorized to acquire, either by negotiation or through the exercise of the Power of Eminent Domain, upon the payment of just and adequate compensation, easements or other interests in private property, for the purpose of acquiring the title to and the right to remove, or require removal, of any billboards or other outdoor advertising which may exist upon such property at the time of the ratification of this amendment, and within a distance of 660 feet of the nearest edge of the right-of-way line of any State-Aid highway, which is a part of the Interstate or Primary System of Federal-Aid Highways,--provided, however, that, as to any such advertising sign, display, or device, lawfully in existence upon any of such described highways on September 1, 1965, the owner of such advertising sign, display, or device shall not be required to remove the same until July 1, 1970; and, as to such described sign, the provision of this amendment shall not become effective until said date of July 1, 1970, except that the State may acquire the right to remove the same by voluntary negotia tion with the owner thereof.

594

JOURNAL OF THE SENATE,

"The State, acting by and through the State Highway De partment of Georgia, shall be further authorized to acquire, either by negotiation or through the exercise of the Power of Eminent Domain, upon payment of just and adequate compensation, ease ments or other interest in land within a distance of 1,000 feet of the nearest edge of the right-of-way line of any State-aid road, which is a part of the Federal Interstate or Primary System of Highways, for the purpose of requiring the owners of junk yards existing upon such property to remove the same, or to screen them from public view, in accordance with regulations which the State Highway Board of Georgia is hereby authorized to make and publish in such respect, which regulations shall conform to and comply with such described Public Law;--provided, however, that any junk yard, which was in existence on the date of the approval of said described Public Law, on October 22, 1965, and which the Director of the State Highway Department finds as a practical matter cannot be screened, and which finding is approved by the Secretary of Commerce, acting by and through the United States Bureau of Public Roads, in accordance with sub-paragraph (h) of Title II of said Public Law, the owner of such described junk yard shall not be required to remove the same until July 1, 1970; and the provisions of this amendment, under such described circumstances, shall not be applicable except that the State Highway Department shall be authorized to acquire the right to remove said junk yard, or to screen the same in accordance with the requirements of said Public Law by voluntary negotiation; and with the further excep tion that where the Secretary of Commerce, acting by and through the United States Bureau of Public Roads, refuses to approve the continued maintenence of such junk yard until July 1, 1970, the provisions of this Act shall become immediately applicable upon a proper certificate being made and entered by the Director of the State Highway Department, showing the facts of such refusal.

"The necessity for such acquisition, as set forth in the preced ing paragraphs of this Section, as a part of that portion of the State-Aid System of Public Roads, which are also a part of the Federal Interstate or Primary System, is hereby declared, in order to avoid the loss of large sums of money which would be otherwise granted to the State in the construction and maintenance of such Road System by the United States Government.

"The General Assembly shall have full authority to zone proper ty within a distance of 1,000 feet of the nearest edge of the rightof-way line of any State-Aid Road, which is also a part of the Federal Interstate System or Primary System, for commercial or industrial purposes; and in respect thereto, to also zone such property in respect to the location of advertising signs, displays, or devices; or in respect to the establishment, removal, or control of junk yards; and to provide for rules and regulations governing both advertising and junk yards; all in conformanee to and in compliance with the provisions of said Public Law of the United States Congress.

"The General Assembly shall have full authority to enact such legislation as will enable this State, acting by and through the

THURSDAY, FEBRUARY 10, 1966

595

State Highway Department of Georgia, to fully comply with Title III of said described Public Law, and in respect to "LANDSCAP ING AND SCENIC ENHANCEMENT"; and in such manner as to enable this State to take advantage of the bonus payment to the State from the Federal Government, as provided for in said Title."

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

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

"YES ( ) Shall the Constitution be amended so as to provide for the payment for taking or damaging private property for public road and street purposes, in order
NO ( ) to authorize the state to require the removal of exist ing outdoor advertising, and the removal or screening of existing outdoor junk yards or other installations interfering with the natural beauty of the highway and surrounding landscape, so as to prevent the loss of large sums of Federal money?"

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 amend 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.

On the adoption of the substitute, the ayes were 36, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

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

596

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Adams Ballew Broun Carter Coggin Dean Edenfield Eldridge Fincher of 54th Foster Gayner Gillis Gregory Hall Hill

Holley Holloway Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish McGill McKenzie Noble

Owens Padgett Plunkett Rowan Sanders Searcey Smalley Smith Spinks Thompson Ward Webb Wesberry Yancey

Voting in the negative was Senator Downing.

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

On the adoption of the resolution, the ayes were 44, nays 1.

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

SB 174. By Senators Broun of the 46th and Hall of the 52nd:
A bill to amend an act establishing a retirement system in the State public schools, as amended, so as to provide that any member of the teachers' retirement system may make voluntary contributions to said system for the benefit of such member provided such member agrees to certain regulations; and for other purposes.

The report 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.

THURSDAY, FEBRUARY 10, 1966

597

SB 137. By Senators Webb of the llth, Johnson of the 42nd, Gillis of the 20th, Lee of the 47th and Flowers of the 10th:
A bill to amend an act establishing the State Employees' Retirement System, as amended, so as to provide for benefits for future employees under the involuntary separation provisions; and for other purposes.

Senator Webb of the llth offered the following amendment:
Amend SB 137 by striking the word "who" where it appears in the first sentence of quoted paragraph (h) of Section 1 between the figure "1966" and the word "becomes", and inserting in lieu thereof the following:
"who has the required years of service under the involuntary separation provisions of this law and who meets all the other re quirements of such provisions and".

On the adoption of the amendment, the ayes were 28, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
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 followingbill of the House to-wit:
HB 478. By Mr. Lane of the 64th: A bill to amend Code Section 47-107, relating to the per diem and mile age of members of the General Assembly so as to provide for an annual salary, expense and mileage for members o.f the General Assembly; and for other purposes.

598

JOURNAL OF THE SENATE,

Senator Hill of the 29th, Chairman of the Committee on Senate Administra tive Affairs, submitted the following report:

Mr. President:

Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for trans mission to the House of Representatives.
SB 40. SB 45. SB 124. SB 130. SB 159. SB 166. SB 178. SB 199. SR 8. SR 25.
Respectfully submitted, Hill of the 29th District, Chairman.

The following bill was introduced, read the first time, and referred to com mittee :

HB 478. By Mr. Lane of the 64th:
A bill to amend Code Section 47-107, relating to the per diem and mileage of members of the General Assembly so as to provide for an annual salary, expense and mileage for members of the General Assem bly; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

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, FEBRUARY 11, 1966

599

Senate Chamber, Atlanta, Georgia, Friday, February 11, 1966.

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 Earl Seckinger, pastor, First Methodist Church, Commerce, Georgia.

Prayer was offered by the Reverend Bryan Edwards, pastor, First Baptist Church, Maysville, 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 Gayner Gillis Gregory 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 Plunkett Rowan Salome Sanders Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Wesberry Yancey

Senator Hill of the 29th reported that the journal of yesterday's proceedings had been read and found correct.

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

Senator 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.

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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, in such order as the presiding officer may in his discretion choose.

The consent was granted.

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

HR 23. My Mr. Lovell of the 6th: A resolution compensating Mr. Clayton Ramey; and for other purposes.

HR 93. By Mr. Overby of the 16th: A resolution to compensate Den M. Acres, Jr.; and for other purposes.

HR 177. By Mr. Harris of the 118th: A resolution compensating Mr. and Mrs. Samuel C. Williams; and for other purposes:
HR 192. By Mr. Rainey of the 68th: A resolution to compensate William Myers Brock; and for other pur poses.
HR 189. By Mr. Collins of the 62nd: A resolution compensating Deputy Sheriff Dessie Kea; and for other purposes.
HR 227. By Mr. Overby of the 16th: A resolution compensating William T. Bell; and for other purposes.

FRIDAY, FEBRUARY 11, 1966

601

HR 229. By Mr. Maddox of the 8th: A resolution compensating Mr. Joe B. Bunch; and for other purposes.

HR 230. By Mr. Maddox of the 8th: A resolution compensating Mr. William Walraven; and for other pur poses.
HR 231. By Mr. Maddox of the 8th: A resolution compensating Easter Faye Garrett; and for other pur poses.

HR 249. By Mr. Johnson of the 25th: A resolution compensating Alan Vaughter; and for other purposes.

HR 260. By Mr. Wilson of the 102nd: A resolution compensating Mr. Clyde Glore; and for other purposes.

HR 251. My Mr. Barber of the 24th: A resolution compensating Mr. J. W. Keith; and for other purposes.

HR 252. By Mr. Barber of the 24th:
A resolution compensating Mr. Daniel L. Sailors; and for other pur poses.

HR 259. By Mr. Wilson of the 102nd:
A resolution compensating A. L. Hyde and Harold Hyde; and for other purposes.

HR 287. By Messrs. McCracken of the 49th, Phillips of the 41st, and others:
A resolution creating the Rivers and Harbors Development Commission of the State of Georgia; and for other purposes.

HR 167. By Mr. Fleming of the 106th:
A resolution relative to a monument for the 1st Cavalry Division; and for other purposes.

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JOURNAL OF THE SENATE,

HR 244. By Messrs. Smith, Mitchell and Leonard of the 3rd:
A resolution declaring certain property of the State surplus, authorizing the State Properties Control Commission to sell such property; and for other purposes.

HB 324. By Messrs. Newton of the 94th, Marshall of the 30th, Lowrey of the 13th, Collins of the 88th, Reaves of the 99th and Black of the 56th:
A bill to amend an act known as the "Structural Pest Control Act", so as to provide for the election of a Vice-Chairman from the member ship of the Commission; and for other purposes.

HB 631. By Messrs. Watkins of the 9th, Roach of the 15th, Otwell of the 10th and Duncan of the 4th:
A bill to amend an act supplementing the salary of the Judge of the Superior Courts of the Blue Ridge Judicial Circuit, so as to increase the amounts of compensation paid to said Judge by the counties in corporated in the Blue Ridge Judicial Circuit for the purpose of allowing said Judge to hire clerical personnel; and for other purposes.

HB 170. By Messrs. Pickard, Brinkley and Jones of the 112th, Berry of the 110th, Shields and Thompson of the lllth:
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 remove the resident requirements of persons learning the barber trade; and for other purposes.

HB 603. By Messrs. Farrar, Levilas, Walling and Harris of the 118th, Palmer, Carley, Malone and Vaughn of the 117th, and others:
A bill to amend an act providing for the appointment of Assistant Solicitors General of the Stone Mountain Judicial Circuit, so as to provide for the appointment of Assistants to the Solicitor General of the Stone Mountain Judicial Circuit; and for other purposes.

HB 653. By Mr. Steis of the 100th:
A bill to amend Code Chapter 40-20, relating to automobile and mileage allowances for State officers, officials and employees, so as to provide an allowance for said State employees, when traveling other than as a fare-paying passenger in service of the State thereof by private airplane; and for other purposes.

HB 580. By Mr. Dickinson of the 27th:
A bill to create within Douglas County a board to administer programs of retirement and/or employment for the employees of Douglas County; and for other purposes.

FRIDAY, FEBRUARY 11, 1966

603

HB 581. By Mr. Dickinson of the 27th:
A bill to create a development authority for the City of Douglasville and Douglas County; and for other purposes.

HB 582. By Mr. Dickinson of the 27th:
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; so as to change the compensation of the clerk of the superior court; and for other purposes.

HB 583. By Mr. Clark of the 2nd:
A bill to amend an act relating to changing the compensation of the ordinary and the superior court of Catoosa County, so as to increase the allowance of clerical help for the clerk of the superior court and the ordinary; and for other purposes.

HB 584. By Mr. Clark of the 2nd:
A bill to amend an act creating the office of tax commissioner of Catoosa County, so as to increase the clerical assistance allowance of the tax commissioner; and for other purposes.

HB 585. By Mr. Clark of the 2nd:
A bill to amend an act creating the office of Commissioner of roads and Revenues of Catoosa County, so as to increase the compensation of the clerical assistant to the commissioner; and for other purposes.

HB 586. By Mr. Smith of the 44th:
A bill to amend an act prescribing the time for holding the superior Court of Lamar County; so as to change the time for holding said Court; and for other purposes.

HB 587. By Mr. Smith of the 44th:
A bill to amend an act to establish a new charter for the town of Milner, Lamar County; so as to change the term of the offices of the Mayor and Councilmen; and for other purposes.

HB 588. By Mr. Harris of the 85th:
A bill creating a Board of Commissioners of Roads and Revenues for Glynn County, so as to authorize said Commissioners to license and regulate business in unincorporated areas of Glynn County; and for other purposes.

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JOURNAL OF THE SENATE,

HB 589. By Mr. Johnson of the 40th:
A bill to amend an act placing the county officers of McDuffie County upon an annual salary, so as to increase the expense allowance au thorized for the sheriff to use for hiring deputies; and for other purposes.

HB 592. By Messrs. Peterson and Stalnaker of the 59th: A bill to amend an act creating a new charter for the City of Perry, so as to increase the maximum compensation authorized for councilmen; and for other purposes.
HB 593. By Messrs. Peterson and Stalnaker of the 59th: A bill to abolish the present mode of compensating the coroner of Houston County, known as the fee system; and for other purposes.
HB 594. By Mr. Brackin of the 87th: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Miller County, so as to change the provisions relating to the compensation of members of the Board other than the Chairman; and for other purposes.
HB 595. By Messrs. Simkins of the 106th, Sherman and DeLong of the 105th: A bill to amend an act relating to the establishment of the Charter of the City of Augusta, so as to provide that the person elected as mayor shall receive a majority of the votes cast, and each person elected as a member of the Council shall receive a majority of the votes cast for the office for which he offers as a candidate; and for other purposes.
HB 596. By Messrs. Blalock and Davis of the 33rd: A bill to amend an act establishing the City Court of Newnan, so as to change the name of said Court to the Civil and Criminal Court of Coweta County; and for other purposes.

HB 597. By Messrs. McClatchey of the 138th, Townsend of the 140th, Lea of the 126th, Carnes of the 129th, and others:
A bill to amend an act providing for pensions for members of Police Department in cities having a population of 150,000 or more, so as to provide that fractional parts of years shall be counted in determining the number of years of service with respect to partial pensions, pensions for total and permanent disability; and for other purposes.

FRIDAY, FEBRUARY 11, 1966

605

HB 598. By Messrs. McClatchey of the 138th, Townsend of the 140th, Lea of the 126th, Games of the 129th, 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 so as to provide that fractional parts of years shall be counted in determining the number of years of service with respect to partial pensions; pensions for total and permanent disability; and for other purposes.

HB 599. By Mr. Alien of the 93rd:
A bill to amend an act placing the tax commissioner of Tift County on an annual salary, so as to allow for the disposition of certain fees and commissions of the tax commissioner earned prior to the effective date of said act; and for other purposes.

HB 600. By Mr. Alien of the 93rd:
A bill to amend an act placing the clerk of the superior court of Tift County on an annual salary, so as to allow for the disposition of certain fees and commissions of the clerk of the superior court earned prior to the effective date of said act; and for other purposes.

HB 604. By Mr. Mixon of the 81st:
A bill to amend an act creating a new charter for the City of Ashburn, so as to number the positions on the council for election purposes; and for other purposes.

HB 605. By Mr. Mixon of the 81st:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Irwin, so as to change the salary of the clerk; and for other purposes.

HB 606. By Mr. Mixon of the 81st:
A bill to abolish the present method of compensating the sheriff of Irwin County, known as the fee system; and for other purposes.

HB 607. By Mr. Mixon of the 81st:
A bill creating a new charter for the City of Ashburn, so as to extend the present corporate limits of said city to include certain additional territory to be north and east in the County of Turner continguous and adjacent to existing boundaries of said City; and for other purposes.

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JOURNAL OF THE SENATE,

HB 608. By Messrs. Rowland and Carr of the 48th:
A bill to amend an act establishing the City Court of Wrightsville, so as to provide an annual salary in lieu of the fee system of compensation for the solicitor of said court; and for other purposes.

HB 609. By Messrs. Carr and Rowland of the 48th:
A bill to amend an act creating the City Court of Washington County, so as to change the salaries of the judge and the solicitor of said court; and for other purposes.

HB 610. By Mr. McCracken of the 49th:
A bill to amend the charter of the City of Wadley, relating to the election of Mayor and Councilmen; and for other purposes.

HB 611. By Mr. Clarke of the 45th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Butts County, so as to change the Compensation of the commissioners; and for other purposes.

HB 612. By Mr. Clarke of the 45th:
A bill to amend an act changing the compensation of the ordinary of Butts County from the fee system to the salary system; so as to change the allowance provided for said Ordinary for clerical assistance; and for other purposes.

HB 613. By Mr. Clarke of the 45th:
A bill to be entitled an act to amend an act changing the the compensa tion of the sheriff of Butts County from the fee system to the salary system, so as to change the compensation of the sheriff; and for other purposes.
HB 614. By Mr. Clarke of the 45th:
A bill to amend an act changing the compensation of the Tax Collector of Butts County from the fee system to a system whereby such Tax Collector shall be entitled to certain commissions and a salary, so as to change the amount provided for said Tax Collector for clerical assist ance; and for other purposes.

HB 615. By Mr. Clarke of the 45th:
A bill to amend an act creating a new charter for the City of Jackson, so as to provide for the annexation of certain additional territory into

FRIDAY, FEBRUARY 11, 1966

607

the corporate limits of the City of Jackson, to designate such additional annexed territories as the 5th Ward; and for other purposes.

HB 616. By Mr. Clarke of the 45th:
A bill to repeal an act incorporating the Town of Pepperton in Butts County; and for other purposes.

HB 617. By Messrs. Carley, Palmer, Malone and Vaughn of the 117th, Levitas, Walling, Harris and Farrar of the 118th and others:
A bill to amend an act providing a salary for the official court reporter of the Stone Mountain Judicial Circuit, so as to increase the compensa tion of the official court reporter; and for other purposes.

HB 619. By Mr. Bowen of the 69th:
A bill to provide a salary for the Coroner of Dooly County in lieu of fees; and for other purposes.

HB 620. By Messrs. Busbee, Lee, Odom and Hutchinson of the 79th:
A bill to provide for appointments to and for the filling of vacancies on the Albany-Dougherty Hospital Authority; and for other purposes.

HB 621. By Messrs. Mitchell, Smith and Leonard of the 3rd:
A bill amending the charter of the City of Dalton, by incorporating in said city certain lands and territory located in Land Lot No. 163 in the 12th District and 3rd Section of Whitfield County; and for other purposes.

HB 623. By Messrs. Mitchell, Smith and Leonard of the 3rd:
A bill to authorize the governing authority of Whitfield County to provide group insurance policies for their regular employees; and for other purposes.

HB 624. By Messrs. Mitchell, Smith and Leonard of the 3rd:
A bill to amend an act consolidating, amending and codifying the various acts incorporating the City of Dalton, so as to change the maximum fine and punishment which may be imposed by said court; and for other purposes.

HB 625. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd, Wilson and Henderson of the 102nd:
A bill to amend an act incorporating the Town of Austell and reincorporating said town as a city, so as to increase the corporate limits; and for other purposes.

608

JOURNAL OF THE SENATE,

HB 627. By Mr. Ross of the 31st:
A bill to amend an act creating a Board of Commissioners of Roads and Revenue for Lincoln County, so as to change the provisions relating to the Ordinary of Lincoln County serving as clerk of the Board of Com missioners; and for other purposes.

HB 628. By Mr. Ross of the 31st:
A bill to amend an act to create a new charter for the City of Crawfordville, so as to change the time during which the polls shall be open; and for other purposes.

HB 629. By Mr. Ross of the 31st: A bill to amend an act to abolish the present mode of compensating the Sheriff of Taliaferro County, known as the fee system; and for other purposes.
HB 630. By Mr. Murphy of the 26th: A bill to amend an act consolidating the offices of tax receiver and tax collector of Haralson County into the office of tax commissioner of Haralson County, so as to provide clerical help for the tax commissioner; and for other purposes.
HB 639. By Mr. Thomas of the 77th: A bill to amend an act creating the City Court of Jesup, so as to change the terms of court of the city court of Jesup; and for other purposes.

HB 640. By Mr. Thomas of the 77th:
A bill to amend an act incorporating and creating a new charter for the City of Jesup, in Wayne County, so as to authorize the board of com missioners to fix the salary of the City manager and the city recorder, within a certain salary range; and for other purposes.

HB 641. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd, Wilson and Henderson cf the 102nd:
A bill to amend an act creating the Civil and Criminal Court of Cobb County, so as to provide for an additional judge; and for other purposes.

HB 643. By Mr. Hadaway of the 46th:
A bill to amend an act fixing the compensation of the County Treasurer of Jasper County; and for other purposes.

FRIDAY, FEBRUARY 11, 1966

609

HB 644. By Messrs. Minge, Lowrey and Starnes of the 13th:
A bill to amend an act creating the city court of Floyd County, so as to delete therefrom those provisions relating to the compensation of the assistant solicitor of the city court of Floyd County and the secretary to the solicitor; and for other purposes.

HB 648. By Messrs. Overby, Williams and Wood of the 16th:
A bill to amend an act amending the charter of the City of Gainesville, so as to make certain changes in the retirement system for the em ployees of said city; and for other purposes.

HB 649. By Mr. Johnson of the 40th:
A bill to amend an act revising, consolidating and superseding the several acts incorporating the Town of Thomson, so as to increase the corporate limits; and for other purposes.

HB 650. By Messrs. Fleming and Simkins of the 106th, DeLong and Sherman of the 105th, Hull and Snellings of the 104th:
A bill to amend an act incorporating the City of Augusta and providing a charter thereof, so as to provide that the City of Augusta shall pay certain law enforcement officers of the city who are required to testify in the recorder's court on their off days; and for other purposes.

HB 654. By Messrs. Dixon and Sweat of the 83rd:
A bill to amend an act establishing a new charter for the City of Waycross, so as to provide that the city clerk shall be appointed by the city manager with the approval of the commission; and for other pur poses.
HB 655. By Messrs. Dixon and Sweat of the 83rd:
A bill to repeal an act amending the Charter of the City of Waycross, so as to provide for park and tree and zoning commission in lieu of the present park and tree commission; and for other purposes.

HB 656. By Messrs. Dixon and Sweat of the 83rd:
A bill to amend an act establishing a new charter for the City of Waycross, so as to change the date on which municipal elections are held; and for other purposes.

HB 637. By Messrs. Etheridge of the 123rd, Lambros of the 130th, Dillon of the 128th, Games of the 129th and others:
A bill to provide that in certain counties Judges Emeritus of any Court established in lieu of Justice Courts shall be entitled to office space and

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JOURNAL OF THE SENATE,

adequate secretarial assistance upon the request of such Judges Em eritus; and for other purposes.

HB 645. By Messrs. Minge, Lowrey and Starnes of the 13th:
A bill to amend an act placing the solicitor general of the Rome Judicial Circuit on an annual salary, so as to change the compensation of the assistant solicitor general of the Rome Judicial Circuit and the clerktypist; and for other purposes.

HB 314. By Messrs. Bedgood and Matthews of the 29th, Lowrey and Starnes of the 13th, Anderson of the 71st, Hadaway of the 46th and many others:
A bill to amend an act entitled the "Georgia Retailers' Consumers' Sales and Use Tax Act", so as to exempt therefrom certain transactions wherein personal property is furnished by certain governmental units for the purpose of installing, repairing or extending water, gas or sewage system; and for other purposes.

HB 579. By Mr. Ployd of the 7th:
A bill to amend Code Section 88-1812, relating to the levy of tax by counties, cities and towns and that hospital authorities are without the power to tax, so as to provide that the revenues raised may also be used to pay the cost of retiring, refinancing or refunding any outstand ing debt or other obligation of any nature incurred by such authority; and for other purposes.

HB 222. By Messrs. Evenson, Westlake and Higginbotham of the 119th, Dollar of the 89th, Tucker of the 36th, Johnson of the 40th and others:
A bill to amend Code Section 92-2901 relating to the definition of certain terms insofar as they are used for the purpose of the motor vehicle license tax, so as to exclude from the definition of a truck motor vehicles which have been designed primarily for the purpose of transporting passengers; and for other purposes.

HB 495. By Mr. Lambert of the 38th:
A bill to prohibit the use of alternately flashing blue lights on any motor vehicle, except vehicles belonging to any federal, State, county or municipal police or fire department; and for other purposes.

HR 161. By Mr. Clark of the 2nd:
A resolution proposing an amendment to the Constitution so as to re move the authority of the board of tax administrators for Catoosa County to levy taxes; and for other purposes.

FRIDAY, FEBRUARY 11, 1966

611

HR 263. By Mr. Clarke of the 45th:
A resolution proposing an amendment to the Constitution so as to create the Monroe County Development Authority; and for other pur poses.

HR 265. By Messrs. Davis and Blalock of the 33rd:
A Resolution proposing an amendment to the Constitution so as to create the Heard County Development Authority; and for other purposes.

HR 273. By Messrs. Lane and Nessmith of the 64th:
A resolution proposing an amendment to the Constitution so as to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Statesboro and Bulloch County Development Authority; and for other purposes.

HR 274. By Messrs. Blalock and Davis of the 33rd:
A resolution proposing an amendment to the Constitution so as to create the Coweta County Development Authority; and for other purposes.

HB 537. By Messrs. Dorminy of the 72nd, Bowen of the 69th, Doster of the 73rd and Rainey of the 69th:
A bill to place the solicitor general of the Cordele Judicial Circuit upon an annual salary; and for other purposes.

HR 243. By Mr. Harris of the 85th:
A resolution proposing an amendment to the Constitution so as to authorize the governing body of the City of Brunswick to levy an annual ad valorem tax upon the taxable property located in that district and area within said city described as Downtown Brunswick and to provide for the powers;, authority, funds, purposes, and procedure con nected therewith; and for other purposes.

HR 264. By Messrs. Wilson and Henderson of the 102nd, Jordan of the 103rd and McDaniell of the 101st:
A resolution proposing an amendment to the Constitution so as to provide for special qualifications for electors which shall be eligible to vote in any election conducted within Cobb County prior to Cobb County or any political subdivision located therein incurring indebted ness; and for other purposes.

612

JOURNAL OF THE SENATE,

HR 266. By Mr. Rainey of the 69th:
A resolution proposing an amendment to the Constitution so as to au thorize the City of Cordele to issue revenue bonds for the purpose of financing the costs of paving or other wise repairing and constructing streets and sidewalks and the relocation and repairing of utility and drainage facilities, and to assess the cost thereof against abutting prop erty owners for repayment of bonds; and for other purposes.

HR 271. By Mr. Grahl of the 52nd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to consolidate and combine the offices of the clerk of the superior court and ordinary of Crawford County into one office; and for other purposes.

HR 272. By Mr. Paris of the 23rd:
A resolution proposing an amendment to the Constitution so as to create the Barrow County School system by merging the independent school system of the City of Winder and the county school system of Barrow County into one school district; to create a Board of Education of said system; to provide for the appointment of a school superintendent and for other purposes.

HR 281. By Messrs. Collins of the 62nd and Underwood of the 61st:
A resolution proposing an amendment to the Constitution so as to au thorize the Vidalia Development Authority to extend its activities into Montgomery County and to provide the procedure connected therewith; and for other purposes.

HR 283. By Messrs. Smith, Mitchell and Leonard of the 3rd:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Whitfield County to license and otherwise regulate the hauling, dumping, burning and other related matters of materials in said county; and for other purposes.

HR 284. By Messrs. Gary, Lee and Harrell of the 35th:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Clayton County to levy a tax not exceeding I/4th the mill on all of the taxable property in the county, for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Clayton County; and for other purposes.

FRIDAY, FEBRUARY 11, 1966

613

SB 39. By Senator Hill of the 29th:
A bill to amend an act providing and establishing a charter for the City of Woodbury in the County of Meriwether, so as to provide for a majority vote for the offices of mayor and a eouncilmen; and for other purposes.

SB 99. By Senator Hill of the 29th:
A bill to amend an act incorporating the Town of Greenville, so as to change the corporate limits of said city; and for other purposes.

SB 180. By Senator Eldridge of the 7th:
A bill to amend an act creating the County Court of Atkinson County, so as to change the qualifications of the judge of said court; and for other purposes.

SB 94. 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.

HB 337. By Mr. Jones of the 76th:
A bill to amend Code Section 92-2406, relating to taxation of shares of banks and banking associations organized under authority of this State or the United States, so as to provide for the proper calculation of the market value of the shares of such a bank, by fixing the market value of the shares as the capital ,surplus and undivided profits; and for other purposes.

HR 285. By Messrs. Newton and Lewis of the 50th:
A resolution to authorize the Governor to execute a deed to the United States conveying a certain tract or parcel of land now owned by the State, located in Jenkins County and is now a part of Magnolia Springs State Park, to be used by the United States Department of the Interior, Fish and Wildlife Service, for the purpose of constructing buildings for a fish hatchery; and for other purposes.

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

HB 193. By Messrs. Lowrey of the 13th, Newton of the 94th, Russell and Oglesby of the 92nd, Reaves of the 99th, Wells of the 30th, Overby and Williams of the 16th:
A bill to amend Code Chapter 42-2, relating to concentrated commercial feeding stuffs, so as to change the inspection fee upon concentrated com mercial feeding stuffs; and for other purposes.

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JOURNAL OF THE SENATE,

HB 480. By Mr. Egan of the 141st:
A bill to provide for personal jurisdiction over any non-domiciliary, or his executor or administrator, as to a cause of action arising from the transaction of business within the state, or the commission of a tortious act within the state, or owning1, using or possessing real prop erty situated within the stat; and for other purposes.

HB 664. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, and Harris of the 118th:
A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1966, and for the fiscal year ending June 30, 1967, in addition to any other appropriations heretofore or hereafter made for the operation of the agency of the State provided for herein; and for other purposes.

HB 691. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, and Harris of the 118th:
A bill to amend an act providing appropriations for the State Govern ment for the fiscal year 1965-66 and the fiscal year 1966-67, so as to reduce the appropriation for the Governor's Emergency Fund; to in crease the appropriation for the State Board of Correction; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the House to-wit:
HB 36. By Messrs. Murphy of the 26th, Matthews of the 29th, Paris of the 23rd and Overby of the 16th:
A bill to amend Code Title 27, relating to criminal procedure, so as to delete therefrom the requirement that a jury be present in order that an appearance bond or recognizance may be forfeited; and for other purposes.
HB 206. By Mr. Hullof the 104th:
A bill to amend an act relating to insurance, so as to delete the requirements of the minimum capital required to be invested in cash and in certain type securities and to substitute other requirements as to the investment of such minimum capital; and for other purposes.

HB 619. By Messrs. Caldwell of the 51st, Peterson of the 59th and Doster of the 73rd:
A bill to amend an act providing retirement benefits for the clerks of the superior courts of Georgia, so as to provide that the delinquent

FRIDAY, FEBRUARY 11, 1966

615

payments required to be made into the fund by the clerks shall bear interest; and for other purposes.

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

SB 223. By Senators Rowan of the 8th and Kendrick of the 32nd:
A bill relating to deposit of costs by a non-resident plaintiff to require every plaintiff to make a deposit on account of costs when he files his suit; and for other purposes.
Referred to Committee on Judiciary.

SB 224. By Senator Fincher of the 54th:
A bill relating to hospital authorities to remove the provisions relating to compensation of members of a hospital authority for services as an employee; and for other purposes.
Referred to Committee on Rules.

SB 225. By Senator Padgett of the 23rd:
A bill to establish and create the Office of Building Inspector for Rich mond County, Georgia; to provide for the method and manner of his appointment; to provide for his salary and duties; to provide for his assistants and clerks; to provide for an appeal; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 226. By Senator Hall of the 52nd:
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", so as to change the provisions relating to the designation, appointment and terms of office of the members of the Board of Trustees of the Teachers' Retirement System of Georgia; and for other purposes.
Referred to Committee on Retirement.

SB 227. By Senator Maclntyre of the 40th:
A bill relating to the authority of the State Highway Department to construct, improve, and maintain State-aid roads and the condemnation of the rights-of-way to provide for the acquisition of rights-of-way in advance of need; and for other purposes.
Referred to Committee on Highways.

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JOURNAL OF THE SENATE,

SB 228. By Senator Maclntyre of the 40th:
A bill to amend an act authorizing the establishment of limited-access highways in this State to provide for the acquisition of rights-of-way in advance of need ;and for other purposes.
Referred to Committee on Highways.

SB 229. By Senator Minish of the 48th:
A bill to amend an act creating a new judicial circuit for the State of Georgia known as the Gwinnett Judicial Circuit so as to increase the salary of the Solicitor General; and for other purposes.
Referred to Committee on Judiciary.

SB 230. By Senators Miller of the 43rd, Minish of the 48th, Adams of the 26th, Hill of the 29th, Gillis of the 20th and others:
A bill to prohibit certain persons from speaking or entertaining at State supported colleges or universities; and for other purposes.
Referred to Committtee on Rules.

SB 231. By Senator Downing of the 1st:
A bill relating to the purposes for which the funds of the Department of Public Health may be used to provide that such funds may be used for the correction of physical defects and disfigurements to the human anatomy; and for other purposes.
Referred to Committee on Health and Welfare.

SB 232. By Senators Rowan of the 8th, Spinks of the 9th, Smith of the 18th, and Holloway of the 12th:
A bill to amend an act entitled the "Motor Vehicle Certificate of Title Act" to repeal the provisions requiring the titling of all motor vehicles by a certain date; and for other purposes.
Referred to Committee on Judiciary.

SB 233. By Senator Downing of the 1st:
A bill relating to mileage allowance for State officers, officials and employees to change the mileage allowance for said employees; and for other purposes.
Referred to Committee on Rules.

FRIDAY, FEBRUARY 11, 1966

617

SB 234. By Senators Wesberry of the 37th, Thompson of the 34th, Coggin of of the 35th, Ward of the 39th, and others:
A bill relating to interests on taxes due the state and county to provide that in certain counties the minimum interest payment shall be one dollar; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 235. By Senators Johnson of the 38th, Salome of the 36th, Ward of the 39th, and Thompson of the 34th:
A bill 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 to provide that in certain counties property moved away from the premises shall be placed in storage; and for other purposes.
Referred to Committee on Judiciary.

SB 236. By Senators Holley of the 22nd and Padgett of the 23rd:
A bill to amend an act establishing and creating a municipal court in and for the City of Augusta so as to change the compensation of cer tain officers and personnel of said court; and for other purposes.
Referred to Committee on County and Municipal Governments.

SR 74. By Senators Broun of the 46th, Carter of the 14th, Plunkett of the 30th and Flowers of the 10th:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to appropriate funds to the State Scholar ship Commission for the purpose of being used to obtain funds from the Federal Government and to use such funds for the purposes authorized and directed by the Federal Government in making such funds available; and for other purposes.
Referred to Committee on Appropriations.

SR 77. By Senator McKenzie of the 17th:
A resolution creating the Uninsured Motorists Fund Study Committee; and for other purposes.
Referred to Committee on Rules.

SR 78. By Senators Rowan of the 8th and Kendrick of the 32nd:
A resolution proposing an amendment to the Constitution so as to change the jurisdiction of justices of the peace in civil cases; and for other purposes.
Referred to Committee on Judiciary.

618

JOURNAL OF THE SENATE,

SR 79. By Senator Ballew of the 50th:
A resolution proposing an amendment to the Constitution so as to create the City of Jasper Industrial Development Authority; and for other purposes.
Referred to Committee on County and Municipal Goverments.

SR 80. By Senator Webb of the llth: A resolution to create the Air Pollution Study Committee; and for other purposes.
Referred to Committee on Rules.
SR 81. By Senator Owens of the 49th: A resolution proposing an amendment to the Constitution so as to pro vide for four year terms for members of the General Assembly; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Rules.

HB 170. By Messrs. Pickard, Brinkley and Jones of the 112th, Berry of the 110th, Shields and Thompson of the lllth:
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 remove the resident requirements of persons learning the barber trade; and for other purposes.
Referred to Committee on Rules.

HB 222. By Messrs. Evenson, Westlake and Higginbotham of the 119th, Dollar of the 89th, Tucker of the 36th, Johnson of the 40th and others:
A bill to amend Code Section 92-2901 relating to the definition of certain terms insofar as they are used for the purposes of the motor vehicle license tax, so as to exclude from the definition of a truck motor vehicles which have been designed primarily for the purpose of of transporting passengers; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

HB 314. By Messrs. Bedgood and Matthews of the 29th, Lowrey and Starnes of the 13th, Anderson of the 71st, Hadaway of the 46th and many others:
A bill to amend an act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt therefrom certain transactions wherein personal property is furnished by certain governmental units

FRIDAY, FEBRUARY 11, 1966

619

for the purpose of installing, repairing or extending water, gas or sewage system; and for other purposes.
Referred to Committee on Banking and Finance.

HB 324. By Messrs. Newton of the 94th, Marshall of the 30th, Lowrey of the 13th, Collins of the 88th, Reaves of the 99th and Black of the 56th:
A bill to amend an act known as the "Structural Pest Control Act", so as to provide for the election of a Vice-Chairman from the membership of the Commission; and for other purposes.
Referred to Committee on Health and Welfare.

HB 337. By Mr. Jones of the 76th:
A bill to amend Code Section 92-2406, relating to taxation of shares of banks and banking associations organized under authority of this State of the United States, so as to provide for the proper calculation of the market value of the shares of such a bank, by fixing the market value of the shares as the capital, surplus and undivided profits; and for other purposes.
Referred to Committee on Banking and Finance.

HB 495. By Mr. Lambert of the 38th:
A bill to prohibit the use of alternately flashing blue lights on any motor vehicle, except vehicles belonging to any federal, State, county or municipal police or fire department; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

HB 537. By Messrs. Dorminy of the 72nd, Bowen of the 69th, Doster of the 73rd and Rainey of the C9th:
A bill to place the solicitor general of the Cordele Judicial Circuit upon an annual salary; and for other purposes.
Referred to Committee on County and Municipal Goverments.

HB 579. By Mr. Floyd of the 7th:
A bill to amend Code Section 88-1812, relating to the levy of tax by counties, cities and towns and that hospital authorities are without the power to tax, so as to provide that the revenues raised may also be used to pay the cost of retiring, refinancing or refunding any outstanding debt or other obligation of any nature incurred by such authority; and for other purposes.
Referred to Committee on Banking and Finance.

620

JOURNAL OF THE SENATE,

HB 580. By Mr. Dickinson of the 27th:
A bill to create within Douglas County a board to administer programs of retirement and/or employment for the employees of Douglas County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 581. By Mr. Dickinson of the 27th:
A bill to create a development authority for the City of Douglasville and Douglas County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 582. By Mr. Dickinson of the 27th:
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, so as to change the compensation of the clerk of the superior court; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 583. By Mr. Clark of the 2nd:
A bill to amend an act relating to changing the compensation of the ordinary and the superior court of Catoosa County, so as to increase the allowance of clerical help for the clerk of the superior court and the ordinary; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 584. By Mr. Clark of the 2nd:
A bill to amend an act creating the office of tax commissioner of Catoosa County, so as to increase the clerical assistance allowance of the tax commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 585. By Mr. Clark of the 2nd:
A bill to amend an act creating the office of commissioner of roads and revenue of Catoosa County, so as to increase the compensation of the clerical assistant to the commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.

FRIDAY, FEBRUARY 11, 1966

621

HB 586. By Mr. Smith of the 44th:
A bill to amend an act prescribing the time for holding the Superior Court of Lamar County, so as to change the time for holding said Court; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 587. By Mr. Smith of the 44th:
A bill to amend an act to establish a new charter for the Town of Milner, Lamar County, so as to change the term of the offices of the Mayor and Councilmen; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 588. By Mr. Harris of the 85th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenue for Glynn County, so as to authorize said Commissioners to license and regulate business in unincorporated areas of Glynn County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 589. By Mr. Johnson of the 40th:
A bill to amend an act placing the county officers of McDuffie County upon an annual salary, so as to increase the expense allowance authorized for the sheriff for the purpose of hiring deputies; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 592. By Messrs. Peterson and Stalnaker of the 59th:
A bill to amend an act creating a new charter for the City of Perry, so as to increase the maximum compensation authorized for councilmen; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 593. By Messrs. Peterson and Stalnaker of the 59th:
A bill to abolish the present mode of compensating the coroner of Houston County, known as the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 594. By Mr. Brackin of the 87th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenue for Miller County, so as to change the provisions relating to

622

JOURNAL OF THE SENATE,

the compensation of the members of the Board other than the Chairman; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 695. By Messrs. Simkins of the 106th, Serman and DeLong of the 105th:
A bill to amend an act relating to the establishment of the Charter of the City of Augusta, so as to provide that the person elected as mayor shall receive a majority of the votes cast, and each person elected as a member of the Council shall receive a majority of the votes cast for the office for which he offers as a candidate; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 596. By Messrs. Blalock and Davis of the 33rd:
A bill to amend an act establishing the City Court of Newnati, so as to change the name of said Court to the Civil and Criminal Court of Coweta County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 597. By Messrs. McClatchey of the 138th, Townsend of the 140th, Lea of the 126th, Carnes of the 129th, Lambros of the 130th and others:
A bill to amend an act providing for pensions for members of the Police Department in cities having a population of 150,000 or more, so as to provide that fractional parts of years shall be counted in determining the number of years of service with respect to partial pen sions, pensions for total and permanent disability; and for other pur poses.
Referred to Committee on County and Municipal Governments.

HB 598. By Messr. McClatchey of the 138th, Townsend of the 140th, Lea of the 126th, Carnes of the 129th, Lambros of the 130th 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, so as to provide that fractional parts of years shall be counted in determining the number of years of service with respect to partial pensions, pensions for total and permanent disability; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 599. By Mr. Alien of the 93rd:
A bill to amend an act placing the tax commissioner of Tift County upon an annual salary, so as to allow for the disposition of certain

FRIDAY, FEBRUARY 11, 1966

623

fees and commissions of the tax commissioner earned prior to the effective date of said Act; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 600. By Mr. Alien of the 93rd:
A bill to amend an act placing the clerk of the superior court of Tift County upon an annual salary, so as to allow for the disposition of certain fees and commissions of the clerk of the superior court earned prior to the effective date of said Act; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 603. By Messrs. Farrar, Levitas, Walling and Harris of the 118th, Palmer, Carley, Malone and Vaughn of the 117th and others:
A bill ,to amend an act providing for the appointment of Assistant Solicitors General of the Stone Mountain Judicial Circuit, so as to provide for the appointment of Assistants to the Solicitor General of the Stone Mountain Judicial Circuit; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 604. By Mr. Mixon of the 81st:
A bill to amend an act creating a new charter for the City of Ashburn, so as to number the positions on the council for election purposes; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 605. By Mr. Mixon of the 81st:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Irwin, so as to change the salary of the clerk; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 606. By Mr. Mixon of the 81st:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Irwin, so as to change the salary of the clerk; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 627. By Mr. Ross of the 31st:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Lincoln County, so as to change the provisions relating

624

JOURNAL OP THE SENATE,

to the Ordinary of Lincoln County serving as clerk of the Board of Commissioners; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 628. By Mr. Ross of the 31st:
A bill to amend an act creating a new charter for the City of Crawfordville, so as to change the time during which the polls shall be open; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 629. By Mr. Ross of the 31st:
A bill to amend an act to abolish the present mode of compensating the sheriff of Taliaferro County, known as the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 630. By Mr. Murphy of the 26th:
A bill to amend an act consolidating the offices of tax receiver and tax collector of Haralson County into the office of tax commissioner of Haralson County, so as to provide clerical help for the tax com missioner; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 631. By Messrs. Watkins of the 9th, Roach of the 15th, Otwell of the 10th and Duncan of the 4th:
A bill to amend an act supplementing the salary of the Judge of the Superior Courts of the Blue Ridge Judicial Circuit, so as to increase the amount of compensation paid to said Judge by the counties in corporated in the Blue Ridge Judicial Circuit for the purpose of allowing said Judge to hire clerical personnel; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 637. By Messrs. Etheridge of the 123rd, Lambros of the 130th, Dillon of the 128th, Carnes of the 129th and others:
A bill to provide that in certain counties Judges Emeritus of any Court established in lieu of Justice Courts shall be entitled to office space and adequate secretarial assistance upon the request of such Judges Emeritus; and for other purposes.
Referred to Committee on County and Municipal Governments.

FRIDAY, FEBRUARY 11, 1966

625

HB 639. By Mr. Thomas of the 77th:
A bill to amend an act creating the City Court of Jesup, so as to change the terms of court of the city court of Jesup; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 640. By Mr. Thomas of the 77th:
A bill to amend an act incorporating and creating a new charter for the City of Jesup, in Wayne County, so as to authorize the board of commissioners to fix the salary of the city manager and the city recorder, within a certain salary range; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 641. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd,
Wilson and Henderson of the 102nd. A bill to amend an act creating the Civil and Criminal Court of Cobb County, so as to provide for an additional judge; and for other pur poses.
Referred to Committee on County and Municipal Governments.

HB 643. By Mr. Hadaway of the 46th:
A bill to amend an act fixing the compensation of the County Treasurer of Jasper County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 644. By Messrs. Minge, Lowrey and Starnes of the 13th:
A bill to amend an act creating the city court of Floyd County, so as to delete therefrom those provisions relating to the compensation of the assistant solicitor of the city court of Floyd County and the secretary to the solicitor; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 645. By Messrs. Minge, Lowrey and Starnes of the 13th:
A bill to amend an act placing the solicitor general of the Rome Judicial Circuit on a annual salary, so as to change the compensation of the assistant solicitor general of the Rome Judicial Circuit and the clerk-typist; and for other purposes.
Referred to Committee on County and Municipal Governments.

626

JOURNAL OF THE SENATE,

HB 648. By Messrs. Overby, Williams and Wood of the 16th:
A bill to amend an act amending the charter of the City of Gainesville, so as to make certain changes in the retirement system for the em ployees of said city; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 649. By Mr. Johnson of the 40th:
A bill to amend an act revising, consolidating and superseding the several acts incorporating the Town of Thomas, so as to increase the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 650. By Messrs. Fleming and Simkins of the 106th, DeLong and Sherman of the 105th, Hull and Snellings of the 104th:
A bill to amend an act incorporating the City of Augusta and providing a charter thereof, so as to provide that the City of Augusta shall pay certain law enforcement officers of the city who are required to testify in the recorder's court on their off days; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 653. By Mr. Steis of the 100th:
A bill to amend Code Chapter 40-20, relating to automobile and mileage allowances for State officers, officials and employees, so as to provide an allowance for said State employees, when traveling other than as a fare-paying passenger in service of the State thereof by private air plane; and for other purposes.
Referred to Committee on Rules.

HB 654. By Messrs. Dixon and Sweat of the 83rd:
A bill to amend an act establishing a new charter for the City of Waycross, so as to provide that the city clerk shall be appointed by the city manager with the approval of the commission; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 655. By Messrs. Dixon and Sweat of the 83rd:
A bill to repeal an act amending the Charter of the City of Waycross, so as to provide for park and tree and zoning commission in lieu of the present park and tree commission; and for other purposes.
Referred to Committee on County and Municipal Governments.

FRIDAY, FEBRUARY 11, 1966

627

HB 656. By Messrs. Dixon and Sweat of the 83rd:
A bill to amend an act establishing a new charter for the City of Waycross, so as to change the date on which municipal elections are held; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 607. By Mr. Mixon of the 81st:
A bill to amend an act creating a new charter for the City of Ashburn so as to extend the present corporate limits of said city to include certain additional territory to be north and east in the County of Turner contiguous and adjacent to existing boundaries of said City; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 608. By Messrs. Rowland and Carr of the 48th:
A bill to amend an act establishing the City Court of Wrightsville, so as to provide an annual salary in lieu of the fee system of compensation for the solicitor of said court; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 609. By Messrs. Carr and Rowland of the 48th:
A bill to amend an act creating the City Court of Washington County, so as to change the salaries of the judge and the solicitor of said court; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 610. By Mr. McCracken of the 49th:
A bill to amend the charter of the City of Wadley, relating to the election of Mayor and Councilmen; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 611. By Mr. Clarke of the 45th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Butts County, so as to change the compensation of the Commissioners; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 612. By Mr. Clarke of the 45th:
A bill to amend an act changing the compensation of the Ordinary of Butts County from the fee system to the salary system, so as to

628

JOURNAL OF THE SENATE,

change the allowance provided for said Ordinary for clerical assistance; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 613. By Mr. Clarke of the 45th:
A bill to amend an act changing the compensation of the Sheriff of Butts County from the fee system 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 614. By Mr. Clarke of the 45th:
A bill to amend an act changing the compensation of the Tax Collector of Butts County from the fee system to a system whereby such Tax Collector shall be entitled to certain commissions and a salary, so as to change the amount provided for said Tax Collector for clerical assistance; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 615. By Mr. Clarke of the 45th:
A bill to amend an act creating a new charter for the City of Jackson, so as to provide for the annexation of certain additional territory into the corporate limits of the City of Jackson, to designate such additional annexed territories as the 5th Ward; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 616. By Mr. Clarke of the 45th:
A bill to repeal an act incorporating the Town of Pepperton in Butts County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 617. By Messrs. Carley, Palmer, Malone and Vaughn of the 117th, Levitas, Walling, Harris and Farrar of the 118th and others:
A bill to amend an act providing a salary for the official court reporter of the Stone Mountain Judicial Circuit, so as to increase the compen sation of the official court reporter; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 619. By Mr. Bowen of the 69th:
A bill to provide a salary for the Coroner of Dooly County in lieu of fees; and for other purposes.
Referred to Committee on County and Municipal Governments.

FRIDAY, FEBRUARY 11, 1966

629

HB 620. By Messrs. Busbee, Lee, Odom and Hutchinson of the 79th:
A bill to provide for appointments to and the filling of vacancies on the Albany-Dougherty Hospital Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 621. By Messrs. Mitchell, Smith and Leonard of the 3rd:
A bill amending the charter of the City of Dalton, by incorporating in said city certain lands and territory located in Land Lot No. 163 in the 12th District and 3rd Section of Whitfield County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 623. By Messrs. Mitchell, Smith and Leonard of the 3rd:
A bill to authorize the governing authority of Whitfield County to provide group insurance policies for their regular employees, and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 624. By Messrs. Mitchell, Smith and Leonard of the 3rd:
A bill to amend an act consolidating, amending and codifying the various acts incorporating the City of Dalton, so as to change the maximum fine and punishment which may be imposed by said court; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 625. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd, Wilson and Henderson of the 102nd:
A bill to amend an act incorporating the Town of Austell and reincorporating said town as a city, so as to increase the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Goverements.

HR 23. By Mr. Lovell of the 6th: A resolution compensating Mr. Clayton Ramey; and for other purposes.
Referred to Committee on Appropriations.

HR 93. By Mr. Overby of the 16th: A resolution to Compensate Den M. Acres, Jr.; and for other purposes.
Referred to Committee on Appropriations.

630

JOURNAL OF THE SENATE,

HR 161. By Mr. Clark of the 2nd:
A resolution proposing an amendment to the Constitution so as to remove the authority of the board of tax administrators for Catoosa County to levy taxes; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 167. By Mr. Fleming to the 106th:
A resolution relative to a monument for the 1st Calvary Division; and for other purposes.
Referred to Committee on Rules.

HR 177. By Mr. Harris of the 118th:
A resolution compensating Mr. and Mrs. Samuel C. Williams; and for other purposes.
Referred to Committee on Appropriations.

HR 189. By Mr. Collins of the 62nd:
A resolution compensating Deputy Sheriff Dessie Kea; and for other purposes.
Referred to Committee on Appropriations.

HR 192. By Mr. Rainey of the 69th:
A resolution to compensate William Myers Brock; and for other pur poses.
Referred to Committee on Appropriations.

HR 227. By Mr. Overby of the 16th: A resolution compensating William T. Bell; and for other purposes.
Referred to Committee on Appropriations.

HR 229. By Mr. Maddox of the 8th: A resolution compensating Mr. Joe B. Bunch; and for other purposes.
Referred to Committee on Appropriations.

HR 230. By Mr. Maddox of the 8th:
A resolution compensating Mr. William Walraven; and for other pur poses.
Referred to Committee on Appropriations.

FRIDAY, FEBRUARY 11, 1966

631

HR 231. By Mr. Maddox of the 8th: A resolution compensating Easter Faye Garrett; and for other purposes.
Referred to Committee on Appropriations.

HR 243. By Mr. Harris of the 85th:
A resolution proposing an amendment to the Constitution so as to authorize the governing body of the City of Brunswick to levy an annual ad valorem tax upon the taxable property located in that district and area within said city described as Downtown Brunswick and to provide for the powers, authority, funds, purposes, and pro cedure connected therewith; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 244. By Messrs. Smith, Mitchell and Leonard of the 3rd:
A resolution declaring certain property of the State surplus, authorizing the State Properties Control Commission to sell such property; and for other purposes.
Referred to Committee on Rules.

HR 249. By Mr. Johnson of the 25th: A resolution compensating Alan Vaughter; and for other purposes.
Referred to Committee on Appropriations.

HR 251. By Mr. Barber of the 24th: A resolution compensating Mr. J. W. Keith; and other purposes.
Referred to Committee on Appropriations.

HR 252. By Mr. Barber of the 24th:
A resolution compensating Mr. Daniel L. Sailors; and for other pur poses.
Referred to Committee on Appropriations.

HR 259. By Mr. Wilson of the 102nd:
A resolution compensating A. L. Hyde and Harold Hyde; and for other purposes.
Referred to Committee on Appropriations.

632

JOURNAL OP THE SENATE,

HE 260. By Mr. Wilson of the 102nd: A resolution compensating Mr. Clyde Glore; and for other purposes.
Referred to Committee on Appropriations.

HR 263. By Mr. Clarke of the 45th:
A resolution proposing an amendment to the Constitution so as to create the Monroe County Development Authority; and for other pur poses.
Referred to Committee on County and Municipal Governments.

HR 264. By Messrs. Wilson and Henderson of the 102nd, Jordan of the 103rd and McDaniell of the 101st:
A resolution proposing an amendment to the Constitution so as to pro vide for special qualifications for electors which shall be eligible to vote in any election conducted within Cobb County prior to Cobb County or any political subdivision located therein incurring indebtedness; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 265. By Messrs. Davis and Blalock of the 33rd:
A resolution proposing an amendment to the Constitution so as to create the Heard County Development Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 266. By Mr. Rainey of the 69th:
A resolution proposing an amendment to the Constitution so as to authorize the City of Cordele to issue revenue bonds for the purpose of financing the costs of paving or otherwise repairing and constructing streets and sidewalks and the relocation and repairing of utility and drainage facilities, and to assess the cost thereof against abutting property owners for repayment of bonds; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 271. By Mr. Grahl of the 52nd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to consolidate and combine the offices of the clerk of the superior court and ordinary of Crawford County into one office; and for other purposes.
Referred to Committee on County and Municipal Governments.

FRIDAY, FEBRUARY 11, 1966

633

HR 272. By Mr. Paris of the 23rd:
A resolution proposing an amendment to the Constitution so as to create the Barrow County School system by merging the independent school system of the City of Winder and the county school system of Barrow County into one school district; to create a Board of Education of said system; to provide for the appointment of a school superintendent and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 273. By Messrs. Lane and Nessmith of the 64th:
A resolution proposing an amendment to the Constitution so as to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Statesboro and Bulloch County Development Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 274. By Messrs. Blalock and Davis of the 33rd:
A resolution proposing an amendment to the Constitution so as to create the Coweta County Development Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 281. By Messrs. Collins of the 62nd and Underwood of the 61st:
A resolution proposing an amendment to the Constitution so as to authorize the Vidalia Development Authority to extend its activities into Montgomery County and to provide the procedure connected there with; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 283. By Messrs. Smith, Mitchell and Leonard of the 3rd:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Whitfield County to license and otherwise regulate the hauling, dumping, burning and other related matters of materials in said county; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 284. By Messrs. Gary, Lee and Harrell of the 35th:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Clayton County to levy a tax not exceeding 1/4 the mill on all of the taxable property in the county,

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for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Clayton County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 285. By Messrs. Newton and Lewis of the 50th:
A resolution to authorize the Governor to execute a deed to the United States conveying a certain tract or parcel of land now owned by the State, located in Jenkins County and is now a part of Magnolia Springs State Park, to be used by the United States Department of the Interior, Pish and Wildlife Service, for the purpose of constructing buildings for a fish hatchery; and for other purposes.
Referred to Committee on Rules.

HR 287. By Messrs. McCracken of the 49th, Phillips of the 41st, Sherman and DeLong of the 105th, Dollar of the 89th, Richardson of the 116th, Tye and Kiley of the 115th and Gaynor of the 114th:
A resolution creating the Rivers and Harbors Development Commission of the State of Georgia; and for other purposes.
Referred to Committee on Rules.

HR 34. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A resolution proposing an amendment to the Constitution so as to provide a method whereby the manner of electing or appointing mem bers of county boards of education and superintendent of schools may be changed by local or special law and local referendum; to provide for the establishment of area school districts; and for other purposes.
Referred to Committee on Educational Matters.

HR 267. By Mr. Byrd of the 28th:
A resolution authorizing the conveyance of certain real estate located in the City of Monroe in Walton County; and for other purposes.
Referred to Committee on Rules.

HB 36. By Messrs. Murphy of the 26th, Matthews of the 29th, Paris of the 23rd and Overby of the 16th:
A bill to amend Code Title 27, relating to criminal procedure so as to delete therefrom the requirement that a jury be present in order that an appearance bond or recognizance may be forfeited; and for other purposes.
Referred to Committee on Judiciary.

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635

HB 146. By Messrs. Smith of the 85th, Smith of the 114th and Drew of the 116th:
A bill to amend Georgia Code section 13-9933, which prohibits the making or delivery of a worthless check, draft or order for the payment of money, as amended, so as to provide that whenever the money, goods, other property of value, wages or salary obtained has a value in excess of $50.00, then the crime shall constitute a felony; and for other pur poses.
Referred to Committee on Judiciary.

HB 206. By Mr. Hull of the 104th:
A bill to amend an act relating to insurance, so as to delete the require ments of the minimum capital required to be invested in cash and in certain type securities and to substitute other requirements as to the investment of such minimum capital; and for other purposes.
Referred to Committee on Banking and Finance.

HB 519. By Messrs. Caldwell of the 51st:
A bill to amend an act providing retirement benefits for the clerks of the superior courts of Georgia, so as to provide that the delinquent payments required to be made into the fund by the clerks shall bear interest; and for other purposes.
Referred to Committee on Retirement:

HB 569. By Mr. Clarke of the 45th:
A bill to amend an act creating the Board of Trustees of the Joint Municipal Employees' Retirement System, so as to provide for fixed benefit plans; and for other purposes.
Referred to Committee on Retirement:

HB 193. By Messrs. Lowrey of the 13th, Newton of the 94th, Russell and Oglesby of the 92nd, Reaves of the 99th, Wells of the 30th, Overby and Williams of the 16th:
A bill to amend Code chapter 42-2, relating to concentrated commercial feeding stuffs, so as to change the inspection fee upon concentrated commercial feeding stuffs; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HB 664. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, and Harris of the 118th:
A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1966, and for the fiscal year ending

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June 30, 1967, in addition to any other appropriations heretofore or hereafter made for the operation of the agency of the State provided for herein; and for other purposes.
Referred to Committee on Appropriations.

HB 691. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend an act providing appropriations for the State Govern ment for the fiscal year 1965-66 and the fiscal year 1966-67, so as to reduce the appropriation for the Governor's Emergency Fund; to in crease the appropriation for the State Board of Correction; and for other purposes.
Referred to Committee on Appropriations.

HB 480. By Mr. Egan of the 141st:
A bill to provide for personal jurisdiction over any non-domiciliary, or his executor or administrator, as to a cause of action arising from the transaction of business within the state, or the commission of a tortious act within the state, or owning, using or possessing real property situated within the state; and for other purposes.
Referred to Committee on Judiciary.

HB 664. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1966, and for the fiscal year ending June 30, 1967 in addition to other appropriations; and for other purposes.
Referred to Committee on Appropriations.

The following bills and resolutions were read the second time:

SB 202. By Senator Minish of the 48th:
A bill to abolish the present mode of compensating the sheriff of Jackson County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; and for other purposes.
SB 206. By Senator Minish of the 48th:
A bill to amend an Act creating the Board of Comissioners of Roads and Revenues of Jackson County to change the compensation of the

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637

chairman and the other members of the Board of Commissioners of Roads and Revenues of Jackson County; and for other purposes.

SB 214. By Senator Eldridge of the 7th:
A bill to provide for clearance by quiet title proceedings of defects in real estate titles; and for other purposes.

SB 215. By Senator Coggin of the 35th:
A bill relating to the notice of motion to probate a will in solemn form to provide that a guardian ad litem for any person laboring under any disability may acknowledge service of the petition and notice, and upon such acknowledgement and assent thereto, the will may be admitted to record instanter on proper proof; and for other purposes.

SB 216. By Senator Kidd of the 25th:
A bill to amend an act creating a new charter for the City of Milledgeville to change the date of the election; and for other purposes.

SB 217. By Senator Kidd of the 25th:
A bill to amend an act creating a new charter for the City of Milledgeville to change the date on which city taxes become due and payable; and for other purposes.

SB 218. By Senators Johnson of the 38th, Salome of the 36th, Coggin of the 35th and Ward of the 39th:
A bill to amend an Act requiring the tax commissioner of Fulton County to receive tax returns for the City of Atlanta so as to provide that taxes due to the State of Georgia and Fulton County may be paid in two equal installments; and for other purposes.

SB 219. By Senator Ballew of the 50th:
A bill relating to the obtaining of good title to realty by adverse possession, so as to change the provisions relating to the obtaining of good title by adverse possession in regard to certain classes of property; and for other purposes.

SR 68. By Senators Coggin of the 35th and Sanders of the 41st:
A resolution creating an interim committee to study all matters re lating to probate of wills and the administration of estates; and for other purposes.

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SR 70. By Senators Smith of the 18th, Adams of the 26th, Carter of the 14th, Tribble of the 3rd, Searcey of the 2nd and Downing of the 1st:
A resolution authorizing and directing the Georgia Ports Authority to execute a local assurer agreement with the United States Corps of Engineers and the County of Chatham; and for other purposes.

SR 71. By Senators Broun of the 46th and Kilpatrick of the 44th:
A resolution requesting the creation of a National Committee to study the problems of motor vehicle indentification; and for other purposes.

SR 72. By Senators Broun of the 46th and Kilpatrick of the 44th:
A resolution creating an interim committee to meet and assist in the formulation of national standards for identifying motor vehicles and the components thereof; and for other purposes.

SR 73. By Senators Wesberry of the 37th and Johnson of the 38th:
A resolution to re-establish a Local Education Commission in Atlanta and Fulton County; and for other purposes.

SB 220. By Senators Bateman of the 27th and McKenzie of the 17th:
A bill to prohibit interfering with, obstructing or impeding the adminis tration of justice, enforcing justice, jurors, etc., by picketing or parading in or near certain buildings to prevent demonstrations in and around such buildings; to provide punishment therefor; to prohibit picketing of and demonstrations around the State Capitol; and for other purposes.

SB 221. By Senators McGill of the 24th, Lee of the 47th, Foster of the 21st, Padgett of the 23rd and Edenfield of the 4th:
A bill to amend an act known as the "Minimum Foundation Program of Education Act" so as to provide that certain funds appropriated to the State Department of Education or the State Board of Education may be used to replace or modernize school capital facilities; and for other purposes.
SB 222. By Senators Adams of the 26th and Bateman of the 27th:
A bill to provide for a special probated sentence for certain persons convicted of violating the several laws of this state relating to the abandonment or nonsupport of his dependents; and for other purposes.

SR 67. By Senator Owens of the 49th:
A resolution proposing an amendment to the Constitutiton to provide for appointment of county school superintendent of Lumpkin County by the board of education of Lumpkin County.

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639

HB 110. By Messrs. Bean of the 119th, Lee and Busbee of the 79th and Harris of the 118th:
A bill to amend Code chapter 23-11 relating to the office of county surveyor, so as to provide certain qualifications for the position of county surveyor; and for other purposes.

HB 167. By Mr. McClatchey of the 138th:
A bill to provide that any petit juror drawn, selected and summoned for service in the Superior Court of any county wherein are located any courts having countywide jurisdiction concurrent with the Superior Court of this State, shall be legally competent and qualified to serve as a juror in such other courts under certain conditions; and for other purposes.

HB 283. By Mr. Pickard of the 112th:
A bill to amend Code section 34-1006, relating to qualification of candidates, so as to provide that if a person qualifies for party nomina tion and no other person qualifies against him by the end of the qualifying period, such person shall be declared the nominee of the party without the necessity of keeping the polls open in the district; and for other purposes.

HB 290. By Messrs. Minge, Lowrey and Starnes of the 13th:
A bill to amend an act relating to the judges of the superior courts, providing that any judge may request any judge emeritus to serve and preside in the superior court of any county in the judicial circuit of judge making said request; and for other purposes.

HB 292. By Messrs. Newton of the 94th, Irvin of the llth, Farrar of the 118th, Jones of the 112th, Story of the 22nd and others:
A bill to amend an act known as the "Minimum Foundation Program of Education Act", so as to change the minimum sum in determining the funds needed by local units of administration for maintenance, operation and sick leave expenses not otherwise provided in said act; and for other purposes.

HB 302. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th and Harris of the 118th:
A bill to amend section 92-1403 relating to the "Motor Fuel Tax Law", so as to provide for the levy of the tax on motor fuel, kerosene and fuels not commonly measured by the gallon; and for other purposes.

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HB 303. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th and Harris of the 118th:
A bill to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to remove as one of the requirements for an exemption of the tax on machinery used in the manufacture of tangible personal property in certain plants that the installation of such machinery must result in a substantial increase in the employment of the plant; and for other purposes.

HB 321. By Messrs. Chandler and Harrington of the 47th, Paris of the 23rd, Rainey of the 69th and Brown of the 19th:
A bill to amend an act providing the payment of the cost of care of persons admitted to state institutions coming under the control of the State Board of Health or Department of Public Health, so as to delete certain definitions; and for other purposes.

HB 346. By Mr. Wilson of the 109th:
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 a personal exemption of $1200 for each dependent of the taxpayer's net income if such dependent attends a school for the physically handicapped; and for other purposes.

HB 439. By Messrs. Harris, Farrar, Levitas and Walling of the 118th, Palmer, Carley, Malone and Vaughn of the 117th, Bean, Westlake, Evensen and Higginbotham of the 119th:
A bill to amend Code chapter 113-10, relating to distribution, advance ments, and years' support, so as to provide that in an application for years' support, notice of the filing must be given to the tax commission er or tax collector of any county in which property sought to be set aside is located, if property in another county; and for other purposes.

HB 443. By Messrs. Wiggins of the 32nd, Gary of the 35th and Malone of the 117th:
A bill to amend an act providing the procedure for extending social security coverage to the employees of the State of Georgia, so as to provide that "political subdivision" shall include the Georgia Municipal Association for the purposes of this act; and for other purposes.

HB 468. By Mr. Conger of the 89th:
A bill to repeal Code section 92-7002 providing that it shall be the duty of the State Revenue Commissioner to examine the tax digests of the several counties; and for other purposes.

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641

HB 551. By Mr. Busbee of the 79th:
A bill to provide for family planning services; to provide that the State Department of Health, county departments of health, health districts, the State Department of Family and Children Services, county departments of family and children services and district departments of family and children services shall provide family planning services; and for other purposes.

HB 572. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th, and Harris of the 118th:
A bill to provide salaries for the solicitors general of the Superior Courts; and for other purposes.

HR 78. By Mr. Williams of the 82nd:
A resolution authorizing the conveyance of certain tracts of stateowned property to the City of Douglas; and for other purposes.

HR 282. By Mr. Jones of the 112th:
A resolution proposing an amendment to the Constitution so as to authorize any agency, board, department or other unit of the State Government which may be the recipient of Federal funds to administer such funds, pursuant to the terms of the grant of such funds; and for other purposes.

HB 478. By Mr. Lane of the 64th:
A bill to amend Code section 47-107, relating to the per diem and mileage of members of the General Assembly so as to provide for an annual salary, expense and mileage for members of the General Assembly; and for other purposes.

Mr. Rowan of the 8th District Secretary of the Committee on Rules submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following bills and resolutions of the Senate and House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SB 13. Do Not Pass. SB 199. Do Pass. SR 10. Do Not Pass.

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SR 57. Do Pass. HR 148. Do Pass. HB 289. Do Pass.

Respectfully submitted, Rowan of 8th District, Secretary.

Mr. Lee of the 47th District Chairman of the Committee on Public Utilities and Transportation submitted the following report:
Mr. President:
Your Committee on Public Utilities and Transportation has had under consideration the following bill of the Senate and has instructed me as Secertary, to report the same back to the Senate with the following recommendations:
SB 52. Do Not Pass.
Respectfully submitted, Lee of 47th District, Secretary.

Mr. Johnson of the 42nd District Secretary of the Committee on Retirement submitted the following report:
Mr. President:
Your Committee on Retirement 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 135. Do Pass by Substitute. HB 176. Do Pass by Substitute.
Respectfully submitted, Johnson of 42nd 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

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643

of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 131. Do Pass by Substitute. SB 185. Do Pass. SB 201. Do Pass. SB 203. Do Pass. SB 204. Do Pass. SB 205. Do Pass. HB 6. Do Pass as Amended. HB 68. Do Pass as Amended. SB 129 Do Pass. SB 134. Do Pass. SB 136. Do Pass. SB 170. Do Pass. HB 96. Do Pass. HB 133. Do Pass.
Respectfully submitted, Smalley of 28th District, Chairman.

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 bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 208. Do Pass. Respectfully submitted, Fincher of 51st 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 Resolutions of the Senate and House and has

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instructed me as Chairman, to report the same back to the Senate with the following recommendations:

SK 66. Do Pass as Amended. HB 280. Do Pass. HB 281. Do Pass. HB 282. Do Pass. HB 399. Do Pass. HB 406. Do Pass. HB 414. Do Pass. HB 422. Do Pass. HB 424. Do Pass. HB 449. Do Pass. HB 461. Do Pass. HB 473. Do Pass. HB 491. Do Pass as Amended. HB 494. Do Pass. HB 501. Do Pass. HB 502. Do Pass. HB 503. Do Pass as Amended. HB 504. Do Pass. HB 505. Do Pass. HB 506. Do Pass. HB 507. Do Pass as Amended. HB 511. Do Pass. HB 512. Do Pass. HB 514. Do Pass. HB 515. Do Pass. HB 517. Do Pass. HB 518. Do Pass. HB 528. Do Pass. HB 535. Do Pass. HB 536. Do Pass. HB 545. Do Pass. HB 546. Do Pass.

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645

HB 547. Do Pass. HB 548. Do Pass. HB 549. Do Pass. HB 550. Do Pass. HB 552. Do Pass as Amended. HB 562. Do Pass. HB 573. Do Pass. HB 574. Do Pass. HB 575. Do Pass. HB 576. Do Pass. HB 577. Do Pass. HR 120. Do Pass. HR 121. Do Pass. HR 188. Do Pass. HR 190. Do Pass. HR 191. Do Pass. HR 195. Do Pass. HR 201. Do Pass. HR 205. Do Pass. HR 241. Do Pass. HR 242. Do Pass. HR 246. Do Pass. HR 247. Do Pass.

Respectfully submitted, Downing of 1st District Chairman.

The following resolution was read and adopted:

SR 69. By Senators Foster of the 21st, Gregory of the 15th, Thompson of the 34th and others:
A resolution urging every Georgian to affirm and endorse our country's commitment in Viet Nam, encouraging the citizens of our State to attend the assembly known as "affirmation: Viet Nam" expressing heart-filled gratitude to our men in Viet Nam; and for other purposes.

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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 provide procedures for searches and seizures and for suppression of evidence illegally seized; and for other purposes.

The Committee on Judiciary offered the following substitute:
A BILL
To be entitled an act to provide procedures for searches and seizures and for suppression of evidence illegally seized; to provide the procedure connected therewith; to repeal Chapter 27-3 of the Code of Georgia relating to search warrants; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Search without Warrant. When a lawful arrest is ef fected a peace officer may reasonably search the person arrested and the area within such person's immediate presence for the purpose of:
(a) Protecting the officer from attack; or
(b) Preventing the person from escaping; or
(c) Discovering or seizing the fruits of the crime for which the person has been arrested; or
(d) Discovering or seizing any instruments, articles, or things which are being used, or which may have been used, in the com mission of the crime for which the person has been arrested; pro vided, however, when the peace officer is in the process of effecting a lawful search, nothing in this Section shall be construed as pre cluding him from discovering or seizing any stolen or embezzled property, any item, substance, object, thing or matter the posses sion of which is unlawful, or any item, substance, object, thing or matter other than the private papers of any person which is tangible evidence of the commission of a crime against the laws of the State of Georgia.
Section 2. Inventory of Things Seized. An inventory of all instru ments, articles or things seized on a search without a warrant shall be given to the person arrested and a copy thereof delivered to the judicial officer before whom the person arrested is taken. If the person arrested is released without a charge being preferred against him all instru ments, articles or things seized, other than contraband or stolen proper ty, shall be returned to him upon release.
Section 3. Grounds for Search Warrant. Upon the written com plaint of any person under oath or affirmation which states facts

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647

sufficient to show probable cause that a crime is being committed, or has been committed, and which particularly describes the place or person, or both, to be searched and things to be seized, any judicial officer authorized to hold a court of inquiry to examine into an arrest of an offender against the penal laws, herein referred to as "judicial officer", may issue a search warrant for the seizure of the following:

(a) Any instruments, articles or things, including the private papers of any person, which are designed or intended for use, or which have been used in the commission of the offense in connection with which the warrant is issued.

(b) Any person who has been kidnapped in violation of the laws of this State, or who has been kidnapped in another jurisdiction and is now concealed within this State, or any human fetus or human corpse.

(c) Stolen or embezzled property.

(d) Any item, substance, object, thing or matter the possession of which is unlawful.

(e) Any item, substance, object, thing or matter, other than the private papers of any person, which are tangible evidence of the commission of the crime for which probable cause is shown; provided, however, when the peace officer is in the process of effecting a lawful search, nothing in this Section shall be construed as precluding him from discovering or seizing any stolen or em bezzled property, any item, substance, object, thing or matter the possession of which is unlawful, or any item, substance, object, thing or matter other than the private papers of any person which is tangible evidence of the commission of a crime against the laws of the State of Georgia.

Section 4. Issuance of Search Warrant. All warrants shall state the time and date of issuance and be the warrants of the judicial officer issuing the same and not the warrants of the court in which he is then sitting and such warrants need not bear the seal of the court or clerk thereof. The complaint on which the warrant is issued need not be filed with the clerk of the court nor with the court if there is no clerk until the warrant has been executed or has been returned "not executed".

Section 5. Persons authorized to Execute Search Warrants. The warrant shall be issued in duplicate and shall be directed for execution to all peace officers of the State. However, the judicial officer may direct the warrant to be executed by any peace officer named specially therein.
Section 6. Execution of Search Warrants. The warrant shall be executed within 10 days from the time of issuance. If the warrant is executed the duplicate copy shall be left with any person from whom any instruments, articles or things are seized, or if no person is avail able, the copy shall be left in a conspicuous place on the premises from which the instruments, articles or things were seized. Any warrant not

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executed within such time shall be void and shall be returned to the court of the judicial officer issuing the same as "not executed".

Section 7. Command of Search Warrant. The warrant shall com mand the person directed to execute the same to search the place or person particularly described in the warrant and to seize the instru ments, articles or things particularly described in the warrant.

Section 8. Use of Force in Execution of Search Warrant. All nec essary and reasonable force may be used to effect any entry into any building or property or part thereof to execute a search warrant, if after verbal notice, or an attempt in good faith to give verbal notice, by the officer directed to execute the same of his authority and purpose, (a) he is refused admittance or (b) the person or persons within said building or property or part thereof refused to acknowledge and answer said verbal notice, and the presence of such person or persons therein is unknown to such officer or (c) the building or property or part thereof is not then occupied by any person.

Section 9. Detention and Search of Persons on Premises. In the execution of the warrant the person executing the same may reasonably detain to search any person in the place at the time:

(a) To protect himself from attack, or

(b) To prevent the disposal or concealment of any instruments, articles or things particularly described in the warrant.

Section 10. Return to Court of Things Seized. A written return of all instruments, articles or things seized shall be made without un necessary delay before the judicial officer named in the warrant or before any court of competent jurisdiction. An inventory of any instru ments, articles or things seized shall be filed with the return and signed under oath by the officer or person executing the warrant. The judicial officer or court shall upon request deliver a copy of the inventory to the persons from whom or from whose premises the instruments, articles or things were taken and to the applicant for the warrant.

Section 11. When Warrant may be Executed. The warrant may be executed at any reasonable time.

Section 12. No Warrant Quashed for Technicality. No warrant shall be quashed nor evidence suppressed because of technical irregu larities not affecting the substantial rights of the accused.

Section 13. Motion to Suppress Evidence Illegally Seized.

(a) A defendant aggrieved by an unlawful search and seizure may move the court for the return of property the possession of which is not otherwise unlawful and to suppress as evidence any thing so obtained on the grounds that:

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649

(1) The search and seizure without a warrant was illegal; or
(2) The search and seizure with a warrant was illegal be cause the warrant is insufficient on its face; there was not probable cause for the issuance of the warrant; or, the warrant was illegally executed.

(b) The motion shall be in writing and state facts showing wherein the search and seizure were unlawful. The judge shall re ceive evidence out of the presence of the jury on any issue of fact necessary to determine the motion, and the burden of proving that the search and seizure were lawful shall be on the State. If the motion is granted the property shall be restored, unless otherwise subject to lawful detention, and it shall not be admissible in evi dence against the movant in any trial.

(c) The motion shall be made only before a court with juris diction to try the offense. If a criminal accusation is filed, or if an indictment or special presentment is returned by a grand jury, the motion shall be made only before the court in which said accusa tion, indictment or special presentment is filed and pending.

Section 14. Application for Search Warrant. A search warrant may be issued only upon the application of an officer of the State or its political subdivisions charged with the duty of enforcing the criminal laws. It shall not be issued upon the application of a private citizen or for his aid in the enforcement of personal, civil or property rights.

Section 15. Specific Repeal. Chapter 27-3 of the Code of Georgia and Section 27-301 of said Code, relating to execution of search war rants; Section 27-302 thereof, relating to restoration of goods to own ers; Section 27-303 thereof, relating to forcible taking of goods as prob able cause for a search warrant; and Section 27-304 thereof, relating to binding over a person in whose possession stolen goods are found, are hereby repealed.

Section 16. Severability. In the event any section, subsection, sentence, 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, sub section, 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 17. General Repeal. All other laws and parts of laws in conflict with this Act are hereby repealed.

Senator Johnson of the 42nd offered the following amendment to the com mittee substitute:

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Amend Section 3 of the committee substitute to SB 38 by striking the word "person" in the second line and inserting in lieu thereof the following "officer of the State or its political subdivisions charged with the duty of enforcing the criminal laws", and by inserting in paragraph 12 between the words "shall" and "quashed" the word "be", and by
substituting for the word "to" in the 3rd line of paragraph 9 the word "or".

On the adoption of the amendment to the substitute, the ayes were 29, nays 0, and the amendment to the substitute was adopted.

On the adoption of the substitute, the ayes were 33, nays 0, and the substi tute was adopted as amended.

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

On the passage of the bill, the ayes were 33, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute as amended.
SB 41. 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. Laws 1964, p. 499), as amended, relating to the powers of the county boards of health, so as to provide mental health diagnostic and treatment services and home health care services for the chronically ill and for the chronically ill and aged; and for other purposes.
The Committee on Health and Welfare offered the following substitute:
A BILL
To be entitled an Act to amend an Act known as the Georgia Health Code, approved March 18, 1964 (Ga. L. 1964, p. 499), as amended, re lating to the powers of the county boards of health, so as to provide mental health diagnostic and treatment services and home health care services for the chronically ill and for the chronically ill and aged; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act known as the Georgia Health Code, approved March 18, 1964 (Ga. L. 1964, p. 499), as amended, relating to the powers

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651

of the county boards of health, is hereby amended by striking subsec tion (f) of Section 88-204 in its entirety, and substituting in lieu thereof a new subsection (f) to read as follows:

"(f) Make contracts and establish and accept fees for the pur pose of providing mental health diagnostic and treatment services and for providing home health care services for the chronically ill and for the chronically ill and aged for such period of time that such home health care services are not already being provided, and cannot be provided, by agencies in the particular community other than the county board of health; provided, however, that any person otherwise eligible for such services, but being financially unable to pay all or any part of the fee, shall be afforded the same services as provided for fee patients, and provided further, that the scope of services, operating details, contracts and fees first shall have been approved by the Board of Health of the Department of Public Health."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

The Committee on Health and Welfare offered the following amendment to the Committee substitute:
Amend committee substitute to SB 41 by inserting in the language quoted in subsection (f) in Section 1 between the word "aged" and the word "provided" the following:
"for such period of time that such home health care services are not already being provided, and cannot be provided, by agencies in the particular community other than the county board of health;"
On the adoption of the amendment to the substitute, the ayes were 30, nays 0, and the amendment to the substitute was adopted.

On the adoption of the substitute as amended, the ayes were 30, 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 33, nays 0.

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

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Senator Johnson of the 42nd asked unanimous consent that HB 303 be with drawn from the Committee on Banking and Finance and recommitted to the Com mittee on Rules:

HB 303. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th, and Hale of the 118th:
A bill to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to remove as one of the requirements for an exemption of the tax on machinery used in the manufacture of tangible personal property in certain plants that the installation of such machinery must result in a substantial increase in the employment of the plant; and for other purposes.

The consent was granted.

SB 57. By Senator Webb of the llth:
A bill to amend an act creating the offices of the State Highway De partment, as amended, so as to provide that the State Highway Depart ment shall be authorized to accept for the State all available Federal monies appropriated under the various acts included under Title 23 of the United States Code; and for other purposes.

Senator Holloway of the 12th offered the following substitute:

SB 57. By Senator Holloway of the 12th:
A BILL
To be entitled an act to provide that the State Highway Depart ment of Georgia shall be entitled to receive and expend the three percentum non-matching funds from the Federal Government, pursuant to the provisions of Title 23, United States Code; to declare legislative intent; to authorize the State Highway Department to acquire and improve strips of land necessary for the restoration; preservation, and enhancement of scenic beauty within and adjacent to the State-aid Road System of Georgia, including acquisition of publicly owned and controlled rest and recreation areas and sanitary and other facilities within or adjacent to the State-aid Road System rights-of-way reason ably necessary to accommodate the traveling public; to provide that the interest in any land authorized to be acquired and maintained under this act may be by fee simple or lesses interest, as determined by the Director of State Highway Department of Georgia to be reasonably necessary to accomplish the purposes of this act; to provide that such acquisition may be by gift, purchase, exchange or condemnation; to provide that nothing in this act shall be construed so as to authorize

FRIDAY, FEBRUARY 11, 1966

653

the use of eminent domain to acquire any dwelling (including related buildings) ; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. A. In Title 23, United States Code, Section 319, Con gress has declared that:

1. The Secretary of Commerce may approve, as a part of the construction of Federal-aid Highways, the cost of landscape and roadside development, including acquisition and development of pub licly owned and controlled rest and recreation areas and sanitary and other facilities reasonably necessary to accommodate the travel ing public.

2. An amount equivalent to 3 percentum of the funds appor tioned to a State for Federal-aid Highways for any fiscal year shall be allocated to that State out of funds appropriated under authority of this subsection, which shall be used for landscape and roadside development within the highway right-of-way and for acquisition of interests in and improvement of strips of land necessary for the restoration, preservation, and enhancement of scenic beauty adjacent to such highways, including acquisition and development of publicly owned and controlled rest and recreation areas and sani tary and other facilities within or adjacent to the highway rightof-way reasonably necessary to accommodate the traveling public, without being matched by the State. The Secretary may authorize exceptions from this requirement, upon application of a State and upon a showing that such amount is in excess of the needs of the State for these purposes. Any funds not used as required by this subsection shall lapse.

B. This Act is hereby enacted to effectuate the participation of State Highway Department of Georgia in the program established under the provisions of Title 23, United States Code, Section 319.

Section 2. State Highway Department of Georgia is hereby author ized to acquire and improve strips of land necessary for the restoration, preservation and enhancement of scenic beauty within and adjacent to State-aid roads of this State, including acquisition of publicly owned and controlled rest and recreation areas, and sanitary and other facili ties within or adjacent to the highway rights-of-way reasonably neces sary to accommodate the traveling public.

Section 3. The interest in any land authorized to be acquired and maintained under this Act may be by fee simple or any lesser interest, as determined by the Director of State Highway Department of Georgia to be reasonably necessary to accomplish the purposes of this Act. Such acquisition may be by gift, purchase, exchange or condemnation.

Section 4. Nothing in this act shall be construed so as to authorize the use of eminent domain to acquire any dwelling (including related buildings).

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Section 5. All laws and parts of laws in conflict with this act are hereby repealed.

Senator Carter of the 14th offered the following amendment to the substi tute:
Amend substitute to SB 57 by striking section 2 in its entirety and substituting in lieu thereof the following:
"Section 2. For the purposes stated in Section 1 B State High way Department of Georgia is hereby authorized to acquire and improve strips of land necessary for the restoration, preservation and enhancement of scenic beauty within and adjacent to any road for which aid is provided under the provision of said Title 23 as set out in Section 1 A 2, including acquisition of publicly owned and controlled rest and recreation areas, and sanitary and other facilities within or adjacent to the highway rights-of-way reason ably necessary to accommodate the traveling public."

On the adoption of the amendment to the substitute, the ayes were 32, nays 0, and the amendment to the substitute was adopted.

On the adoption of the substitute as amended, the ayes were 28, nays 0, and the substitute was adopted as amended.

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

On the passage of the bill, the ayes were 34, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute as amended.
SB 73. By Senators Webb of the llth and Jackson of the 16th:
A bill to amend Code Title 88, known as the Georgia Health Code, ap proved March 18, 1964 (Ga. Laws 1964, p. 499), as amended, relating to grants for medical facilities, so as to empower the State of Georgia to make grants to counties, municipalities or any hospital authority to assist in construction and modernization of publicly owned and oper ated medical facilities and centers; and for other purposes.

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

FRIDAY, FEBRUARY 11, 1966

655

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

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

SB 141. By Senators Rowan of the 8th and Carter of the 14th:
A bill to amend Code section 68-201, as amended, so as to provide that said sections shall not apply to four wheel trailers with no springs; and for other purposes.

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

On the passage of the bill, the ayes were 33, nays 0.

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

SB 135. By Senator Webb of the llth:
A bill to amend an act establishing a retirement system in the State Public Schools, as amended, so as to provide for the payment of cer tain contributions by teachers and on behalf of teachers becoming mem bers of the Teachers Retirement System; and for other purposes.

The Committee on Retirement offered the following substitute:
A BILL
To be entitled an act 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; to determine Mem bership and conditions of Membership in said system; to provide for a Board of Trustees of said system and for the administration of its affairs; to provide for the management of the funds of said system; to provide a method of financing said system; to repeal conflicting laws; and for other purposes.", approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, so as to provide that in order for any teacher who becomes a member of the teachers' retirement system on or after April 1, 1966 to receive full creditable service for services rendered in a local system prior to membership in the teachers' retirement system as pro vided for herein, such teacher must pay, in addition to the amounts provided for herein, the employer amount which would have been paid plus interest as determined by the Board of Trustees; to delete the provisions for teachers becoming members of and continuing as mem bers of the teachers' retirement system of Georgia who are employed

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by an employer operating a local retirement fund; to provide an effec tive date; to repeal conflicting laws; and for other purposes,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An act entitled "An act to establish a retirement sys tem for aged and incapacitated teachers in the State Public Schools; and for other State Supported Schools; to determine Membership and conditions of Membership in said system; to provide for a Board of Trustees of said system and for the administration of its affairs; to provide for the management of the funds of said system; to provide a method of financing said system; to repeal conflicting laws; and for other purposes.", approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, is hereby amended by adding at the end of subsection 5 of Section 4 the following:

"Any other provision of this or any other law to the contrary notwithstanding, in order for any teacher who becomes a member of the teachers' retirement system on or after April 1, 1966, to receive full creditable service for service rendered in a local system prior to membership in the teachers' retirement system as provided for herein, such teacher must pay, in addition to the amounts pro vided for herein, the employer amount which would have been paid, plus interest. The Board of Trustees shall determine this amount. Provided, however, in no case shall a member pay more than the total member and employer contributions and interest in effect at the time such service was rendered."

Section 2. Said act is further amended by striking paragraph (8) of Section 9, which reads as follows:

"(8) Any teacher who, at the time this paragraph becomes law, is employed by an employer operating a local retirement fund and any teacher who is employed by such an employer subsequent to the time this paragraph becomes law, may elect to become a contributing member of the teachers' retirement system of Georgia only, however, if such employer authorizes the teacher so employed to become such a member. If such a teacher does so elect and be comes a contributing member, the credits which he has accumulated prior to the date he becomes such member shall be credited to his account with the teachers' retirement system of Georgia as a con tributing member. Any teacher who is a contributing member of the teachers' retirement system of Georgia and who is employed by an employer operating a local retirement fund subsequent to the time this paragraph becomes law may elect to continue as a contributing member of the teachers' retirement system of Georgia upon authorization of such employer. No employer who operates a local retirement fund shall make the authorization specified in this paragraph if the authorization conflicts with the statutes setting up such local retirement system. Once a teacher has elected to be come and becomes a contributing member of the teachers' retirement system of Georgia or continues as a contributing member of the teachers' retirement system of Georgia under the provisions of this paragraph, he shall not then be allowed to return to membership

FRIDAY, FEBRUARY 11, 1966

657

in the local retirement fund. Any teacher who becomes a contribut ing member or continues as a contributing member of the teachers' retirement system of Georgia, as provided in this paragraph, shall be subject to the provisions of this act, as amended, as are other teachers who are contributing members of the teachers' retirement system of Georgia and the employer of any such teacher shall be subject to the provisions of this Act, as amended, as are other employers.",

in its entirety.

Section 3. This act shall become effective immediately upon its approval by the Governor or its otherwise becoming a law.

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 30, nays 0, and the sub stitute was adopted.

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

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

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

SB 144. By Senators Carter of the 14th and Plunkett of the 30th:
A bill to amend an act creating the Georgia State Scholarship Com mission, as amended, so as to provide that the Georgia State Scholar ship Commission shall be an agency within the Executive Branch of State Government and shall be a budget unit of the State Government; and for other purposes.

The Committee on Educational Matters offered the following substitute:
A BILL
To be entitled an act to amend an act creating the Georgia State Scholarship Commission, approved March 12, 1965 (Ga. Laws 1965, p. 210), so as to provide that the Georgia State Scholarship Commission shall be an agency within the Executive Branch of State Government and shall be a budget unit of the State Government; to provide that

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the Executive Director and Treasurer of said Commission shall be selected and employed by the Georgia State Scholarship Commission; to provide that said Executive Director and Treasurer shall serve at the pleasure of the Board; to provide for compensation of said Execu tive Director and Treasurer; to provide that said Commission shall be authorized to employ personnel and such personnel shall be subject to and be covered by the provisions of the act creating and establishing a merit system of personnel administration; to provide that said Com mission shall be authorized to contract with the administrators of other state scholarship programs in order to collect information about all student aid programs of this State, disseminate this information to Georgia students, provide for simple and standard student aid applica tion forms and records, process applications to determine the academic qualifications and financial needs of students, establish a specific state wide time schedule lor scholarship and loan requests, and deliver needed information and processed applications to other scholarship program administrators; to change the provisions relative to budgets and appro priations; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An act creating the Georgia State Scholarship Commis sion, approved March 12, 1965 (Ga. Laws 1965, p. 210), is hereby amended by striking Section 1 in its entirety and inserting in lieu there of a new Section 1, to read as follows:

"Section 1. Creation of State Scholarship Commission. There is hereby created within the Executive Branch of State Govern ment a commission to be known as the Georgia State Scholarship Commission. The Commission shall be an agency of the State of Georgia and a budget unit thereof. The Commission shall be au thorized 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 pro gram of study in the paramedical field and other professional and educational fields of study as defined and approved by the Commis sion, with the exception of the program leading to the degree of Doctor of Medicine."
Section 2. Said act is further amended by striking the second sen tence of the second paragraph of section 5 which reads as follows:

"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.",

and inserting in lieu thereof a new sentence to read as follows:

"The Executive Director and Treasurer of the Commission shall be selected and employed by the Georgia State Scholarship Com mission. The Executive Director and Treasurer shall serve at the pleasure of the Board of Directors and shall receive such salary and other compensation as shall be determined and fixed by the Board.",

FRIDAY, FEBRUARY 11, 1966

659

and by striking the last two sentences of the second paragraph of Sec tion 5 which read as follows:

"He shall serve without further remuneration. The Commis sion shall be authorized to employ such professionally qualified personnel as may be necessary to effectuate the purposes of the Commission and of this Act.",

and inserting in lieu thereof a new sentence to read as follows:

"The Commission shall be authorized to employ such other professionally qualified personnel, clerical and other employees as may be necessary to effectuate the purposes of this Act, and such personnel shall be subject to and covered by the Act creating and establishing a merit system of personnel administration, approved February 4, 1943 (Ga. Laws 1943, p. 171), as now or may hereafter be amended.",
so that when so amended the second paragraph of Section 5 shall read as follows:
"The Executive Director of the Commission shall also serve as Treasurer. The Executive Director and Treasurer of the Com mission shall be selected and employed by the Georgia State Schol arship Commission. The executive Director and Treasurer shall serve at the pleasure of the Board of Directors and shall receive such salary and other compensation as shall be determined and fixed by the Board. He shall execute and file with the Commission a surety bond in the sum of twenty-five thousand ($25,000.00) dol lars payable to the State of Georgia and conditioned upon the faith ful 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 perma nent minutes and records of all proceedings and actions of the Commission and subcommittees. He shall be authorized and em powered to operate and carry out the objectives and details of the program. The Commission shall be authorized to employ such other professionally qualified personnel, clerical and other employees as may be necessary to effectuate the purposes of the Commission and of this act, and such personnel shall be subject to and covered by the act creating and establishing a merit system of personnel administration, approved February 4, 1943 (Ga. Laws 1943, p. 171), as now or may hereafter be amended."

Section 3. Said act is further amended by adding a new paragraph after the second paragraph of Section 8, to read as follows:

"The Commission shall be authorized to contract with the administrators of other state scholarship programs in order to col lect information about all student aid programs of this State, dis seminate this information to Georgia students, provide for simple and standard student aid application forms and records, process applications to determine the academic qualifications and financial needs of students, establish a specific statewide time schedule for

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scholarship and loan requests, and deliver needed information and processed applications to other scholarship program administra tors."
Section 4. Said Act is further amended by striking Section 10 in its entirety and inserting in lieu thereof a new Section 10, to read as follows:
"Section 10. Budgets and Appropriations. The Executive Di rector and Treasurer of the Commission shall biennially, or as may from time to time be otherwise required by law, prepare and sub mit to the Commission estimates of the financial requirements of the Commission for the next two fiscal years. The estimates shall be on such forms and in such manner as prescribed by the Budget Bureau. Upon approval by the Commission, the estimates of the financial requirements of the Commission shall be forwarded to the Budget Bureau as required by law and shall be incorporated in the Budget Report. The State Scholarship Commission shall, in the submission of its budget, provide for a coordinated student aid program as such has been established by the Commission and the administrators of the other student aid programs in this State."

Section 5. Alll aws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 32, nays 0, and the sub stitute was adopted.

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

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

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

SB 145. By Senators Carter of the 14th and Plunkett of the 30th:
A bill to amend an act creating a non-profit corporation known as the Georgia Higher Education Assistance Corporation, as amended, so as to provide that the Georgia Higher Assistance Corporation shall be a budget unit of the State of Georgia; and for other purposes.

The Committee on Educational Matters offered the following substitute:
A BILL TO BE ENTITLED
An act to amend an act creating a non-profit corporation known as the Georgia Higher Education Assistance Corporation, approved

FRIDAY, FEBRUARY 11, 1966

661

March 12, 1965 (Ga. Laws 1965, p. 217), so as to clarify the provision creating a non-profit corporation known as the Georgia Higher Edu cation Assistance Corporation; to provide for an additional member on the Board of Directors governing said corporation; to provide that the Executive Director and Treasurer of said corporation shall be selected and employed by the Board of Directors of said corporation; to provide that said Executive Director and Treasurer shall serve at the pleasure of the Board; to provide for compensation of said Executive Director and Treasurer; to provide that the Board of Directors of said corporation shall be authorized to employ personnel and such personnel shall be subject to and be covered by the provisions of the Act creating and establishing a merit system of personnel administra tion; to increase the amount of loan to persons that shall be guaranteed in their freshman year; to provide that the Board of Directors of said corporation shall have power to enter into contracts with the Federal Government in order to secure the benefits of any Federal financial aid programs for students, colleges and other facilities or institutions providing education; to provide the Board of Directors with additional powers; to provide that any note or other written evidence relating to any such guaranteed loan shall contain certain provisions; to provide time limits for the repayment of guaranteed loans; to delete certain provisions relative to group life insurance policies; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL AS&EMBLY OF GEORGIA:

Section 1. An act creating a non-profit corporation known as the Georgia Higher Education Assistance Corporation, approved March 12, 1965 (Ga. Laws 1965, p. 217), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1, to read as follows:

"Section 1. Pursuant to an amendment to Article VII, Section I, Paragraph II of the Constitution authorizing the General Assembly to provide by law for a program of guaranteed student loans for the purpose of acquiring an education beyond the twelfth grade and for payment of interest on such loans, ratified at the November 1964 General Election, there is hereby created a non profit corporation which shall be known as the Georgia Higher Education Assistance Corporation."

Section 2. Said Act is further amended by adding in the first sentence of Subsection (a) of Section 4 after the words "Board ol Regents," and before the word "and" the words "the State School Superintendent", so that when so amended the first sentence of Sub section (a) of Section 4 shall read as follows:

"The Corporation shall be governed, and all its corporate powers exercised, by a Board of Directors which shall consist of members as follows: The Chancellor of the University System of Georgia, the Chairman of the Board of Regents, the State School Superintendent and the State Budget Officer; and one member from each congressional district in the State and two additional members

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from the State at large, appointed by the Governor and confirmed by the Senate."

Section 3. Said act is further amended by striking from the second paragraph of Subsection (b) of Section 4 the following sentence:

"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.",
and inserting in lieu thereof a new sentence to read as follows:

"The Executive Director and Treasurer of the Corporation shall be selected and employed by the Board of Directors of the Georgia Higher Education Assistance Corporation. The Executive Director and Treasurer shall serve at the pleasure of the Board of Directors and shall receive such salary and other compensation as shall be determined and fixed by the Board.",

and by striking the last two sentences of the second paragraph of Subsection (b) which read as follows:

"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.",

and inserting in lieu thereof a new sentence to read as follows:

"The Executive Director and Treasurer of the Corporation shall be authorized to employ such other professionally qualified personnel, clerical and other employees as authorized by the Board of Directors to effectuate the purposes of the Corporation and of this Act, and such personnel shall be subject to and covered by the Act creating and establishing a merit system of personnel administration, approved February 4, 1943 (Ga. Laws 1943, p. 171), as now or may hereafter be amended.",

so that when so amended the second paragraph of Subsection (b) of Section 4 shall read as follows:

"The Executive Director of the Corporation shall also serve as Treasurer. The Executive Director and Treasurer of the Corpora tion shall be selected and employed by the Board of Directors of the Georgia Higher Education Assistance Corporation. The Execu tive Director and Treasurer shall serve at the pleasure of the Board of Directors and shall receive such salary and other com pensation as shall be determined and fixed by the Board. He shall execute and file with the Corporation a surety bond in the sum

FRIDAY, FEBRUARY 11, 1966

663

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 objectives and details of the loan program. The Executive Director and Treasurer of the Corporation shall be authorized to employ such other professionally qualified personnel, clerical and other empolyees as authorized by the Board of Directors to effectuate the purposes of the Corporation and of this Act, and such personnel shall be subject to and covered by the Act creating and establishing a merit system of personnel administration, approved February 4, 1943 (Ga. Laws 1943, p. 171), as now or may hereafter be amended."

Section 4. Said act is further amended by striking from the first paragraph of Subsection (1) of Section 5 the following:

"$900.00 for the freshman year;",

and inserting in lieu thereof the following:

"$1,000.00 for the freshman year;",

so that when so amended the first paragraph of Subsection (1) of Section 5 shall read as follows:
"(1) To guarantee the loan of money upon such terms and conditions 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, that no loan to any such person shall be guaranteed in excess of the following amounts:
$1,000.00 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."

Section 5. Said Act is further amended by renumbering Subsection (6) of Section 5 as Subsection (10).
Section 6. Said Act is further amended by adding after Subsection (5) of Section 5 four new subsections to be known as Subsections (6),

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(7), (8) and (9), to read as follows:

"(6) To enter into contracts with the Federal Government in order to secure the benefits of any Federal financial aid pro grams for students, colleges and other facilities or institutions providing education.
"(7) To provide that the benefits of any such guaranteed loan program shall not be denied any student because of his family income or lack of need if his adjusted family income at the time any note or written agreement relative to such loan is executed is less than $15,000.00 as may be determined by the Board.

"(8) To provide that any note or other written evidence relating to any such guaranteed loan shall provide that:

(1) The student borrower shall be entitled to accelerate, with out penalty, the payment of the whole or any part of a guaranteed loan,
(2) The period of any guaranteed loan may not exceed fifteen years from the date of execution of the note or other written evidence of the loan, and

(3) The note or other written evidence of any loan may contain such provisions relating to repayment in the event of default by the borrower as may be authorized by the Board in effect at the time such note or written evidence was executed.

"(9) To provide, subject to the provisions of Subsection (8) of this Section that, where the total of the guaranteed loans to any student which are held by any one person exceeds $2,000, repayment of such loans shall be in installments over a period of not less than five years not more than ten years beginning not earlier than nine months nor later than one year after the student ceases to pursue a full-time course of study at an eligible institution, except that if the program provides for the guarantee of loans for part-time study at eligible institutions the program shall provide that such repayment period shall begin not earlier than nine months nor later than one year after the student ceases to carry at an eligible institution at least one-half the normal fulltime academic workload as determined by the institution."

Section 7. Said Act is further amended by striking the last para graph of Section 5 which reads as follows:

"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.",

in its entirety.

FRIDAY, FEBRUARY 11, 1966

665

Section 8. Said Act is further amended by adding in the first sentence of Section 8 after the words "guaranteed by the Corporation" and before the words "shall not require" the words "which do not exceed $2,000.00", so that when so amended Section 8 shall read as follows:

"Section 8. The terms and conditions of any loan guaranteed by the Corporation which do not exceed $2,000.00 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 pro gram for which such loan was made, or three months after he becomes regularly employed, or self-employed, following such com pletion 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 services with the armed forces, not to exceed two years."

Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 31, nays 0, and the substitute was adopted.

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

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

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

SB 129. By Senator Loggins of the 53rd:
A bill to amend an act which comprehensively and exhaustively revised, superseded and modernized appellate and other post-trial procedure in civil and criminal cases, as amended, so as to provide that a party may contest the truth of the pauper's affidavit filed by the party taking an appeal; and for other purposes.

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

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On the passage of the bill, the ayes were 33, nays 0.

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

SB 158. By Senator Fincher of the 51st:
A bill to amend Code section 84-1318, relating to the duties of drug store proprietors respecting registered pharmacists, as amended, so as to provide that drugs, medicines or poisons shall not be dispensed except 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, ayes were 30, nays 0.

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

SB 134. By Senator Webb of the llth:
A bill to amend Code section 102-102, relating to general rules of construction for statutes, as amended by an act approved March 25, 1958 (Ga. Laws 1958, p. 388), so as to provide for additional time within which to complete certain actions when the final date for completing such action shall fall on a public or legal holiday; and for other purposes.

The report of the committee, which was favorable to the passage of the bill was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

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

SB 120. By Senator Johnson of the 38th:
A bill to amend an act providing that it shall be unlawful to sell certain automobiles unless they shall be equipped with safety belts as amended, so as to provide that it shall be unlawful to sell passenger automobiles, station wagons and certain trucks after January 1, 1967, unless the seats therein are equipped with safety belts; and for other purposes.

FRIDAY, FEBRUARY 11, 1966

667

The Committee on Industry and Labor offered the following substitute:

A BILL

To be entitled an Act To amend an Act provided that it shall be unlawful to sell certain automobiles unless they shall be equipped with safety belts and providing- a penalty therefor, approved April 9, 1963 (Ga. Laws 1963, p. 366), as amended by an Act approved March 3, 1964 (Ga. Laws 1964, p. 168), so as to provide that it shall be unlawful to sell passenger automobiles, station wagons and certain trucks after January 1, 1967 unless the seats therein are equipped with safety belts; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An act providing that it shall be unlawful to sell certain automobiles unless they shall be equipped with safety belts and provid ing a penalty therefor, approved April 9, 1963 (Ga. Laws 1963, p. 366), as amended by an Act approved March 3, 1964 (Ga. Laws 1964, p. 168), is hereby amended by renumbering Section 2 and Section 3 as Section 3 and Section 4 respectively.

Section 2. Said act is further amended by adding a new section between Section 1 and Section 3 to be known as Section 2, to read as follows:
"Section 2. On or after January 1, 1967, it shall be unlawful for any person, firm or corporation to sell a new passenger automobile, station wagon or truck in this State unless said automobile, station wagon or truck shall be equipped with two sets of safety belts for the front seat and two sets of safety belts on each additional seat or seats except that if the seating capacity recommended by the manufacturer of any such automobile, station wagon or trunck is less than two persons, only one set of seat belts shall be required on that seat. In the event no recommenda tion is made by the manufacturer relative to the passenger capacity of any such seat then, and in that event, the remaining seat or seats shall contain not less than two sets of safety belts. The safety belts required by this Section shall be installed by the manufacturer prior to delivery to the dealer or shall be installed by the dealer prior to the sale thereof. For the purpose of this Act, the word 'truck' shall mean any truck designed for the transportation of person or property having a gross weight of 5,000 pounds or less."

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Kilpatrick of the 44th offered the following amendment to the committee substitute:

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JOURNAL OP THE SENATE,

Amend committee substitute to SB 120 by adding in section 2 between the words "sell" and "a" the words "or lease".

Adding in section 1 between the words "sell" and "certain" the words "or leave".
Adding in the caption between the words "sell" and "certain" the words "or leave".
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 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 34, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute as amended.
SB 201. By Senator Webb of the llth: A bill to amend section 12 of the act of the General Assembly known as the "Statewide Probation Act", as amended, so as to provide that the probationary feature of a criminal sentence may be revoked in the county of supervision where it is different than the county of original conviction; and for other purposes.
The report 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 146. By Messrs Smith of the 85th, Smith of the 114th, and Drew of the 116th:
A bill to amend Georgia Code Section 13-9933, which prohibits the making or delivery of a worthless check, draft or order for the pay-

FRIDAY, FEBRUARY 11, 1966

669

merit of money, as amended, so as to provide that whenever the money, goods, other property of value, wages or salary obtained has a value in excess of $50.00, then the crime shall constitute a felony; and for other
purposes.

HB 569. By Mr. Clarke of the 45th:
A bill to amend an act creating the Board of Trustees of the Joint Municipal employees' retirement system, so as to provide for fixed benefit plans; and for other purposes.

The House has adopted by the requisite constitutional majority the following resolutions of the House to-wit:
HR 34. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, and Harris of the 118th:
A resolution proposing an amendment to the Constitution so as to provide a method whereby the manner of electing or appointing mem bers of county boards of education and superintendent of schools may be changed by local or special laws and local referendum; to provide for the establishment of area school districts; and for other purposes.

HR 267. By Mr. Byrd of the 28th:
A resolution authorizing the conveyance of certain real estate located in the City of Monroe in Walton County; and for other purposes.

SR 55. By Senators Plunkett of the 30th, Webb of the llth, Johnson of the 42nd and Noble of the 19th: A resolution authorizing a statue, bust or other memorial of Walter Franklin George to be placed in the halls of the Capitol of the State of Georgia; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 33, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
SB 136. By Senator Webb of the llth: A bill to amend Code section 81-1001, relating to the time and place for determining the sufficiency of pleadings, as amended, so as to

670

JOURNAL OF THE SENATE,

remove certain provisions, relating to amendments, which provisions the Supreme Court of Georgia has declared unconstitutional; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was 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 171. By Senators Johnson of the 42nd, Miller of the 43rd, Sanders of the 41st, Wesberry of the 37th, Minish of the 48th, Johnson of the 38th, Maclntyre of the 40th and Kilpatrick of the 44th:
A bill to amend the Metropolitan Atlanta Rapid Transit Authority Act of 1965 (Ga. Laws 1965, p. 2243) by repealing certain provisions with respect to the Interim Study Commission and the holding of referenda as a prerequisite for further participation in the Authority by the local governing bodies of the local governments within the metropolitan area; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.

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

SB 121. By Senator Johnson of the 38th:
A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", as amended, so as to provide that on all 1967 and later model passenger automobiles, station wagons and certain trucks, safety belts on all seats thereof shall be required in order to pass inspection and for an official certificate of inspection and approval to be issued thereon; and for other purposes.

The Committee on Industry and Labor offered the following substitute:
A BILL
To be entitled an act to amend an act known as the "Uniform Act Regulating Traffic on Highways", approved January 11, 1954 (Ga.

FEIDAY, FEBRUARY 11, 1966

671

Laws 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an act approved March 12, 1965 (Ga. Laws 1965, p. 188), so as to provide that on all 1967 and later model passenger automobiles, station wagons and certain trucks, safety belts on all seats thereof shall be required in order to pass inspection and for an official certificate of inspection and approval to be issued thereon; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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 approved March 12, 1965 (Ga. Laws 1965, p. 188), is hereby amended by adding at the end of Section 126 (a) (10) the following:

"Each 1967 and later model passenger automobile, station wagon or truck shall be inspected for and must be equipped with
two sets of safety belts for the front seat and two sets of safety belts on each additional seat or seats except that if the seating capacity recommended by the manufacturer of any such automobile, station wagon or truck is less than two, only one set of seat belts shall be required on that seat. In the event no recommendation is made by the manufacturer relative to the passenger capacity of any such seat then, and in that event, the remaining seat or seats shall contain not less than two sets of safety belts. For the purpose of this Section the word 'truck' shall mean any truck designed for the transportation of person or property having a gross weight of 5,000 pounds or less."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the committtee substitute, the ayes were 30, nays 0, and the substitute was adopted.

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

On the passage of the bill, the ayes were 31, nays 0.

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

672

JOURNAL OF THE SENATE,

Senator Hill of the 29th, Chairman of the Committee on Senate Administra tive 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 73. SB 93. SB 123. SB 135. SB 137. SB 141. SB 143. SB 144. SB 174. SR 49.
Respectfully submitted, Hill of 29th District, Chairman.

The following resolution was read and adopted:

SR 82. By Senator Downing of the 1st:
A resolution urging the citizens of the State to observe Georgia Day; and for other purposes.

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.

SATURDAY, FEBRUARY 12, 1966

673

Senate Chamber, Atlanta, Georgia, Saturday, February 12, 1966.

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.

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

Senator Dean of the 6th reported that the journal of yesterday's proceed ings had been read and found correct.

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

Senator 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 of general bills and resolutions.

The consent was granted.

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

HB 270. By Mr. Overby of the 16th:
A bill to amend an act relating to eminent domain procedures, before a special master, so as to provide a more efficient and certain method

674

JOURNAL OP THE SENATE,

of service upon non-residents who own property condemned; and for other purposes.

HB 272. By Mr. Overby of the 16th:
A bill to amend an act, relating to the procedures connected for the power of eminent domain, so as to provide a more efficient and certain method of service upon non-residents who own the property condemned; and for other purposes.

HB 273. By Mr. Overby of the 16th:
A bill to amend Code Chapter 36-11, relating to condemnation and emi nent domain, so as to provide a more efficient and certain method of service upon non-residents who own the property condemned; and for other purposes.

HB 301. By Mr. Conger of the 89th:
A bill to amend Code Title 13, known as the "Banking Law" of Georgia, so as to provide for the establishment and operation of banking facili ties as an expansion or extension of existing facilities; and for other purposes.

HB 541. By Messrs. Fleming and Simkins of the 106th, Hull and Snellings of the 104th, DeLong and Sherman of the 105th:
A bill to amend Code Section 38-1501, relating to the attendance of witnesses and the fees thereof, so as to provide for the payment of fees to any member of any police force attending any court having a jurisdiction to enforce penal laws of this State; and for other purposes.

HB 318. By Mr. Hull of the 104th:
A bill to amend an act relating to incorporating the Trustees of the Masonic Hall in the City of Augusta, so as to enlarge the powers of the Trustees with respect to providing a Masonic Hall for the use of certain Masonic institutions; and for other purposes.

HB 668. By Mr. Russell of the 92nd:
A bill to amend an act creating fire protection districts in Thomas County, so as to include certain additional land lots within the bound aries of fire district No. 2; and for other purposes.

HB 678. By Mr. Herndon of the 74th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues in Appling County, so as to provide that the members

SATURDAY, FEBRUARY 12, 1966

675

of said Board shall be elected from their respective commissioner dis trict rather than by the voters of the entire county; and for other pur poses.

HB 679. By Mr. Herndon of the 74th:
A bill to amend an act creating a new charter for the City of Baxley, so as to provide that the limitation on the power of the City of Baxley to levy and collect taxes shall not affect the levy and collection of taxes to pay bonded indebtedness incurred under the provisions of the Con stitution and evidenced by bonds validated prior to the effective date; and for other purposes.

HB 680. By Messrs. Nessmith and Lane of the 64th:
A bill to amend an act incorporating the Town of Portal, so as to change the date of municipal elections; and for other purposes.

HB 666. By Messrs. Lewis and Newton of the 50th: A bill to amend an act incorporating the Baptist Church at Buckhead in the County of Burke, so as to vest legal title of the Baptist Church at Buckhead in Burke County, in the Hepzibah Baptist Association; and for other purposes.
HB 660. By Mr. Blair and Mrs. Merritt of the 68th: A bill to amend an act creating the City Court of Americus, so as to increase the compensation of the judge and solicitor of said court; and for other purposes.
HB 661. By Mr. Blair and Mrs. Merritt of the 68th: A bill to amend an act creating a system of retirement for employees of the City of Americus, so as to change the maximum monthly retire ment benefit; and for other purposes.

HB 662. By Mr. Blair and Mrs. Merritt of the 68th:
A bill to amend an act consolidating the several acts granting corporate authority to the City of Americus, so as to authorize the Mayor and City Council of Americus to tax all places of business within said city; and for other purposes.

HB 663. By Mr. Blair and Mrs. Merritt of the 68th:
A bill to amend an act placing the ordinary of Sumter County upon an annual salary, so as to increase the compensation of the ordinary; and for other purposes.

676

JOURNAL OF THE SENATE,

HB 665. By Messrs. Fleming and Simkins of the 106th, Snellings of the 104th, Sherman and DeLong of the 105th:
A bill to amend the Charter of the City of Augusta, so as to provide that the effective date on which one or more of the territories described in said charter amendment, shall become a part of the City of Augusta shall be on January 1 of the year following the year in which the said charter amendment of 1953 is ratified by a majority of the voters; and for other purposes.

HB 667. By Mr. Black of the 56th: A bill to fix the compensation of the county treasurer of all counties having a certain population; and for other purposes.
HB 669. By Mr. Rush of the 75th: A bill to amend an act establishing the City Court of Reidsville, so as to change the method of compensating the solicitor of said court; and for other purposes.
HB 670. By Mr. Rush of the 75th: A bill to abolish the present mode of compensating the clerk of the superior court of Tattnall County, known as the fee system; and for other purposes.

HB 672. By Messrs. Henderson and Wilson of the 102nd, Jordan of the 103rd, Howard of the 101st:
A bill to amend an act providing for the districting of Cobb County into fire prevention districts, so as to provide for the creation of a board of fire commissioners of each fire prevention district in Cobb County; and for other purposes.

HB 675. By Messrs. Lane and Nessmith of the 64th:
A bill to amend an act creating a new charter for the City of Statesboro, so as to change the terms of the mayor and councilmen; and for other purposes.

HB 676. By Mr. Dailey of the 66th:
A bill to amend an act abolishing the present mode of compensating the sheriff of Randolph County, known as the fee system, so as to change the compensation of the deputy sheriff of Randolph County; and for other purposes.

SATURDAY, FEBRUARY 12, 1966

677

HB 684. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A bill to amend an act providing that the County of Muscogee shall supplement the salary of the Judges of the Superior Court of the Chattahoochee Judicial Circuit, so as to change the amount of said supplement; and for other purposes.

HB 685. By Mr. Conner of the 91st: A bill to abolish the present mode of compensating the tax commis sioner of Jeff Davis County, known as the fee system; and for other purposes.
HB 686. By Mr. Conner of the 91st: A bill to abolish the present method of compensating the sheriff of Jeff Davis County, known as the fee system; and for other purposes.

HB 687. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd, Wilson and Henderson of the 102nd:
A bill incorporating the City of Powder Springs, so as to change the qualifications of voters; and for other purposes.

HB 688. By Messrs. Melton and Gaissert of the 34th:
A bill to amend an act consolidating the offices of Tax Receiver and Tax Collector of Spalding County, so as to fix the salary of the Tax Commissioner; and for other purposes.

HB 689. By Messrs. Gaissert and Melton of the 34th:
A bill to amend an act abolishing the fee system of compensation of certain county officers, so as to fix the salary of the Clerk of the Superior Court of Spalding County; and for other purposes.

HB 690. By Messrs. Gaissert and Melton of the 34th:
A bill to amend an act abolishing the fee system of compensation of the Coroner of Spalding County, so as to fix the compensation of the Coroner; and for other purposes.

HB 692. By Messrs. Newton and Matthews of the 94th:
A bill to amend an act creating and establishing a new charter for the City of Moultrie, so as to extend the corporate limits; and for other purposes.

678

JOURNAL OP THE SENATE,

HB 694. By Messrs. Malone, Carley and Vaughn of the 117th, Bean, Evensen, Westlake and Higginbotham of the 119th, Walling, Harris and Levitas of the 118th:
A bill to amend an act creating a board of commissioners of roads and revenues for DeKalb County, so as to increase compensation of the chairman and members of said board; and for other purposes.

HB 696. By Messrs. Story and Watson of the 22nd:
A bill to amend an act creating a new charter for the City of Lawrenceville, by adding additional territories to be included in the city limits of said city; and for other purposes.

HB 697. By Messrs. Story and Watson of the 22nd:
A bill to amend an act of the General Assembly creating a new charter for the City of Lawrenceville, so as to authorize the mayor and council to enact an ordinance prohibiting the operation of public billiard rooms and public pool rooms in said city; and for other purposes.

HB 698. By Messrs. Lowrey, Minge and Starnes of the 13th:
A bill to create the Ployd School District by merging the independent school system of the City of Rome and the county school system of Floyd County; and for other purposes.

HR 288. By Mr. Johnson of the 25th:
A resolution proposing an amendment to the Constitution so as to authorize Elbert County to establish and maintain a program of recrea tion for the citizens of Elbert County; and for other purposes.

HR 289. By Mr. Leonard of the 3rd: A resolution proposing an amendment to the Constitution so as to create the Murray County Industrial Development Authority; and for other purposes.
HR 290. By Mr. Herndon of the 74th: A resolution proposing an amendment to the Constitution so as to create the Appling County Industrial Development Authority; and for other purposes.
HR 291. By Mr. Roach of the 15th: A resolution proposing an amendment to the Constitution so as create the Cherokee County Development Authority; and for other purposes.

SATURDAY, FEBRUARY 12, 1966

679

HR 293. By Messrs. Malone, Carley, Vaughn and Palmer of the 117th, Evensen, Westlake, Higginbotham and Bean of the 119th:
A resolution proposing an amendment to the Constitution so as to provide that the governing authority of DeKalb County shall reimburse the municipalities located wholly within DeKalb County for 30% of the cost of maintaining the police forces of such municipalities; and for other purposes.

HR 295. By Mr. Smith of the 44th:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of the Board of Education of Pike County and to provide for the appointment of the county school superintendent of Pike County by the board of education thereof; and for other purposes.

HB 138. By Messrs. Harrington and Chandler of the 47th and Fulford of the 67th:
A bill to amend an act creating a Department of Public Safety and providing for the issuance, revocation, cancellation and suspension of drivers' licenses, so as to provide for the issuance of honorary driver licenses to members and former members of the National Guard who have twenty or more years creditable sevice therein; and for other purposes.
The House has passed by the requisite constitutional majority the following bill of the Senate to-wit:
SB 187. By Senators Wesberry of the 37th, Salome of the 36th, Johnson of the 38th and others:
A bill to amend an act establishing a new charter for the City of Atlanta, relating to the city limits; 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 558. By Messrs. Harris of the 85th, Gignilliat and Powers of the 113th, Gaynor and Smith of the 114th, Webb of the 65th and others: A bill to repeal Code Section 26-7302, relating to hotel keepers on beaches keeping lifeboats and other related items; and for other pur poses.

680

JOURNAL OF THE SENATE,

HR 334. By Messrs. Brown of the 120th and Steis of the 100th:
A resolution commending Mr. A. M. (Tonto) Coleman; and for other purposes.

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

SB 237. By Senator Webb of the llth:
A bill to fix, allow and provide for the compensation of the sheriff of Miller County; to provide that all fees, fines, forfeitures, costs, com missions, allowances, penalties, funds, moneys, and all other emolu ments and perquisites of said sheriff shall become the property of the county with certain exceptions; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 238. By Senator Edenfield of the 4th:
A bill to amend an act placing the clerk of the Superior Court of Bulloch County upon an annual salary, as amended, so as to authorize the clerk to employ a deputy clerk, a docket clerk and a typist, and to fix their salary; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 138. By Messrs. Harrington and Chandler of the 47th and Fulford of the 67th:
A bill to amend an act creating a Department of Public Safety and providing for the issuance, revocation, cancellation and suspension of drivers' licenses, so as to provide for the issuance of honorary driver licenses to members and former members of the National Guard who have twenty or more years creditable service therein; and for other purposes.
Referred to Committee on Defense and Veterans Affairs.

HB 270. By Mr. Overby of the 16th:
A bill to amend an act relating to eminent domain procedures, before a special master, so as to provide a more efficient and certain method of service upon non-residents who own the property condemned; and for other purposes.
Referred to Committee on Judiciary.

HB 272. By Mr. Overby of the 16th:
A bill to amend an act, relating to the procedures connected for the power of eminent domain, so as to provide a more efficient and cer-

SATURDAY, FEBRUARY 12, 1966

681

tain method of service upon non-residents who own the property con demned; and for other purposes.
Referred to Committee on Judiciary.

HB 273. By Mr. Overby of the 16th:
A bill to amend Code Chapter 36-11, relating to condemnation and eminent domain, so as to provide a more efficient and certain method of service upon non-residents who own the property condemned; and for other purposes.
Referred to Committee on Judiciary.

HB 301. By Mr. Conger of the 89th:
A bill to amend Code Title 13, known as the "Banking Law" of Geor gia, so as to provide for the establishment and operation of banking facilities as an expansion or extension of existing facilities; and for other purposes.
Referred to Committee on Banking and Finance.

HB 318. By Mr. Hull of the 104th:
A bill to amend an act relating to incorporating the Trustees of the Masonic Hall in the City of Augusta, so as to enlarge the powers of the Trustees with respect to providing a Masonic Hall for the use of certain Masonic institutions; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 541. By Messrs. Fleming and Simkins of the 106th, Hull and Snellings of the 104th, DeLong and Sherman of the 105th:
A bill to amend Code Section 38-1501, relating to the attendance of witnesses and the fees thereof, so as to provide for the payment of fees to any member of any police force attending any court having a jurisdiction to enforce penal laws of this State; and for other purposes.
Referred to Committee on Judiciary.

HB 558. By Messrs. Harris of the 85th, Gignilliat and Powers of the 113th, Gaynor and Smith of the 114th, Webb of the 65th and others:
A bill to repeal Code Section 26-7302, relating to hotel keepers on beaches keeping lifeboats and other related items; and for other pur poses.
Referred to Committee on Industry and Labor.

682

JOURNAL OF THE SENATE,

HB 660. By Mr. Blair and Mrs. Merritt of the 68th:
A bill to amend an act creating the City Court of Americus, so as to increase the compensation of the judge and solicitor of said court; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 661. By Mr. Blair and Mrs. Merritt of the 68th:
A bill to amend an act creating a system of retirement for employees of the City of Americus, so as to change the maximum monthly retire ment benefit; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 662. By Mr. Blair and Mrs. Merritt of the 68th:
A bill to amend an act consolidating the several acts granting corporate authority to the City of Americus, so as to authorize the Mayor and City Council of Americus to tax all places of business within said city; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 663. By Mr. Blair and Mrs. Merritt of the 68th:
A bill to amend an act placing the ordinary of Sumter County upon an annual salary, so as to increase the compensation of the ordinary; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 665. By Messrs. Fleming and Simkins of the 106th, Snellings of the 104th, Sherman and DeLong of the 105th:
A bill to amend the Charter of the City of Augusta, so as to provide that the effective date on which one or more of the territories described in said charter amendment, shall become a part of the City of Augusta shall be on January 1 of the year following the year in which the said charter amendment of 1953 is ratified by a majority of the voters; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 666. By Messrs. Lewis and Newton of the 50th:
A bill to amend an act incorporating the Baptist Church at Buckhead in the County of Burke, so as to vest legal title of the Baptist Church at Buckhead in Burke County, in the Hepzibah Baptist Association; and for other purposes.
Referred to Committee on County and Municipal Governments.

SATURDAY, FEBRUARY 12, 1966

683

HB 667. By Mr. Black of the 56th:
A bill to fix the compensation of the county treasurer of all counties having a certain population; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 668. By Mr. Russell of the 92nd:
A bill to amend an act creating fire protection districts in Thomas County, so as to include certain additional land lots within the bound aries of fire district No. 2; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 669. By Mr. Rush of the 75th:
A bill to amend an act establishing the City Court of Reidsville, so as to change the method of compensating the solicitor of said court; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 670. By Mr. Rush of the 75th:
A bill to abolish the present mode of compensating the clerk of the superior court of Tattnall County, known as the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 672. By Messrs. Henderson and Wilson of the 102nd, Jordan of the 103rd, Howard of the 101st:
A bill to amend an act providing for the districting of Cobb County into fire prevention districts, so as to provide for the creation of a board of fire commissioners of each fire prevention district in Cobb County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 675. By Messrs. Lane and Nessmith of the 64th:
A bill to amend an act creating a new charter for the City of Statesboro, so as to change the terms of the mayor and councilman; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 676. By Mr. Dailey of the 66th:
A bill to amend an act abolishing the present mode of compensating the sheriff of Randolph County, known as the fee system, so as to

684

JOURNAL OF THE SENATE,

change the compensation of the deputy sheriff of Randolph County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 678. By Mr. Herndon of the 74th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues in Appling County, so as to provide that the members of said Board shall be elected from their respective commissioner dis trict rather than by the voters of the entire county; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 679. By Mr. Herndon of the 74th:
A bill to amend an act creating a new charter for the City of Baxley, so as to provide that the limitation on the power of the City of Baxley to levy and collect taxes shall not affect the levy and collection of taxes to pay bonded indebtedness incurred under the provisions of the Constitution and evidenced by bonds validated prior to the effective date; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 680. By Messrs. Nessmith and Lane of the 64th: A bill to amend an act incorporating the Town of Portal, so as to change the date of municipal elections; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 684. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thompson of the 110th, Shields and Thompson of the lllth:
A bill to amend an act providing that the County of Muscogee shall supplement the salary of the Judges of the Superior Court of the Chattahoochee Judicial Circuit, so as to change the amount of said supplement; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 685. By Mr. Conner of the 91st:
A bill to abolish the present mode of compensating the tax commis sioner of Jeff Davis County, known as the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

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685

HB 686. By Mr. Conner of the 91st:
A bill to abolish, the present method of compensating the sheriff of Jeff Davis County, known as the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 687. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd, Wilson and Henderson of the 102nd:
A bill incorporating the City of Powder Springs, so as to change the qualifications of voters; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 688. By Messrs. Melton and Gaissert of the 34th:
A bill to amend an act consolidating the offices of Tax Receiver and Tax Collector of Spalding County, so as to fix the salary of the Tax Commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 689. By Messrs. Gaissert and Melton of the 34th:
A bill to amend an act abolishing the fee system of compensation of certain county officers, so as to fix the salary of the Clerk of the Superior Court of Spalding County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 690. By Messrs. Gaissert and Melton of the 34th:
A bill to amend an act abolishing the fee system of compensation of the Coroner of Spalding County, so as to fix the compensation of the Coroner; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 692. By Messrs. Newton and Matthews of the 94th:
A bill to amend an act creating and establishing a new charter for the City of Moultrie, so as to extend the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 694. By Messrs. Malone, Carley and Vaughn of the 117th, Bean, Evensen, Westlake and Higginbotham of the 119th, Walling, Harris and Levitas of the 118th:
A bill to amend an act creating a board of commissioners of roads and revenues for DeKalb County, so as to increase compensation of the chairman and members of said board; and for other purposes.
Referred to Committee on County and Municipal Governments.

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JOURNAL OP THE SENATE,

HB 696. By Messrs. Story and Watson of the 22nd:
A bill to amend an act creating a new charter for the City of Lawrenceville, by adding additional territories to be included in the city limits of said city; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 697. By Messrs. Story and Watson of the 22nd:
A bill to amend an act of the General Assembly creating a new charter for the City of Lawrenceville, so as to authorize the mayor and coun cil to enact an ordinance prohibiting the operation of public billiard rooms and public pool rooms in said city; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 698. By Messrs. Lowrey, Minge and Starnes of the 13th:
A bill to create the Ployd School District by merging the independent school system of the City of Rome and the county school system of Floyd County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 288. By Mr. Johnson of the 25th:
A resolution proposing an amendment to the Constitution so as to authorize Elbert County to establish and maintain a program of recrea tion for the citizens of Elbert County; and for other purposes .
Referred to Committee on County and Municipal Governments.

HR 289. By Mr. Leonard of the 3rd:
A resolution proposing an amendment to the Constitution so as to create the Murray County Industrial Development Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 290. By Mr. Herndon of the 74th:
A resolution proposing an amendment to the Constitution so as to create the Appling County Industrial Development Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.

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687

HR 291. By Mr. Roach of the 15th:
A resolution proposing an amendment to the Constitution so as to create the Cherokee County Development Authority; and for other purposes.
Referred to Committee on County and Municipal Governments,

HR 293. By Messrs. Malone, Carley, Vaughn and Palmer of the 117th, Evensen, Westlake, Higginbotham and Bean of the 119th:
A resolution proposing an amendment to the Constitution so as to provide that the governing authority of DeKalb County shall reim burse the municipalities located wholly within DeKalb County for 30% of the cost of maintaining the police forces of such municipalities; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 295. By Mr. Smith of the 44th:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of the Board of Education of Pike County and to provide for the appointment of the county school superintendent of Pike County by the board of education thereof; and for other purposes.
Referred to Committee on County and Municipal Governments.

The following bills and resolutions were read the second time:

SB 223. By Senators Rowan of the 8th and Kendrick of the 32nd:
A bill relating to deposit of costs by a non-resident plaintiff to re quire every plaintiff to make a deposit on account of costs when he files his suit; and for other purposes.

SB 224. By Senator Fincher of the 54th:
A bill relating to hospital authorities to remove the provisions relat ing to compensation of members of a hospital authority for services as an employee; and for other purposes.

SB 225. By Senator Padgett of the 23rd:
A bill to establish and create the Office of Building Inspector for Rich mond County, Georgia; to provide for the method and manner of his appointment; to provide for his salary and duties; to provide for his assistants and clerks; to provide for an appeal; and for other purposes.

688

JOURNAL OF THE SENATE,

SB 226. By Senator Hall of the 52nd:
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", so as to change the provisions relating to the designation, appointment and terms of office of the members of the Board of Trustees of the Teachers' Retirement System of Georgia; and for other purposes.

SB 227. By Senator Maclntyre of the 40th:
A bill relating to the authority of the State Highway Department to construct, improve, and maintain State-aid roads and the condemna tion of the right-of-way to provide for the acquisition of rights-of-way in advance of need; and for other purposes.

SB 228. By Senator Maclntyre of the 40th:
A bill to amend an Act authorizing the establishment of limited-access highways in this State to provide for the acquisition of rights-of-way in advance of need; and for other purposes.

SB 229. By Senator Minish of the 48th:
A bill to amend an act creating a new judicial circuit for the State of Georgia known as the Gwinnett Judicial Circuit so as to increase the salary of the Solicitor General; and for other purposes.

SB 230. By Senators Miller of the 43rd, Minish of the 48th, Adams of the 26th, Hill of the 29th, Gillis of the 20th and others:
A bill to prohibit certain persons from speaking or entertaining at State supported colleges or universities; and for other purposes.

SB 231. By Senator Downing of the 1st:
A bill relating to the purposes for which the funds of the Department of Public Health may be used to provide that such funds may be used for the correction of physical defects and disfigurement to the human anatomy; and for other purposes.

SB 232. By Senators Rowan of the 8th, Spinks of the 9th, Smith of the 18th, and Holloway of the 12th:
A bill to amend an act entitled the "Motor Vehicle Certificate of Title Act" to repeal the provisions requiring the titling of all motor vehicles by a certain date; and for other purposes.

SB 233. By Senator Downing of the 1st:
A bill relating to mileage allowance for State officers, officials and employees to change the mileage allowance for said employees; and for other purposes.

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689

SB 234. By Senators Wesberry of the 37th, Thompson of the 34th, Coggin of the 35th, Ward of the 39th, and others:
A bill relating to interests on taxes due the state and county to pro vide that in certain counties the minimum interest payment shall be one dollar; and for other purposes.

SB 235. By Senators Johnson of the 38th, Salome of the 36th, Ward of the 39th, and Thompson of the 34th:
A bill 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 to provide that in certain counties property moved away from the premises shall be placed in storage; and for other purposes.

SB 236. By Senators Holley of the 22nd and Padgett of the 23rd:
A bill to amend an act establishing and creating a municipal court in and for the City of Augusta so as to change the compensation of cer tain officers and personnel of said court; and for other purposes.

SR 74. By Senators Broun of the 46th, Carter of the 14th, Plunkett of the 30th and Fowers of the 10th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to appropriate funds to the State Scholarship Commission for the purpose of being used to obtain funds from the Federal Government and to use such funds for the purposes authorized and directed by the Federal Government in making such funds available; and for other purposes.

SR 77. By Senator McKenzie of the 17th:
A resolution creating the Uninsured Motorists Fund Study Committee; and for other purposes.

SR 78. By Senators Rowan of the 8th and Kendrick of the 32nd:
A resolution proposing an amendment to the Constitution so as to change the jurisdiction of justices of the peace in civil cases; and for other purposes.

SR 79. By Senator Ballew of the 50th:
A resolution proposing an amendment to the Constitution so as to create the City of Jasper Industrial Development Authority; and for other purposes.

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JOURNAL OF THE SENATE,

SR 80. By Senator Webb of the llth:
A resolution to create the Air Pollution Study Committee; and for other purposes.

SR 81. By Senator Owens of the 49th:
A resolution proposing an amendment to the Constitution so as to provide for four year terms for members of the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

HB 170. By Messrs. Pickard, Brinkley and Jones of the 112th, Berry of the 110th, Shields and Thompson of the lllth:
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 remove the resident requirements of persons learning the barber trade; and for other purposes.

HB 222. By Messrs. Evensen, Westlake and Higginbotham of the 119th, Dollar of the 89th, Tucker of the 36th, Johnson of the 40th and others:
A bill to amend Code Section 92-2901 relating to the definition of cer tain terms insofar as they are used for the purposes of the motor vehicle license tax, so as to exclude from the definition of a truck motor vehicles which have been designated primarily for the purpose of transporting passengers; and for other purposes.

HB 314. By Messrs. Bedgood and Matthews of the 29th, Lowrey and Starnes of the 13th, Anderson of the 71st, Hadaway of the 46th and many others:
A bill to amend an act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt therefrom certain trans actions wherein personal property is furnished by certain govern mental units for the purpose of installing, repairing or extending water, gas or sewage system; and for other purposes.

HB 324. By Messrs. Newton of the 94th, Marshall of the 30th, Lowrey of the 13th, Collins of the 88th, Reaves of the 99th and Black of the 56th:
A bill to amend an act known as the "Structural Pest Control Act", so as to provide for the election of a Vice-Chairman from the membership of the Commission; and for other purposes.

HB 337. By Mr. Jones of the 76th:
A bill to amend Code Section 92-2406, relating to taxation of shares of banks and banking associations organized under authority of this

SATURDAY, FEBRUARY 1.2, 1966

691

State of the United States, so as to provide for the proper calculation of the market value of the shares of such a bank, by fixing the market value of the shares as the capital, surplus and undivided profits; and for other purposes.

HB 495. By Mr. Lambert of the 38th:
A bill to prohibit the use of alternately flashing blue lights on any motor vehicle, except vehicles belonging to any federal, State, county of municipal police or fire department; and for other purposes.

HB 537. By Messrs. Dorminy of the 82nd, Bowen of the 69th, Doster of the 73rd and Rainey of the 69th:
A bill to place the solicitor general of the Cordele Judicial Circuit upon an annual salary; and for other purposes.

HB 579. By Mr. Floyd of the 7th:
A bill to amend Code Section 88-1812, relating to the levy of tax by counties, cities and towns and that hospital authorities are without the power to tax, so as to provide that the revenues raised may also be used to pay the cost of retiring, refinancing or refunding any out standing debt or other obligation of any nature incurred by such authority; and for other purposes.

HB 580. By Mr. Dickinson of the 27th:
A bill to create within Douglas County a board to administer pro grams of retirement and/or employment for the employees of Douglas County; and for other purposes.

HB 581. By Mr. Dickinson of the 27th:
A bill to create a development authority for the City of Douglasville and Douglas County; and for other purposes.

HB 582. By Mr. Dickinson of the 27th:
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, so as to change the compensation of the clerk of the superior court; and for other purposes.

HB 583. By Mr. Clark of the 2nd:
A bill to amend an act relating to changing the compensation of the ordinary and the superior court of Catoosa County, so as to increase the allowance of clerical help for the clerk of the superior court and the ordinary; and for other purposes.

692

JOURNAL OF THE SENATE,

HB 584. By Mr. Clark of the 2nd:
A bill to amend an act creating the office of tax commissioner of Catoosa County, so as to increase the clerical assistance allowance of the tax commissioner; and for other purposes.

HB 585. By Mr. Clark of the 2nd:
A bill to amend an act creating the office of commissioner of roads and revenue of Catoosa County, so as to increase the compensation of the clerical assistant to the commissioner; and for other purposes.

HB 586. By Mr. Smith of the 44th:
A bill to amend an act prescribing the time for holding the Superior Court of Lamar County, so as to change the time for holding said Court; and for other purposes.

HB 587. By Mr. Smith of the 44th:
A bill to amend an act to establish a new charter for the Town of Milner, Lamar County, so as to change the term of the offices of the Mayor and Councilmen; and for other purposes.

HB 588. By Mr. Harris of the 85th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenue for Glynn County, so as to authorize said Commissioners to license and regulate business in unincorporated areas of Glynn County; and for other purposes.

HB 589. By Mr. Johnson of the 40th:
A bill to amend an act placing the county officers of McDuffie County upon an annual salary, so as to increase the expense allowance author ized for the sheriff for the purpose of hiring deputies; and for other purposes.
HB 592. By Messrs. Peterson and Stalnaker of the 59th:
A bill to amend an act creating a new charter for the City of Perry, so as to increase the maximum compensation authorized for councilmen; and for other purposes.

HB 593. By Messrs. Peterson and Stalnaker of the 59th:
A bill to abolish the present mode of compensating the coroner of Houston County, known as the fee system; and for other purposes.

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693

HB 594. By Mr. Brackin of the 87th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenue for Miller County, so as to change the provisions relating to the compensation of the members of the Board other than the Chair man; and for other purposes.

HB 595. By Messrs. Simkins of the 106th, Sherman and DeLong of the 105th:
A bill to amend an act relating to the establishment of the Charter of the City of Augusta, so as to provide that the person elected as mayor shall receive a majority of the votes cast, and each person elected as a member of the Council shall receive a majority of the votes cast for the office for which he offers as a candidate; and for other pur poses.

HB 596. By Messrs. Blalock and Davis of the 33rd:
A bill to amend an act establishing the City Court of Newnan, so as to change the name of said Court to the Civil and Criminal Court of Coweta County; and for other purposes.

HB 597. By Messrs. McClatchey of the 138th, Townsend of the 140th, Lea of the 126th, Games of the 129th, Lambros of the 130th and others:
A bill to amend an act providing for pensions for members of the Police Department in cities having a population of 150,000 or more, so as to provide that fractional parts of years shall be counted in deter mining the number of years of service with respect to partial pensions, pensions for total and permanent disability; and for other purposes.

HB 598. By Messrs. McClatchey of the 138th, Townsend of the 140th, Lea of the 126th, Games of the 129th, Lambros of the 130th 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, so as to provide that fractional parts of years shall be counted in determining the number of years of service with respect to partial pensions, pensions for total and permanent disability; and for other purposes.

HB 599. By Mr. Alien of the 93rd:
A bill to amend an act placing the tax commissioner of Tift County upon an annual salary, so as to allow for the disposition of certain fees and commissions of the tax commissioner earned prior to the effective date of said act; and for other purposes.

HB 600. By Mr. Alien of the 93rd:
A bill to amend an act placing the clerk of the superior court of Tift County upon an annual salary, so as to allow for the disposition of

694

JOURNAL OF THE SENATE,

certain fees and commissions of the clerk of the superior court earned prior to the effective date of said act; and for other purposes.

HB 603. By Messrs. Farrar, Levitas, Walling and Harris of the 118th, Palmer, Carley, Malone and Vaughn of the 117th and others:
A bill to amend an act providing for the appointment of Assistant Solicitors General of the Stone Mountain Judicial Circuit, so as to provide for the appointment of Assistants to the Solicitor General of the Stone Mountain Judicial Circuit; and for other purposes.

HB 604. By Mr. Mixon of the 81st:
A bill to amend an act creating a new charter for the City of Ashburn, so as to number the positions on the council for election purposes; and for other purposes.

HB 605. By Mr. Mixon of the 81st:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Irwin, so as to change the salary of the clerk; and for other purposes.

HB 606. By Mr. Mixon of the 81st:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Irwin, so as to change the salary of the clerk; and for other purposes.

HB 627. By Mr. Ross of the 31st:
A bill to amend an act creating a Board of Commissioners of Roads and Revenue for Lincoln County, so as to change the provisions relat ing to the Ordinary of Lincoln County serving as clerk of the Board of Commissioners; and for other purposes.

HB 628. By Mr. Ross of the 31st:
A bill to amend an act creating a new charter for the City of Crawfordville, so as to change the time during which the polls shall be open; and for other purposes.

HB 629. By Mr. Ross of the 31st:
A bill to amend an act to abolish the present mode of compensating the sheriff of Taliaferro County, known as the fee system; and for other purposes.

SATURDAY, FEBRUARY 12, 1966

695

HB 630. By Mr. Murphy of the 26th:
A bill to amend an act consolidating the offices of tax receiver and tax collector of Haralson County into the office of tax commissioner of Haralson County, so as to provide clerical help for the tax commis sioner; and for other purposes.

HB 631. By Messrs. Watkins of the 9th, Roach of the 15th, Otwell of the 10th and Duncan of the 4th:
A bill to amend an act supplementing the salary of the Judge of the Superior Courts of the Blue Ridge Judicial Circuit, so as to increase the amount of compensation paid to said Judge by the counties incor porated in the Blue Ridge Judicial Circuit for the purpose of allowing said Judge to hire clerical personnel; and for other purposes.

HB 637. By Messrs. Etheridge of the 123rd, Lambros of the 130th, Dillon of the 128th, Carnes of the 129th and others:
A bill to provide that in certain counties Judge Emeritus of any Court established in lieu of Justice Courts shall be entitled to office space and adequate secretarial assistance upon the request of such Judge Emeritus; and for other purposes.

HB 639. By Mr. Thomas of the 77th:
A bill to amend an act creating the City Court of Jesup, so as to change the terms of court of the city court of Jesup; and for other purposes.
HB 640. By Mr. Thomas of the 77th:
A bill to amend an act incorporating and creating a new charter for the City of Jesup, in Wayne County, so as to authorize the board of commissioners to fix the salary of the city manager and the city recorder, within a certain salary range; and for other purposes.

HB 641. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd, Wilson and Henderson of the 102nd: A bill to amend an Act creating the Civil and Criminal Court of Cobb County, so as to provide for an additional judge; and for other pur poses.
HB 643. By Mr. Hadaway of the 46th: A bill to amend an act fixing the compensation of the County Treas urer of Jasper County; and for other purposes.

696

JOURNAL OF THE SENATE,

HB 644. By Messrs. Minge, Lowrey and Starnes of the 13th:
A bill to amend an act creating the city court of Floyd County, so as to delete therefrom those provisions relating to the compensation of the assistant solicitor of the city court of Floyd County and the secretary to the solicitor; and for other purposes.

HB 645. By Messrs. Minge, Lowrey and Starnes of the 13th:
A bill to amend an act placing the solicitor general of the Rome Judi cial Circuit on an annual salary, so as to change the compensation of the assistant solicitor general of the Rome Judicial Circuit and the clerk-typist; and for other purposes.

HB 648. By Messrs. Overby, Williams and Wood of the 16th:
A bill to amend an act amending the charter of the City of Gainesville, so as to make certain changes in the retirement system for the em ployees of said city; and for other purposes.

HB 649. By Mr. Johnson of the 40th:
A bill to amend an act revising, consolidating and superseding the several acts incorporating the Town of Thomson, so as to increase the corporate limits; and for other purposes.

HB 650. By Messrs. Fleming and Simkins of the 106th, DeLong and Sherman of the 105th, Hull and Snellings of the 104th:
A bill incorporating the City of Augusta and providing a charter thereof, so as to provide that the City of Augusta shall pay certain law enforcement officers of the city who are required to testify in the recorder's court on their off days; and for other purposes.

HB 653. By Mr. Steis of the 100th:
A bill to amend Code Chapter 40-20, relating to automobile and mileage allowances for State officers, officials and employees, so as to pro vide an allowance for said State employees, when traveling other than as a fare-paying passenger in service of the State thereof by private airplane; and for other purposes.

HB 654. By Messrs. Dixon and Sweat of the 83rd:
A bill to amend an act establishing a new charter for the City of Waycross, so as to provide that the city clerk shall be appointed by the city manager with the approval of the commission; and for other purposes.

SATURDAY, FEBRUARY 12, 1966

697

HB 655. By Messrs. Dixon and Sweat of the 83rd:
A bill to repeal an act amending the Charter of the City of Waycross, so as to provide for park and tree and zoning commission in lieu of the present park and tree commission; and for other purposes.

HB 656. By Messrs. Dixon and Sweat of the 83rd:
A bill to amend an act establishing a new charter for the City of Waycross, so as to change the date on which municipal elections are held; and for other purposes.

HB 607. By Mr. Mixon of the 81st: A bill to amend an act creating a new charter for the City of Ashburn, so as to extend the present corporate limits of said city to include certain additional territory to be north and east in the County of Turner contiguous and adjacent to existing boundaries of said City; and for other purposes.
HB 608. By Messrs. Rowland and Carr of the 48th: A bill to amend an act establishing the City Court of Wrightsville, so as to provide an annual salary in lieu of the fee system of compensa tion for the solicitor of said court; and for other purposes.
HB 609. By Messrs. Carr and Rowland of the 48th: A bill to amend an act creating the City Court of Washington County, so as to change the salaries of the judge and the solicitor of said court; and for other purposes.
HB 610. ByMr. McCracken of the 49th: A bill to amend the charter of the City of Wadley, relating to the elec tion of Mayor and Councilmen; and for other purposes.
HB 611. By Mr. Clarke of the 45th: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Butts County, so as to change the compensation of the Commissioners; and for other purposes.

HB 612. By Mr. Clarke of the 45th:
A bill to amend an act changing the compensation of the Ordinary of Butts County from the fee system to the salary system, so as to change the allowance provided for said Ordinary for clerical assist ance; and for other purposes.

698

JOURNAL OP THE SENATE,

HB 613. By Mr. Clarke of the 45th:
A bill to amend an act changing the compensation of the Sheriff of Butts County from the fee system to the salary system, so as to change the compensation of the sheriff; and for other purposes.

HB 614. By Mr. Clarke of the 45th:
A bill to amend an act changing the compensation of the Tax Collector of Butts County from the fee system to a system whereby such Tax Collector shall be entitled to certain commissions and a salary, so as to change the amoutn provided for said Tax Collector for clerical as sistance; and for other purposes.

HB 615. By Mr. Clarke of the 45th:
A bill to amend an act creating a new charter for the City of Jackson, so as to provide for the annexation of certain additional territory into the corporate limits of the City of Jackson, to designate such additional annexed territories as the 5th Ward; and for other purposes.

HB 616. By Mr. Clarke of the 45th:
A bill to repeal an act incorporating the Town of Pepperton in Butts County; and for other purposes.

HB 617. By Messrs. Carley, Palmer, Malone and Vaughn of the 117th, Levitas, Walling, Harris and Farrar of the 118th and others:
A bill to amend an act providing a salary for the official court reporter of the Stone Mountain Judicial Circuit, so as to increase the compensa tion of the official court reporter; and for other purposes.

HB 619. By Mr. Bowen of the 69th:
A bill to provide a salary for the Coroner of Dooly County in lieu of fees; and for other purposes.

HB 620. By Messrs. Busbee, Lee, Odom and Hutchinson of the 79th:
A bill to provide for appointments to and the filling of vacancies on the Albany-Dougherty Hospital Authority; and for other purposes.

HB 621. By Messrs. Mitchell, Smith and Leonard of the 3rd:
A bill amending the charter of the City of Dalton, by incorporating in said city certain lands and territory located in Land Lot No. 163 in the 12th District and 3rd Section of Whitfield County; and for other purposes.

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699

HB 623. By Messrs. Mitchell, Smith and Leonard of the 3rd:
A bill to authorize the governing authority of Whitfield County to pro vide group insurance policies for their regular employees, and for other purposes.

HB 624. By Messrs. Mitchell, Smith and Leonard of the 3rd:
A bill to amend an act consolidating, amending and codifying the vari ous acts incorporating the City of Dalton, so as to change the maximum fine and punishment which may be imposed by said court; and for other purposes.
HB 625. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd, Wilson and Henderson of the 102nd:
A bill to amend an act incorporating the Town of Austell and reincorporating said town as a city, so as to increase the corporate limits; and for other purposes.

HR 23. By Mr. Lovell of the 6th: A resolution compensating Mr. Clayton Ramey; and for other purposes.

HR 93. By Mr. Owenby of the 16th: A resolution to compensate Den M. Acres, Jr.; and for other purposes.

HR 161. By Mr. Clark of the 2nd:
A resolution proposing an amendment to the Constitution so as to remove the Authority of the board of tax administrators for Catoosa County to levy taxes; and for other purposes.

HR 167. By Mr. Fleming of the 106th: A resolution relative to a monument for the 1st Calvary Division; and for other purposes.
HR 177. By Mr. Harris of the 118th: A resolution compensating Mr. and Mrs. Samuel C. Williams; and for other purposes.
HR 189. By Mr. Collins of the 62nd: A resolution compensating Deputy Sheriff Dessie Kea; and for other purposes.

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JOURNAL OF THE SENATE,

HE 192. By Mr. Rainey of the 69th:
A resolution to compensate William Myers Brock; and for other pur poses.

HR 227. By Mr. Overby of the 16th: A resolution compensating William T. Bell; and for other purposes.

HR 229. By Mr. Maddox of the 8th: A resolution compensating Mr. Joe B. Bunch; and for other purposes.

HR 230. By Mr. Maddox of the 8th:
A resolution compensating Mr. William Walraven; and for other pur poses.
HR 231. By Mr. Maddox of the 8th:
A resolution compensating Easter Paye Garrett; and for other pur poses.
HR 243. By Mr. Harris of the 85th: A resolution proposing an amendment to the Constitution so as to authorize the governing body of the City of Brunswick to levy an annual ad valorem tax upon the taxable property located in that dis trict and area within said city described as Downtown Brunswick and to provide for the powers, authority, funds, purposes, and procedure connected therewith; and for other purposes.

HR 244. By Messrs. Smith, Mitchell and Leonard of the 3rd: A resolution declaring certain property of the State surplus, authoriz ing the State Properties Control Commission to sell such property; and for other purposes.
HR 249. By Mr. Johnson of the 25th: A resolution compensating Alan Vaughter; and for other purposes.

HR 251. By Mr. Barber of the 24th: A resolution compensating Mr. J. W. Keith; and for other purposes.

HR 252. By Mr. Barber of the 24th:
A resolution compensating Mr. Daniel L. Sailors; and for other pur poses.

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701

HR 259. By Mr. Wilson of the 102nd:
A resolution compensating A. L. Hyde and Harold Hyde; and for other purposes.

HR 260. By Mr. Wilson of the 102nd: A resolution compensating Mr. Clyde Glore; and for other purposes.

HR 263. By Mr. Clarke of the 45th:
A resolution proposing an amendment to the Constitution so as to create the Monroe County Development Authority; and for other purposes.

HR 264. By Messrs. Wilson and Henderson of the 102nd, Jordan of the 103rd and McDaniell of the 101st:
A resolution proposing an amendment to the Constitution so as to pro vide for special qualifications for electors which shall be eligible to vote in any election conducted within Cobb County prior to Cobb County or any political subdivision located therein incurring indebtedness; and for other purposes.
HR 265. By Messrs. Davis and Blalock of the 33rd:
A resolution proposing an amendment to the Constitution so as to create the Heard County Development Authority; and for other pur poses.
HR 266. By Mr. Rainey of the 69th:
A resolution proposing an amendment to the Constitution so as to authorize the City of Cordele to issue revenue bonds for the purpose of financing the costs of paving or otherwise repairing and construct ing streets and sidewalks and the relocation and repairing of utility and drainage facilities, and to assess the cost thereof against abutting property owners for repayment of bonds; and for other purposes.

HR 271. By Mr. Grahl of the 52nd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to consolidate and combine the offices of the clerk of the superior court and ordinary of Crawford County into one office; and for other purposes.

HR 272. By Mr. Paris of the 23rd:
A resolution proposing an amendment to the Constitution so as to create the Barrow County School system by merging the independent school

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system of the City of Winder and the county school system of Barrow County into one school district; to create a Board of Education of said system; to provide for the appointment of a school superintendent and for other purposes.

HR 273. By Messrs. Lane and Nessmith of the 64th: A resolution proposing an amendment to the Constitution so as to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Statesboro and Bulloch County Develop ment Authority; and for other purposes.
HR 274. By Messrs. Blalock and Davis of the 33rd: A resolution proposing an amendment to the Constitution so as to create the Coweta County Development Authority; and for other purposes.

HR 281. By Messrs. Collins of the 62nd and Underwood of the 61st:
A resolution proposing an amendment to the Constitution so as to authorize the Vidalia Development Authority to extend its activities into Montgomery County and to provide the procedure connected there with; and for other purposes.
HR 283. By Messrs. Smith, Mitchell and Leonard of the 3rd:
A resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Whitfield County to license and otherwise regulate the hauling, dumping, burning and other related matters of materials in said county; and for other purposes.

HR 284. By Messrs. Gary, Lee and Harrell of the 35th:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Clayton County to levy a tax not exceeding % the mill on all of the taxable property in the county, for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Clayton County; and for other purposes.

HR 285. By Messrs. Newton and Lewis of the 50th:
A resolution to authorize the Governor to execute a deed to the United States conveying a certain tract or parcel of land now owned by the State, located in Jenkins County and is now a part of Magnolia Springs State Park, to be used by the United States Department of the In terior, Pish and Wildlife Service, for the purpose of constructing build ings for a fish hatchery; and for other purposes.

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703

HR 287. By Messrs. McCracken of the 49th, Phillips of the 41st, Sherman and DeLong of the 105th, Dollar of the 89th, Richardson of the 116th, Tye and Kiley of the 115th and Gaynor of the 114th:
A resolution creating the Rivers and Harbors Development Commis sion of the State of Georgia; and for other purposes.

HR 34. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A resolution proposing an amendment to the Constitution so as to provide a method whereby the manner of electing or appointing members of county boards of education and superintendent of schools may be changed by local or special law and local referendum; to pro vide for the establishment of area school districts; and for other pur poses.
HR 267. By Mr. Byrd of the 28th:
A resolution authorizing the conveyance of certain real estate located in the City of Monroe in Walton County; and for other purposes.

HB 36. By Messrs. Murphy of the 26th, Matthews of the 29th, Paris of the 23rd and Overby of the 16th:
A bill to amend Code Title 27, relating to criminal procedure so as to delete therefrom the requirement that a jury be present in order that an appearance bond or recognizance may be forfeited; and for other purposes.
HB 146. By Messrs. Smith of the 85th, Smith of the 114th and Drew of the 116th:
A bill to amend Georgia Code section 13-9933, which prohibits the mak ing or delivery of a worthless check, draft or order for the payment of money, as amended, so as to provide that whenever the money, goods, other property of value, wages or salary obtained has a value in excess of $50.00, then the crime shall constitute a felony; and for other pur poses.
HB 206. By Mr. Hull of the 104th:
A bill to amend an act relating to insurance, so as to delete the require ments of the minimum capital required to be invested in cash and in certain type securities and to substitute other requirements as to the investment of such minimum capital; and for other purposes.

HB 519. By Messrs. Caldwell of the 51st:
A bill to amend an act providing retirement benefits for the clerks of the superior courts of Georgia, so as to provide that the delinquent

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payments required to be made into the fund by the clerks shall bear interest; and for other purposes.

HB 569. By Mr. Clarke of the 45th:
A bill to amend an act creating the Board of Trustees of the Joint Municipal Employees' Retirement System, so as to provide for fixed benefit plans; and for other purposes.

HB 193. By Messrs. Lowrey of the 13th, Newton of the 94th, Russell and Oglesby of the 92nd, Reaves of the 99th, Wells of the 30th, Overby and Williams of the 16th:
A bill to amend Code chapter 42-2, relating to concentrated commercial feeding stuffs, so as to change the inspection fee upon concentrated commercial feeding stuffs; and for other purposes.

HB 664. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, and Harris of the 118th:
A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1966, and for the fiscal year ending June 30, 1967, in addition to any other appropriations heretofore or hereafter made for the operation of the agency of the State provided for herein; and for other purposes.

HB 691. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend an act providing appropriations for the State Govern ment for the fiscal year 1965-66 and the fiscal year 1966-67, so as to reduce the appropriation for the Governor's Emergency Fund; to in crease the appropriation for the State Board of Correction; and for other purposes.
HB 480. By Mr. Egan of the 141st:
A bill to provide for personal jurisdiction over any non-domiciliary, or his executor or administrator, as to a cause of action arising from the transaction of business within the state, or the commission of a tortious act within the state, or owning, using or possessing real prop erty situated within the state; and for other purposes.

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

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705

and resolution of the Senate and House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
HB 111. Do Not Pass. HB 169. Do Pass by Substitute. SR 71. 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 fol lowing bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HB 198. Do Pass. Respectfully submitted, Gillis of 20th District, Chairman.

Mr. Johnson of the 42nd District, Secretary of the Committee on Retirement, submitted the following report:
Mr. President:
Your Committee on Retirement 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 134. Do Pass as Amended. Respectfully submitted, Johnson of 42nd 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 House and Senate and has instructed me as

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Chairman, to report the same back to the Senate with the following recommenda tions:
HB 86. Do Pass as Amended.

HB 95. Do Pass by Substitute. SB 50. Do Pass by Substitute. SB 147. Do Pass. HB 476. Do Pass. HB 477. Do Pass. HB 632. Do Pass. HB 633. Do Pass. HB 634. Do Pass. HB 635. Do Pass. HB 636. Do Pass.
Respectfully submitted, Downing of 1st District, Chairman.

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 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 190. Do Pass. HB 85. Do Pass by Substitute.
Respectfully submitted, Padgett of 23rd District, Secretary.

The following resolution was read and adopted:

SR 75. By Senators Kidd of the 25th and Kendrick of the 32nd:
A resolution inviting the Acapella Choir of the Women's College of Georgia to appear before the Senate; and for other purposes.

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707

The following local uncontested bills and resolutions, favorably reported by the committee, were read the third time, and put upon their passage:
SB 117. By Senator Kidd of the 25th:
A bill to abolish the present mode of compensating the sheriff of Baldwin 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 28, nays 0.

The bill, having received the requisite constitutional majority, was passed.
SB 194. By Senators Johnson of the 38th, Thompson of the 34th, Maclntyre of the 40th and others: A bill relating to the jurisdiction of the court of ordinary in counties having a population of more than 500,000 according to the last or any future Federal decennial census; to provide for the appointment of a deputy ordinary to execute orders and issue licenses; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.

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

SB 196. By Senator Minish of the 48th:
A bill to amend an act creating a new charter for the town of Maysville, as amended, so as to change the date of the election for mayor and aldermen; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.

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

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SB 50. By Senators Wesberry of the 37th, Johnson of the 38th, Maclntyre of the 40th and others:
A bill to grant to state certain basic powers, including powers to require the repair, closing or demolition of certain dwellings; to provide for the execution of said act by ordinance; and for other purposes.

The Committee on County and Municipal Governments offered the following substitute:
A BILL
To be entitled an Act to grant to the incorporated municipalities of this State having a population of more than 300,000, according to the last or any future Federal Decennial Census, certain basic powers, in cluding certain powers to require the repair, closing or demolition of certain dwellings, buildings or structures; to define certain terms when ever used or referred to in this article; to provide for the execution of said Act by ordinance; to provide standards by ordinance; to provide for service; to provide remedies; providing the effect of this Act, on other laws; to provide additional powers of the public officer; to provide for the administration of ordinances adopted pursuant to this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. This Act shall be applicable to incorporated municipali ties of the State of Georgia having a population of more than 300,000 according to the last or any future Federal Decennial Census. It shall be effective as to municipalities now coming within the population classification on the first day of the month succeeding its approval by the Governor. As to municipalities subsequently coming within the population classification, it shall be effective on the first day of January following the publication of the Federal Census.
Section 2. It is hereby found and declared that in municipalities of this State having a population exceeding 300,000 there is the existence or occupancy of dwellings or other buildings or structures which are unfit for human habitation, commercial, industrial or business oc cupancy or use and are inimical to the welfare, and are dangerous and injurious to the health, safety and morals of the people of this State, and that a public necessity exists for the repair, closing or demolition of such dwellings, buildings or structures. Whenever the governing authority of any municipality of this State with a population exceeding 300,000 finds that there exists in such municipality dwellings, buildings or structures which are unfit for human habitation, commercial, in dustrial or business uses due to dilapidation and defects increasing the hazards of fire, accidents or other calamities, lack of adequate venti lation, light or sanitary facilities, or due to other conditions rendering such dwellings, buildings or structures unsafe or unsanitary, or danger ous or detrimental to the health, safety or morals, or otherwise inimical to the welfare of the residents of such municipality, power is hereby conferred upon such municipality to exercise its police power to repair,

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709

close or demolish the aforesaid dwellings, buildings or structures in the manner herein provided.

Section 3. The following terms whenever used or referred to in this article shall have the following respective meanings for the purposes of this article, unless a different meaning clearly appears from the context:
(1) "Dwellings, buildings or structures" shall mean any build ing or structure or part thereof, used and occupied for human habi tation, commercial, industrial or business uses or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith, and also includes any building or structure of any design.

(2) "Governing body" shall mean the Council, Board of Com missioners, Board of Aldermen or other legislative body charged with governing a municipality.

(3) "Municipality" shall mean any incorporated city or town with a population exceeding 300,000 according to the last or any future Federal Decennial Census.

(4) "Owner" shall mean the holder of the title in fee simple and every mortgagee of record.

(5) "Parties in interest" shall mean persons in possession of said property, all individuals, associations and corporations who have interest of record in the County where property is located in a dwelling, building or structure, including executors administra tors, guardians and trustees.

(6) "Public authority" shall mean any housing authority or any officer who is in charge of any department or branch of the government of the municipality, county or state relating to health, fire, building regulations or to other activities concerning dwellings, buildings or structures in the municipality.

(7) "Public officer" shall mean the officer or officers who are authorized by ordinances adopted hereunder to exercise the powers prescribed by such ordinances and by this article or any agent of such officer or officers.

Section 4. Upon the adoption of an ordinance finding that dwell ing, building or structure conditions of the character described in Sec tion 2 exist within a municipality, the governing body of such municipal ity is hereby authorized to adopt ordinances relating to the dwellings, buildings or structures within such municipality which are unfit for human habitation, commercial, industrial or business uses. Such ordi nances shall include the following provisions:

(1) That a public officer be designated or appointed to exer cise the powers prescribed by the ordinances.

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(2) That whenever a request is filed with the public officer by a public authority or by at least five residents of the municipality charging that any dwelling, building or structure is unfit for hu man habitation or for commercial, industrial or business use, or whenever it appears to the public officer (on his own motion) that any dwelling, building or structure is unfit for human habitation, or is unfit for its current commercial, industrial or business use, the public officer shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and/or parties in interest in such dwelling, building or structure, a complaint stating the charges in that respect and con taining a notice that a hearing will be held before the public officer (or his designated agent) at a place within the county in which the property is located therein, fixed not less than ten days nor more than thirty days after the serving of said complaint; that the owner and/or parties in interest shall be given the right to file an answer to the complaint and to appear in person, or other wise, and give testimony at the place and time fixed in the com plaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the public officer.
(3) That if, after such notice and hearing, the public officer determines that the dwelling, building or structure under considera tion is unfit for human habitation or is unfit for its current com mercial, industrial or business use, he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order,
a. If the repair, alteration or improvement of the said dwelling, building or structure can be made at a reasonable cost in relation to the value of the dwelling, building or structure (the ordinance of the municipality may fix a certain percentage of such value as being reasonable for such purpose), requiring the owner and/or parties in interest, within the time specified to repair, alter or improve such dwelling, building or structure, to render it fit for human habitation, or for current commercial, industrial or business use, or to vacate and close the dwelling, building or structure as a human habitation; or
b. If the repair, altez-ation or improvement of the said dwelling, building or structure cannot be made at a reasonable cost in rela tion to the value of the dwelling, building or structure (the ordi nance of the municipality may fix a certain percentage of such value as being reasonable for such purpose), requiring the owner and/or parties in interest, within the time specified in the order, to remove or demolish such dwelling, building or structure.
(4) That, if the owner and/or parties in interest fail to comply with an order to repair, alter or improve or to vacate and close or demolish the dwelling, building or structure, the public of ficer may cause such dwelling, building or structure to be repaired, altered or improved or to be vacated and closed or demolished; that the public officer may cause to be posted on the main entrance of any building, dwelling, or structure so closed, a placard with the following words:

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711

"This building is unfit for human habitation or commercial, industrial or business use; the use or occupation of this building for human habitation or for commercial, industrial or business use is prohibited and unlawful."

(5) That, if the owner fails to comply with any order to alter, repair, remove or demolish the dwelling, building or structure, the public officer may cause such dwelling, building or structure to be altered, repaired, removed or demolished. Provided, however, that the duties of the public officer, set forth in subdivisions (4) and (5), shall not be exercised until the governing body shall have by ordinance ordered the public officer to proceed to effectuate the purpose of this article with respect to the particular property or properties which the public officer shall have found to be unfit for human habitation or unfit for its current commercial, industrial or business use, and which property or properties shall be de scribed in the ordinance.

(6) That, the amount of the cost of such repairs, alterations or improvements, or vacating and closing, or removal or demolition by the public officer shall be a lien against the real property upon which such cost was incurred. Said lien shall attach to the real property upon the payment of all costs of repair, alteration and demolition by the municipality and the filing of an itemized state ment of the total sum of said costs by the public officer in the office of the clerk of the governing body of the municipality on a lien docket maintained by said clerk for such purposes. If the dwelling, building or structure is removed or demolished by the public officer, he shall sell the materials of such dwellings, build ings or structures and shall credit the proceeds of such sale against the cost of the removal or demolition and any balance remaining
shall be deposited in the Superior Court by the public officer, shall be secured in such manner as may be directed by such court, and shall be disbursed by such court to the persons found to be en titled thereto by final order or decree of such court. Provided, however, that nothing in this section shall be construed to impair or limit in any way the power of the municipality to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.

(7) Municipal corporations may enforce the collection af any amount due on such lien for alteration, repair, removal or demoli tion of dwellings, buildings or structures in the same manner as provided in Ga. Laws 1884-85, p. 148 (Ga. Code 92-4201), and other applicable State statutes. This procedure shall be subject to the right of redemption by any person having any right, title or interest in or lien upon said property, all as provided by Ga. Laws 1935, p. 466 (Ga. Code 92-4402) and Ga. Laws 1937, pp. 491, 492 (Ga. Code 92-9301 et seq.)

Section 5. An ordinance adopted by a municipality under this article shall provide that the public officer may determine, under existing ordinances, that a dwelling, building or structure is unfit for human habitation or is unfit for its current commercial, industrial or

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business use if he finds that conditions exist in such building, dwelling or structure which are dangerous or injurious to the health, safety or morals of the occupants of such dwelling, building or structure, the occupants of neighborhood dwellings, buildings or structures or other residents of such municipality; such conditions may include the follow ing (without limiting the generality of the foregoing):

Defects therein increasing the hazards of fire, accidents, or other calamities, lack of adequate ventilation, light or sanitary facilities; dilapidation; disrepair, structural defects; uncleanliness.

Such ordinance may provide additional standards to guide the public officer, or his agents, in determining the fitness of a dwelling, building or structure for human habitation or for its current commercial, indus trial or business use.
Section 6. (a) Complaints or orders issued by a public officer pursuant to an ordinance adopted under this article shall, in all cases, be served upon persons in possession of said property, owners and parties in interest, and the return of service, signed by the public officer or his agent, or an affidavit of service executed by any citizen of this State, reciting that a copy of such complaint or orders was served upon persons in possession of said property, owners and parties in interest personally, or by leaving such copy at the place of his residence, shall be sufficient evidence as to the service of such person in possession, owners and parties in interest.

(b) If any of the owners and parties in interest shall reside out of the municipality, service shall be perfected by causing a copy of such complaint or orders to be served upon such party or parties by the sheriff or any lawful deputy of the county of the residence of such party or parties, or such service may be made by any citizen and the return of such sheriff or lawful deputy, or the affidavit of such citizen, that such party or parties were served, either personally or by leaving a copy of the complaint or orders at the residence, shall be conclusive as to such service.
(c) Nonresidents of this State shall be served by publishing the same once each week for two successive weeks in a newspaper printed and published in the municipality or, in the absence of such newspaper, in one printed and published in the county and circulated in the muni cipality in which the dwellings, buildings or structures are located. A copy of such complaint or orders shall be posted in a conspicuous place or premises affected by the complaint or orders. A copy of such com plaint or orders shall also be filed in the proper office or offices for the filing of lis pendens notices in the county in which the dwelling, building or structure is located and such filing of the complaint or orders shall have the same force and effect as other lis pendens notices provided by law. Where the address of such nonresidents is known, a copy of such complaint or orders shall be mailed to them by registered mail.
(d) In the event the owner or any parties in interest are minors or insane person or persons laboring under disabilities, the guardian or other personal representative of such persons shall be served and

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713

if such guardian or personal representative reside outside the munici pality or is a nonresident, he shall be served as hereinbefore provided in such cases. If such minor or insane person or persons laboring under disabilities has no guardian or personal representative, service shall be perfected by serving such minor or insane person personally, or by leaving a copy at the place of his residence, which shall be suf ficient evidence as to the service of such person or persons or in the event such minor insane person lives out of the municipality, or is a nonresident, by serving such minor or insane person by the method herein provided; in the ease of other persons who live out of the municipality, or are nonresidents, and by serving the ordinary of the county wherein such property is located who shall stand in the place of and protect the rights of such minor or insane person or appoint a guardian ad litem for such persons.

(e) In the event the whereabouts of any owner or party of interest is unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence and the public officer shall make an affidavit to that effect then the service of such complaint or order upon such persons shall be made in the same manner as provided in subparagraph (c) above or service may be perfected upon any person, firm or corporation holding itself out as an agent for the property involved.

Section 7. Any person affected by an order issued by the public officer may petition to the Superior Court for an injunction restraining the public officer from carrying out the provisions of the order and the court may, upon such petition, issue a temporary injunction restrain ing the public officer pending the final disposition of the cause. Pro vided, however, that within 15 days after the posting and service of the order of the public officer, such person shall present such petition to the court. De novo hearings shall be had by the court on petitions within twenty days. The court shall hear and determine the issues raised and shall enter such final order or decree as law and justice may require. Provided, however, that it shall not be necessary to file bond in any amount before obtaining a temporary injunction under this action.

Section 8. Nothing in this article shall be construed as preventing the owner or owners of any property from receiving just compensation for the taking of such property by the power of eminent domain under the laws of this State, nor as permitting any property to be condemned or destroyed except in accordance with the police power of the State.

Section 9. An ordinance adopted by the governing body of the municipality may authorize the public officer to exercise such powers as may be necessary or convenient to carry out and effectuate the purpose and provisions of this article, including the following powers in addition to others herein granted:

(1) To investigate the dwelling conditions in the municipality in order to determine which dwellings, buildings or structures there in are unfit for human habitation or are unfit for current com mercial, industrial or business use;

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(2) To administer oaths, affirmations, examine witnesses and receive evidence;
(3) To enter upon premises for the purpose of making exami nations. Provided, however, that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession;
(4) To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purposes of the ordinances; and
(5) To delegate any of his functions and powers under the ordinance to such officers and agents as he may designate.

Section 10. Any municipality is authorized to make such appropria tions from its revenues as it may deem necessary and may accept and apply grants or donations to assist it in carrying out the provisions of ordinances adopted in connection with the exercise of the powers granted hereunder.
Section 11. Nothing in this article shall be construed to abrogate or impair the powers of the courts or of any department of any municipality to enforce any provisions of its charter or its ordinances or regulations, nor to prevent or punish violations thereof; and the powers conferred by this article shall be in addition and supplemental to the powers conferred by any other law.

Section 12. Ordinances relating to the subject matter of this act adopted prior to the effective date thereof shall have the same force and effect on and after said date as ordinances adopted subsequent to and by authority of this act.

Section 13. The provisions of this act are hereby declared to be severable, and should any provisions hereof be declared unconstitutional, the remaining Sections shall remain in full force and effect.

Section 14. All laws and parts of laws in conflict herewith are hereby repealed.

On the adoption of the substitute, the ayes were 33, nays 0, and the sub stitute was adopted.

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

On the passage of the bill, the ayes were 33, nays 0.

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

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715

HB 210. By Mr. Leonard of the 3rd:
A bill to abolish the present mode of compensating the clerk of the superior court, the sheriff, the ordinary and the tax commissioner of Murray County, known as the fee system, to provide in lieu thereof annual salaries for such officers; and for other purposes.

The Committee on County and Municipal Governments offered the following amendment:
Amend HB 210 by inserting in the title immediately before the phrase "to provide an effective date" the following:
"to provide for arbitration;".
By renumbering Sections 13 through 16 as Sections 14 through 17 and by inserting following Section 12 a new Section to be known as Section 13 and to read as follows:
"Section 13. In the event any of the above-named officers shall be dissatisfied with the decision of the governing authority of Murray County in respect to any item provided for in Sections 11 and 12 of this act, such officer shall be entitled to appeal the decision of the governing authority thereon to an arbitration com mittee to be composed of one member who shall be appointed by the dissatisfied officer, one member to be appointed by the govern ing authority of Murray County, and one member to be selected by the two remaining members of the arbitration committee. The members of the arbitration committee shall be appointed within ten days of the notice of the appeal which shall be filed by the dissatisfied officer. In the event either of the parties shall fail to appoint a member to the committee within ten days or the two members of the arbitration commitee shall fail to agree as to the third member, the judge of the Superior Court of the Conasauga judicial circuit shall make the appointment of such member. The committtee shall meet at such time and place as the committee shall agree upon and, after giving notice to the parties concerned and affording them an opportunity to be heard on all matters in controversy, shall proceed to resolve all matters contained within the appeal. The decision of the arbitration committee shall be final and binding. Each member of the committee shall receive the sum of $10.00 per day, payable from the funds of Murray County for each day of service as a member of the committee."

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

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

On the passage of the bill, the ayes were 33, nays 0.

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

HB 552. By Messrs. Hull of the 104th and DeLong of the 105th:
A bill to amend an act changing from the fee to the salary system certain of the county officers of certain counties of this State, so as to change the compensation of certain employees of the sheriff's office; and for other purposes.

The Committee on County and Municipal Governments offered the following amendment:
Amend HB 552 by striking from quoted section 3, which section is quoted in section 1 of said bill, the following:
"1 Deputy Sheriff Mechanic Lieutenant--_.__.._----_ $395.00",

and substituting in lieu thereof the following: "1 Deputy Sheriff Mechanic Lieutenant._...._.....__...___.... $450.00".

On the adoption of the amendment, the ayes were 28, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
HB 491. By Messrs. Bedgood and Matthews of the 29th: A bill to amend an act providing for the merger of the independent school system of the mayor and council of the City of Athens and the existing school district of Clarke County, so as to provide that no educational tax shall be levied at a rate in excess of 20 mills; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Amend HB 491 by inserting in the title, immediately before the phrase "to repeal conflicting laws", the following:

SATURDAY, FEBRUARY 12, 1966

717

"to provide for an effective date;".

By renumbering Section 2 as Section 3.

By inserting following Section 1 a new Section 2 to read as follows:

"Section 2. The provisions of this Act shall become effective January 1, 1968."

On the adoption of the amendment, the ayes were 28, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
HB 415. By Mr. Clark of the 2nd: A bill to abolish the present mode of compensating the sheriff of Catoosa County; and for other purposes.

The Committee on County and Municipal Governments offered the following amendment:
Amend HB 415 by striking from the last sentence of Section 6 the figure "$5,000.00" and inserting in lieu thereof the figure "$7,500.00".

On the adoption of the amendment, the ayes were 28, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

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

718

JOURNAL OF THE SENATE,

HB 503. By Messrs. Elliott of the 107th, Knapp, Stewart, Wilson and Jones of the 109th and Bryant of the 108th:
A bill to amend an act establishing the City Court of Macon, in and for the County of Bibb, so as to provide for the establishment of a court probation office, the appointment of probation officers and other assistants, to provide duties of said probation officers; and for other purposes.

The Committee on County and Municipal Governments offered the following amendment:
Amend HB 503 by inserting before the phrase "duties of said probation officer", as it appears in the title thereof, the words "for the rights, powers and".

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

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

On the passage of the bill, the ayes were 33, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
SB 157. By Senators Padgett of the 23rd and Holley of the 22nd:
A bill to provide that in all counties of this State having a certain population the senior judge of the superior court of said counties shall be authorized and empowered to appoint a jury clerk to serve at the pleasure of said judge; and for other purposes.

The Committee on County and Municipal Governments offered the following amendment:
Amend SB 157 as follows:
By striking from the title the following:
"to provide that prospective jurors of such counties shall b? required to answer certain questionnaires relative to their qualifica tions;"
and
"to provide a penalty;".

SATURDAY, FEBRUARY 12, 1966

719

By striking Section 2 in its entirety.

By striking Section 3 in its entirety.

By renumbering Sections 4 and 5 as Sections 2 and 3 respectively.

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

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
HB 507. By Messrs. Overby, Wood and Williams of the 16th: A bill to incorporate and to grant a new charter to the City of Oakwood; and for other purposes.

The Committee on County and Municipal Governments offered the following amendments:
Amend Section 9 (m) of House Bill 507 by striking the Section in its entirety and substituting in lieu thereof the following:
"Control and/or prohibit the manufacture and/or sale of all alcoholic beverages, and to tax, license, regulate and control hotels, boardinghouses, apartments, restaurants, theatres, dange halls, athletic and sporting events and places and all other entertainment activities and places, regulate the operation of all vehicles used for pleasure or business, and garages, mills, factories, ginneries, gas and water companies; regulate the use of its streets for all purposes, including the right to impose a reasonable license tax for use of streets for business purposes; to prevent stock and poultry from running at large, and to seize and impound any domestic or wild animal or fowl found at large within the city limits; and to provide by proper ordinance for the redemption or sale of the same; and to adopt such ordinances as may be considered necessary to carry out the provi sions of this Act."
Amend HB 507, Section 9 (u) by changing the period at the end thereof to a comma and adding the following: "provided, however, this section shall not be construed to authorize the adoption of any electric

720

JOURNAL OF THE SENATE,

code which applies to the installation, repair, or maintenance of electric wires, apparatus, equipment or devices by or for a utility rendering common carrier communication services."

Amend Section 51 of House Bill 507 by inserting in the first sentence after the words "may prohibit or remove all" the word "unlawful" so that the phrase will read as follows:

"may prohibit or remove all unlawful obstructions of or en croachments thereon or interference therewith."

Amend Section 55 of House Bill 507 by striking the Section in its entirety and substituting in lieu thereof the following:

"Franchises. The mayor and council is hereby vested with the right to exercise and control franchise rights within the corporate limits of the city over all public utility corporations."

Amend Section 56 by striking the period at the end of the first sentence of (A) and inserting the following:

"except those regulated by the Public Service Commission."

Amend Section 67 of House Bill 507 by adding a new paragroph at the end thereof as follows:

"No electrical code so adopted nor the rules nor regulations promulgated in connection therewith, shall apply to communication equipment installations made by or for a utility rendering common carrier communication services and required by it to be utilized as a part of its plant in the rendition of its duly authorized services to the public."

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

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

On the passage of the bill, the ayes were 33, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
HB 95. By Mr. Carnes of the 129th: A bill to amend an act authorizing the Commissioners of Roads and Revenues of Fulton County to provide group insurance for all regular

SATURDAY, FEBRUARY 12, 1966

721

county employees, so as to change the provisions relative to the payment of premiums; 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 authorizing the Commissioners of Roads and Revenues of Fulton County to provide any type of Group Insurance for all Regular County Employees, approved February 4th 1952 (Georgia Laws 1952, page 2012), as amended by an act approved February 27th 1953, (Georgia Laws 1953 page 2774), as amended by an act approved February 8th 1955, (Georgia Laws 1955, page 2232), as amended by an act approved April 5th, 1961, (Georgia Laws 1961, page 2880), so as to require the Commissioners of Roads and Revenues of Fulton County to restore the right to continued equal Group Insurance benefits (with other participating Regular Employees) to participating regular County Employees who have attained the age of 65 years, or those who have retired; to provide for refunds of excess contributions; to repeal conflicting laws and for other purposes.
Be it enacted by the General Assembly of Georgia and is hereby enacted by the authority of the same, that the act approved February 4th 1952 (Georgia Laws 1952, page 2012), as subsequently amended, which is an act authorizing the Commissioners of Roads and Revenues of Fulton County to provide for Regular Employees of said County any type of Group Insurance, subject to certain named limitations, is further amended as follows:
Section 1
The Commissioners of Roads and Revenues of Fulton County shall cause the restoration of the same benefits of Group Life, Hospital and Medical Insurance to Regular Employee participants who have attained the age of 65 years or have retired as are received by participating Regular County Employees under 65 years of age, said benefits of Group, Life, Hospital and Medical Insurance are to be restored re troactively to December 1st 1965.
Section 2
The Commissioners of Roads and Revenues may comply with the requirements of Section 1 of this amendment by effecting the amend ment of the contract of Group Insurance entered into with the Con tinental Assurance Company under date of December 1st 1965; by caus ing the removal of the restrictions placed therein on the Group Life, Hospital and Medical Benefits to Participating Regular County Employees who had attained the age of 65 years, and to Participating Regular County Employees who had retired. The Commissioners of Roads and Revenues may contract to cover the payment of any liability for the restored group insurance benefits which may have arisen subsequent

722

JOURNAL OF THE SENATE,

to December 1st 1965 and the date the liability for future coverage of all Regular County Participants is effected.

Section 3

Any excess contributions which may have been exacted of any Participating Regular County Employee for Group Life Insurance Cover age shall be caused to be remitted from the County Treasury by the Commissioners of Roads and Revenue of Fulton County.

Section 4

All laws and parts of laws in conflict herewith are repealed.

Section 5

A copy of notice of intention to apply for this local legislation and an affidavit or certificate of the publisher showing the publication of such notice as required by law are hereby attached and made a part of this bill, and it is hereby declared that all the requirements of the constitution of Georgia relating to the publication of Notice of Intention to apply for passage of this local legislation have been complied with for the enactment.

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 3, nays 0.

The bill, having received the requisite constitutional, majority, was passed by substitute.
HB 129. By Mr. Rush of the 75th: A bill to amend an act establishing the City Court of Reidsville, so as to change the method of compensating the solicitor, clerk and the sheriff of said court; and for other purposes.

The Committee on County and Municipal Governments offered the following amendment:
Amend HB 129 by striking section 4 in its entirety and inserting in lieu thereof the following:

SATURDAY, FEBRUARY 12, 1966

723

"The provisions of this act shall become effective December 31, 1966".

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 33, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
HB 70. By Mr. Rush of the 75th: A bill to abolish the present mode of compensating the clerk of the superior court of Tattnall County, known as the fee system; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Amend HB 70 by striking section 6 in its entirety and inserting in lieu thereof the following:
"The provisions of this act shall become effective December 31, 1968".
On the adoption of the amendment, the ayes were 28, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 345. By Mr. Collins of the 88th: A bill relating to the City of Pelham, so as to authorize the mayor and council to alter, change, close and abandon streets and alleys when found beneficial to do so; and for other purposes.

724

JOURNAL OF THE SENATE,

The Committee on County and Municipal Governments offered the following amendment:
Amend HB 345 by changing the period at the end of Section 1 to a semicolon and adding the following:

"Provided, however, that just compensation is paid for any property rights which may be affected by the exercise of such power and au thority."

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

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

On the passage of the bill, the ayes were 33, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
SB 147. By Senators Thompson of the 34th, Coggin of the 35th, Ward of the 39th, Johnson of the 38th, Maclntyre of the 40th and Wesberry of the 37th:
A bill to amend an act establishing a new charter for the City of East Point in Pulton County, approved August 19, 1912, pp. 362, et. seq, as amended; and for other purposes.

The report 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 Wesberry of the 37th gave notice that at the proper time he would move that the Senate reconsider its action on SB 147.

SB 211. By Senators Downing of the 1st, Searcey of the 2nd and Tribble of the 3rd:
A bill to amend an act amending the charter for the City of Savannah by establishing a pension system for the employees of the mayor and aldermen of the City of Savannah, as amended, and for other purposes.

SATURDAY, FEBRUARY 12, 1966

725

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

On the passage of the bill, the ayes were 33, nays 0.

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

HB 163. By Messrs. Parrish of the 96th and Pafford of the 97th:
A bill abolishing the fee system existing in the superior courts of the Alapaha Judicial Circuit, so as to change the compensation paid to the Solicitor General; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.

HB 185. By Mr. Brackin of the 87th:
A bill creating a small claims court in each county in this State having a certain population; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.

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

HB 191. By Mr. Parrish of the 96th: A bill to abolish the present mode of compensating the sheriff of Cook 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 28, nays 0.

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

726

JOURNAL OF THE SENATE,

HB 236. By Messrs. Carr and Rowland of the 48th:
A bill to amend an act incorporating the City of Sandersville, so as to require public notice of a hearing on any new zoning ordinance or change in any existing zoning ordinance of the City of Sandersville; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.

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

HB 280. By Mr. Otwell of the 10th: A bill to change the compensation of the clerk of the superior court, the sheriff and the tax commissioner of Forsyth County; and for other 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.

HB 281. By Mr. Otwell of the 10th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Forsyth County, so as to provide for an expense allowance for the chairman 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 282. By Mr. Otwell of the 10th:
A bill to abolish the present method of compensating the sheriff of Dawson County, known as the fee system; and for other purposes.

SATURDAY, FEBRUARY 12, 1966

727

The report of the committee, which was favorable to the passage of the bill, was 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 the 89th: A bill to abolish the present method of compensating the sheriff of Decatur 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 316. By Messrs, Conger and Dollar of the 89th: A bill to amend an act relating to the establishment of the City Court of Bainbridge in the County of Decatur, so as to provide that the sheriff of the City Court of Bainbridge shall receive no compensation for his services as such except which is prescribed for his duties as sheriff of Decatur 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 317. By Messrs. Conger and Dollar of the 89th:
A bill to amend an act creating a new charter for the City of Bainbridge, so as to decrease the number of aldermen; and for other purposes.

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

728

JOURNAL OF THE SENATE,

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

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

HB 329. By Mr. Ware of the 42nd:
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; and for other purposes.

The report 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 331. By Mr. Webb of the 65th: A bill to repeal an act creating and establishing the City Court of Pembroke in and for the County of Bryan, so as to provide for the disposition of all suits, cases, papers, processes, books, indices, and other matters 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 355. By Mr. Rainey of the 69th: A bill to abolish the present mode of compensating the ordinary, the sheriff, the tax commissioner and clerk of the superior court of Crisp 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.

SATURDAY, FEBRUARY 12, 1966

729

HB 332. By Mr. Webb of the 65th:
A bill to amend an act creating and establishing the office of county treasurer of Bryan County, so as to raise the salary of the treasurer 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.

HB 365. By Mr. Doster of the 73rd:
A bill to abolish the present mode of compensating the sheriff of Wilcox 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 28, nays 0.

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

HB 378. By Mr. Hadaway of the 46th:
A bill to amend an act creating a new charter for the City of Gray, so as to change the corporate limits of said city; to provide for filling vacancies in the offices of mayor and councilman; 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 p;iss*}d.

HB 381. By Messrs. Howard and McDaniel of the 101st, Wilson and Henderson of the 102nd and Jordan of the 103rd:
A bill to amend an act creating a new charter for the City of Acworth so as to change election laws for the mayor and board of aldermen; and for other purposes.

730

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 392. By Mr. Smith of the 44th:
A bill to amend an act fixing the salary for the commissioners of roads and revenues of Pike County, so as to increase the compensation of the commissioners; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.

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

HB 393. By Mr. Smith of the 44th:
A bill to amend an act fixing the salary of the clerk of the Board of Commissioners of Roads and Revenues of Pike County, so as to change the compensation of the clerk; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.

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

HB 394. By Mr. Smith of the 44th:
A bill to amend an act providing a new charter for the City of Zebulon, 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.

SATURDAY, FEBRUARY 12, 1966

731

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

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

HB 395. By Mr. Caldwell of the 51st:
A bill to amend an act creating a new charter for the City of Thomaston, so as to provide for the removal of the city manager by the mayor and council by resolution, which resolution shall be final and conclusive and not subject to review; and for other purposes.

The report 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 399. By Mr. Leonard of the 3rd:
A bill to amend an act creating a Commissioner of Roads and Revenues for Murray County, so as to increase the compensation of the com missioner; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.

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

HB 400. By Messrs. Vaughn, Malone, Palmer and Carley of the 117th: A bill to amend an act creating the office of Commissioner of Roads and Revenues for the County of Rockdale, so as to authorize the commission er to appoint an executive assistant for the purpose of assisting 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 28, nays 0.

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

732

JOURNAL OF THE SENATE,

HB 401. By Messrs. Vaughn, Malone, Palmer and Carley of the 117th:
A bill to amend an act creating the office of Commissioner of Roads and Revenues for Rockdale County, so as to change the compensation of the commissioner; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.

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

HB 402. By Messrs. Vaughn, Malone, Palmer and Carley of the 117th:
A bill to abolish the present mode of compensating the sheriff of Rockdale County, known as the fee system; to provide in lieu thereof a fixed 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 403. By Messrs. Carr and Rowland of the 48th:
A bill to amend an act incorporating the City of Sandersville, so as to abolish the Water and Light Commission and transfer all the functions of said Commission to the mayor and council; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.

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

HB 406. By Mr. Harris of the 85th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Glynn County, so as to provide for the election of members by a majority vote; and for other purposes.

SATURDAY, FEBRUARY 12, 1966

733

The report 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 409. By Mr. Smith of the 54th:
A bill to abolish the present mode of compensating the sheriff of Emanuel 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 411. By Mr. McCracken of the 49th: A bill to amend the charter of the City of Wadley, by providing for the opening of registration books forty-five days prior to the date of election and closing same fifteen days prior to the date of election, whenever any election is to be held in and for the said city; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to,
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 476. By Mr. Brackin of the 87th: A bill to fix, allow and provide for the compensation of the sheriff of Seminole County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

734

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 477. By Mr. Brackin of the 87th:
A bill to amend an act amending, consolidating and superseding the several acts incorporating the City of Colquitt in the County of Miller, so as to change the corporate limits of said city; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

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

HB 632. By Mr. Jordan of the 78th:
A bill to abolish the present method of compensating the sheriff of Clay 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 63*4. By Mr. Jordan of the 78th: A bill to amend an act abolishing the fee system for the sheriff of Calhoun County and providing in lieu thereof an annual salary, 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SATURDAY, FEBRUARY 12, 1966

735

HB 635. By Mr. Jordan of the 78th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Baker County, so as to change the compensation of the chairman and the other members of said board; 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 636. By Mr. Jordan of the 78th:
A bill to amend an act creating a new charter for the City of Arlington, so as to change the hours which the polls shall be open on election days; and for other purposes.

The report 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 412. By Mr. Grahl of the 52nd:
A bill to amend an act creating a new charter for the City of Fort Valley, so as to provide maximum salaries for the mayor, recorder, city councilmen, chairman of the utility commission and members of the utility commission; and for other purposes.

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

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

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

736

JOURNAL OF THE SENATE,

HB 414. By Mr. Colwell of the 35th:
A bill to abolish the present mode of compensating the sheriff of Lumpkin 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 417. By Mr. Thomas of the 77th:
A bill to provide for additional terms of the superior court of Wayne County; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.

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

HB 422. By Mr. Williams of the 82nd:
A bill to amend an act creating a charter for the City of Douglas, so as to extend the corporate limits; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.

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

HB 424. By Mr. Land of the 53rd:
A bill to abolish the present mode of compensating the sheriff of Twiggs County, known as the fee system; and for other purposes.

SATURDAY, FEBRUARY 12, 1966

737

The report 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 427. By Messrs. Lewis and Newton of the 50th:
A bill to change the terms of the Superior Court of Burke County; and for other purposes.

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

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

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

HB 428. By Mr. Webb of the 65th:
A bill to amend an act incorporating the City of Guyton, so as to fix the date for the taking of office by the mayor and council-elect; and for other purposes.

The report 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 432. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th and Snellings of the 104th:
A bill to amend the charter of the City of Augusta, so as to provide for a more equitable method of making assessments for street improve ments where the streets or alleys to be improved exceed 30 feet in width; and for other purposes.

738

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 433. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th and Snellings of the 104th:
A bill to amend the charter of the City of Augusta, so as to authorize the city council of Augusta to maintain on the streets a system of sprinkling and to charge the cost against abutting property and the owners thereof, and against other persons using the streets, by repealing ; said act in its entirety; and for other purposes.

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

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

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

HB 434. By Mr. McCracken of the 49th:
A bill to abolish the present mode of compensating the coroner of Jefferson 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 435. By Mr. McCracken of the 49th:
A bill to amend an act creating the office of treasurer for the County of;Jefferson, so as to change the salary of the treasurer; and for other purposes.

SATURDAY, FEBRUARY 12, 1966

739

The report 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 445. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thompson of the 110th, Shields and Thompson of the lllth:
A bill to amend an act abolishing the fee system in the superior courts of the Chattahoochee Judicial Circuit, as applied to the office of solicitor general and providing for the payment of salary of said solicitor general so as to change salary of said solicitor general; and for other purposes

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.

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

HB 447. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thompson of the 110th and others: A bill to amend an act establishing the salary of the sheriff of Muscogee County, so as to change the salary of said 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 28, nays 0.

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

HB 446. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thompson of the 110th, Shields and Thompson of the lllth:
A bill to amend an act relating to the City of Columbus City Court for Muscogee County, so as to change the salary of the judge and solicitor of said court; and for other purposes.

740

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 28, nays 0.

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

HB 189. By Messrs. Gaynor and Smith of the 114th, Tye of the 115th, Richardson of the 116th, Gignilliat and Powers of the 113th and others: A bill to increase the official bond of the sheriff of Chatham County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 33, nays 0.

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

HB 190. By Messrs. Gaynor and Smith of the 114th, Richardson of the 116th, Gignilliat and Powers of the 113th and Tye of the 115th and others:
A bill to increase the official bond of the clerk of the superior court of Chatham County; and for other purposes.

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

On the passage of the bill, the ayes were 33, nays 0.

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

HB 194. By Messrs. Richardson of the 116th, Tye of the 115th, Gaynor of the 114th) Gignilliat and Powers of the 113th and others:
A bill to amend Code section 92-6402 of the Code of Georgia of 1933 relating to the payment of taxes to the county in which returns are made, to provide that in certain counties taxes shall become due in two equal installments; and for other purposes.

SATURDAY, FEBRUARY 12, 1966

741

The report 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 448. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thompson of the 110th and others:
A bill to amend an act abolishing the offices of tax receiver and tax collector of Muscogee County, so as to change the compensation to be paid said 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 449. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thomp son of the 110th and others: A bill to amend an act relating to the salary of the judge of the juvenile court in counties in the State having a population of not less than 150,000 and more than 175,000, so as to change the salary of the judge of the juvenile court in such 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 450. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thompson of the 110th and others:
A bill to amend an act establishing a salary for the clerk of the Superior Court of Muscogee County, so as to change the salary of the said clerk; and for other purposes.

742

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 451. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thompson of the 110th and others: A bill to amend an act establishing the salary of the Ordinary of Muscogee County, so as to change the salary of said 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 452. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thomp son of the 110th and others:
A bill to amend an act abolishing justice courts and offices of justice of the peace and notary public ex officio justices of the peace and establishing in lieu thereof a municipal court for the City of Columbus and County of Muscogee, to change provisions relating to 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 28, nays 0.

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

HB 453. By Mr. Houston of the 84th:
A bill to amend an act placing the sheriff of Pierce County on an annual salary in lieu of the fee basis of compensation, so as to change the salary of the sheriff; and for other purposes.

SATURDAY, FEBRUARY 12, 1966

743

The report 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 454. By Mr. Houston of the 84th: A bill to amend an act creating a new charter for the City of Blackshear, so as to change the method of electing aldermen; 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.

HB 460. By Messrs. Elliott of the 107th, Wilson, Stewart and Knapp of the 109th: A bill to amend an act providing a pension and/or retirement plan and fund for certain employees of Bibb County, so as to increase the maxi mum age for participation in the pension plan; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 461. By Messrs. Elliott of the 107th, Knapp, Wilson and Stewart of the 109th: A bill to create the Bibb County Water and Sewerage Authority and to authorize such authority to acquire, construct, equip, self liquidating projects; and for other purposes.

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

744

JOURNAL OP 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 465. By Mr. Collins of the 88th: A bill to change the terms of the Superior Coui-t of Mitchell 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 466. By Mr. Collins of the 88th:
A bill to abolish the present mode of compensating the sheriff of Mitchell 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 467. By Mr. Tucker of the 36th:
A bill to amend an act fixing the compensation of the members of the Board of Education of Henry County; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.

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

SATURDAY, FEBRUARY 12, 1966

745

HB 470. By Messrs. Busbee, Odom, Hutchinson and Lee of the 79th:
A bill to amend an act providing a new charter for the City of Albany, so as to authorize the city commissioners to designate the place for holding elections; and for other purposes.

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

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

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

HB 473. By Mr. Stovall of the 17th:
A bill to abolish the present mode of compensating the sheriff of Banks 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 494. By Messrs. Sherman and DeLong of the 105th, Fleming and Simkins of the 106th, Hull and Snellings of the 104th:
A bill to amend an act authorizing the establishment of law libraries in courts in certain counties, so as to authorize an assistant for the official operating such libraries; and for other purposes.

The report 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.

746

JOURNAL OF THE SENATE,

HB 501. By Messrs. Snellings and Hull of the 104th, DeLong and Sherman of the 105th, Fleming and Simkins of the 106th:
A bill to amend an act regulating public instruction in the County of Richmond, so as to change the compensation of the members, president and vice-president, of the board of education; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

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

HB 502. By Messrs. Elliott of the 107th, Knapp, Stewart, Wilson and Jones of the 109th and Bryant of the 108th:
A bill to amend an act establishing the City Court of Macon, in and for the County of Bibb, so as to change the name of the city court of Macon; and for other purposes.

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

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

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

HB 504. By Mr. Smith of the 54th:
A bill to amend an act incorporating the City of Swainsboro, so as to provide for the qualifications and registration of voters; and for other purposes.

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

On the passage of the bill, the ayes were 33, nays 0.

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

SATURDAY, FEBRUARY 12, 1966

747

HB 505. By Mr. Anderson of the 71st:
A bill to amend an act placing the ordinary of Pulaski County upon an annual salary in lieu of the fee system, so as to provide that the ordinary shall be entitled to receive fees which are payable to local custodians of vital statistics; and for other purposes.

The report 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 506. By Mr. Anderson of the 71st: A bill to amend an act placing the clerk of the Superior Court of Pulaski County upon an annual salary in lieu of the fee system, so as to provide that the clerk shall receive an allowance payable from the funds of Pulaski County for assistance rendered to the Board of Tax Assessors 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 33, nays 0.

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

HB 511. By Messrs. Minge, Lowrey and Starnes of the 13th:
A bill to require the Board of Commissioners of Roads and Revenue of Floyd County to conduct an annual audit of finances, financial records and books of Floyd County; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.

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

748

JOURNAL OF THE SENATE,

HB 512. By Messrs. Minge, Lowrey and Starnes of the 13th:
A bill to require county boards of education in certain counties to conduct a continuing and annual audit of the books and records of such board of education; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

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

HB 514. By Messrs. Minge, Lowrey and Starnes of the 13th: A bill to amend an act placing certain officers of Ployd County on a salary basis, so as to provide that the salary of the comptroller shall be fixed by the board of commissioners of roads and revenues of Floyd County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

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

HB 515. By Messrs. Minge, Lowrey and Starnes of the 13th:
A bill to require the commissioners of roads and revenues of Floyd County to operate under a budget; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

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

SATURDAY, FEBRUARY 12, 1966

749

HB 517. By Mr. Pafford of the 97th:
A bill to amend an act placing the sheriff of Lanier County upon an annual salary, so as to fix the annual salary, so as to fix the annual salary 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 518. By Mr, Johnson of the 40th: A bill to abolish the present mode of compensating the sheriff of Glascock 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 528. By Mr. NeSmith of the 43rd: A bill to amend an act creating a new charter for the Town of Luthersville, so as to increase the corporate limits of the Town of Luthersville; and for other purposes.
The report 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 535. By Messrs. Lee, Gary and Harrell of the 35th: A bill to amend an act creating a board of commissioners of roads and revenues for Clayton County, so as to change the amount of the bond

750

JOURNAL OP THE SENATE,

required of the chairman and 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 33, nays 0.

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

HB 536. By Messrs. Lee, Gary and Harrell of the 35th:
A bill to abolish the office of treasurer of Clay ton County; to provide that the Commissioners of Roads and Revenues of Clayton County shall appoint depositories for county funds; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

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

HB 545. By Messrs. Lowrey, Minge and Starnes of the 13th:
A bill to amend an act creating a new charter for the City of Rome relating to the Board of Education; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

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

HB 546. By Messrs. Lowrey, Minge and Starnes of the 13th:
A bill to amend an act creating a new charter for the City of Rome, so as to provide the qualifications of the members of the Rome City Commissioners; and for other purposes.

SATURDAY, FEBRUARY 12, 1966

751

The report 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 547. By Messrs. Lowrey, Minge and Starnes of the 13th: A bill to amend an act creating the charter for the City of Rome, so as to provide that each ward shall consist of Post No. 1, Post No. 2 and Post No. 3 for election purposes; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

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

HB 548. By Messrs. Lowrey, Minge and Starnes of the 13th: A bill to amend an act creating a new charter for the City of Rome> relating to the number of wards within 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 549. By Messrs. Lowrey, Minge and Starnes of the 13th: A bill to amend an act creating a new charter for the City of Rome, relating to fines, taxes, forfeitures or other indebtedness due said city; and for other purposes.

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

752

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 550. By Messrs. Lowrey, Minge and Starnes of the 13th:
A bill to amend an act creating a new charter for the City of Rome, so as to provide for primary elections and the nomination of candidates for any general election and special election by primary or nomination petition; and for other purposes.

The report 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 562. By Messrs. Gary, Lee and Harrell of the 35th:
A bill to amend an act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to change the compensation of the official court reporter; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

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

HB 573. By Mr. Steis of the 100th:
A bill to amend an act placing the sheriff of Harris County on a salary system in lieu of a fee system, so as to change the maximum amount of compensation which the deputies may be paid; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

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

SATURDAY, FEBRUARY 12, 1966

753

HB 574. By Mr. Steis of the 100th:
A bill to amend an act creating the office of tax commissioner of Harris 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 33, nays 0.

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

HB 575. By Mr. Steis of the 100th: A bill to amend an act creating the office of tax commissioner of Talbot County, so as to change the compensation for the tax commissioner; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

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

HB 576. By Mr. Steis of the 100th:
A bill to amend an act changing the compensation of the members of the Board of County Commissioners of Talbot County, so as to change the compensation of said 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 28, nays 0.

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

HB 577. By Mr. Steis of the 100th:
A bill to amend an act changing the compensation of the sheriff of Talbot County from the fee system to the salary system; and for other purposes.

754

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.

HR 120. By Mr. Minge of the 13th:
A resolution authorizing and directing the State Library to furnish certain volumes of the Georgia Reports and Georgia Court of Appeals Reports and volumes of the Georgia Laws to the judge of the Superior Court of the Rome Judicial Circuit; and for other purposes.

The report of the committee, which was favorable to the 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 121. By Mr. Minge of the 13th: A resolution authorizing the State Librarian to furnish the governing authority of Ployd County with a complete set of the Georgia Laws; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 33, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
Senator Webb of the llth moved that the Senate do now adjourn until 10:30 o'clock Monday morning, and the motion prevailed.

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

MONDAY, FEBRUARY 14, 1966

755

Senate Chamber, Atlanta, Georgia, Monday, February 14, 1966.

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

Scripture reading and prayer were offered by the Reverend Norman Lovein, chaplain, Columbus Medical Center, Columbus, Georgia.

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

Adams Ballew Bateman Broun Dean Downing Eldridge Fincher of 51st Fincher of 54th Foster Gayner Gillis Gregory Hall Hill Holley

Holloway 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 Yancey Young

Senator Hill of the 29th reported that the journal of Saturday's proceedings had been read and found correct.

By unanimous consent, the reading of 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, in such order as the presiding officer may in his discretion choose.

756

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 of the House to-wit:
HB 700. By Messrs. Melton and Gaissert of the 34th: A bill authorizing and fixing the salaries and compensation of the com pensation of the Commissioners of Roads and Revenues of Spalding County, so as to fix the compensation of the Chairman and members; and for other purposes.
HB 704. By Mr. Collins of the 62nd: A bill to amend an act creating a new charter for the City of Vidalia, so as to change the corporate limits of said City of Vidalia; and for other purposes.
HB 705. By Messrs. Lee, Gary and Harrell of the 35th: A bill to amend an act creating a board of commissioners of roads and revenues for Clayton County, so as to provide that the vice chair man of said commission shall have the authority and duty of the chair man and shall carry out the duties of the chairman in the event the chairman is temporarily absent from the county or incapacitated; and for other purposes.
HB 706. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd, Henderson and Wilson of the 102nd: A bill to amend an act creating a new charter for the City of Smyrna, so as to increase the corporate limits; and for other purposes.

HB 707. By Messrs. Harrell, Lee and Gary of the 35th:
A bill to amend an act of the General Assembly approved March 7, 1955, so as to provide that said Clayton County Water Authority will have the right of eminent domain and to further define the powers and duties of said Board; and for other purposes.

HB 708. By Messrs. Malone, Palmer, Carley and Vaughn of the 117th:
A bill to amend an act creating a new charter for the City of Chamblee, so as to change the date on which taxes are due; and for other purposes.

MONDAY, FEBRUARY 14, 1966

757

HB 710. By Mr. Doster of the 73rd:
A bill to amend an act creating a new charter for the City of Lumber City, so as to change the hours for which the polls shall remain open on election days; to provide for voting machines, and for other purposes.

HB 711. By Mr. Jones of the 76th:
A bill to amend an act incorporating the City of Riceboro, so as to change the date on which municipal elections are conducted; and for other purposes.

HB 712. By Mr. Jones of the 76th:
A bill to amend an act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to authorize the sale of distilled spirits or alcoholic beverages for beverage purposes on the premises in certain counties and municipalities; and for other purposes.

HB 713. By Mr. Steis of the 100th:
A bill to provide a new charter for the Town of Geneva; and for other purposes.

HB 740. By Messrs. Fleming and Simkins of the 106th, DeLong and Sherman of the 105th, Snellings and Hull of the 104th:
A bill to amend an act placing certain of the officers of certain counties on a salary in lieu of the fee system, so as to change the maximum compensation to be paid certain employees of certain officers in such counties; and for other purposes.

HB 741. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th, Snellings and Hull of the 104th:
A bill to amend an act providing for assistants in the office of the solicitor-general of certain counties, so as to change the compensation of the stenographer-clerks of said court in such counties; and for other purposes.

HB 742. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th, Snellings and Hull of the 104th:
A bill to amend an act providing for the appointment of a secretary to serve the judges of the city courts in certain counties, so as to change the compensation of the secretary in such counties; and for other purposes.

758

JOURNAL OF THE SENATE,

HB 743. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th, Snellings and Hull of the 104th:
A bill to amend an act providing for the appointment of a clerk for the office of solicitor of the city court of certain counties, so as to change the compensation of the clerk in such counties; and for other purposes.

HB 744. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th, Snellings and Hull of the 104th:
A bill to amend an act providing for the appointment of an assistant solicitor of the city court of certain counties, so as to change the com pensation of the assistant solicitor in such counties; and for other purposes.

HB 745. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th, Snellings and Hull of the 104th:
A bill to establish and create the office of Building Inspector for Rich mond County; and for other purposes.

HB 755. By Mr. Conner of the 91st:
A bill to amend an act creating a board of commissioners of roads and revenues for Bacon County, so as to change the compensation of the chairman; and for other purposes.

HB 756. By Mr. Conner of the 91st:
A bill to enable Bacon County and the City of Alma to establish a joint planning commission to make and amend an overall plan, and to other wise promote the orderly growth and development of the county and city; and for other purposes.

HB 757. By Mr. Conner of the 91st:
A bill to create and incorporate the city of Denton, in the County of Jeff Davis, and grant a charter to that municipality under that name and style; and for other purposes.

HB 618. By Messrs. Drew of the 116th, Kiley and Tye of the 115th, Gayner and Smith of the 114th, Gignilliat and Powers of the 113th and others:
A bill to amend Code Section 88-202, relating to the composition of the county boards of health, so as to provide for the manner of appointing certain members of county boards of health in certain counties; and for other purposes.

MONDAY, FEBRUARY 14, 1966

759

HB 557. By Messrs. Egan of the 141st, Maddox of the 8th, Watkins of the 9th, Townsend of the 140th, Smith of the 114th, and others:
A bill to repeal Code Chapter 59-4, relating to the requirement that grand juries inspect every orphanage, sanitarium, and all other similiar facilities located within the county; and for other purposes.

The following message was received form 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 316. By Mr. Anderson of the 71st:
A resolution proposing an amendment to the Constitution so as to create the Pulaski County-Hawkinsville Development Authority; and for other purposes.

HR 319. By Mr. Anderson of the 71st:
A resolution proposing an amendment to the Constitution so as to create the Bleckley-Coehran Industrial Development Authority; and for other purposes.

HR 320. By Messrs. Story and Watson of the 22nd:
A resolution proposing an amendment to the Constitution so as to create a five-member Board of Commissioners of Roads and Revenues for Gwinnett County and to provide for a county manager form of government; and for other purposes.

HB 720. By Messrs. Story and Watson of the 22nd:
A bill to amend an act creating a new charter for the City of Norcross, so as to change the compensation of the Mayor, Mayor pro-tern, and councilmen, and for other purposes.

HB 721. By Messrs. Story and Watson of the 22nd:
A bill to amend an act creating Board of County Commissioners of Gwinnett County, so as to change the compensation of County Com missioners; and for other purposes.

760

JOURNAL OF THE SENATE,

HB 717. By Messrs. Sherman of the 105th, Simkins of the 106th, Snellings of the 104th, Fleming of the 106th and DeLong of the 105th:
A bill to amend the charter of the City of Augusta, so as to provide an alternative form of retirement pension authorizing a permanent employee to receive, a reduced pension for his lifetime in consideration of the payment to his spouse after his death of a pension equal to onehalf of the employee's reduced pension, and for other purposes.

HB 718. By Messrs. Sherman of the 105th, Simkins of the 106th, Snellings of the 104th, Fleming of the 106th and DeLong of the 105th:
A bill to amend the charter of the City of Augusta, so as to provide a further alternative form of retirement allowance; and for other purposes.
HB 719. By Messrs. Sherman of the 105th, Simkins of the 106th, Snellings of the 104th, Fleming of the 106th and DeLong of the 105th:
A bill to amend the charter of the City of Augusta, relating to reduced pensions, and for other purposes.

HB 703. By Mr. Mixon of the 81st:
A bill to amend an act incorporating the City of Ocilla, so as to provide that canadidates for mayor and councilmen must receive a majority of the votes cast; and for other purposes.

HB 734. By Mr. Bagby of the 21st:
A bill creating a new Charter for the City of Dallas, so as to provide for the establishment of a recorder's court, create the office of recorder and provide for the jurisdiction of such office and the powers, duties, appointment, removal and compensation of the recorder; and for other purposes.
HB 735. By Mr. Bagby of the 21st:
A bill to amend an act creating the office of tax commissioner of Paulding County, so as to change the compensation of the tax com missioner; and for other purposes.

HB 736. By Mr. Thomas of the 77th:
A bill to place the ordinary of Wayne County on a salary system in lieu of a fee system; and for other purposes.

HB 737. My Mr. Thomas of the 77th:
A bill to place the tax commissioner of Wayne County on a salary basis in lieu of a fee system; and for other purposes.

MONDAY, FEBRUARY 14, 1966

761

HB 738. By Mr. Thomas of the 77th:
A bill to amend an act incorporating and creating a new charter for the City of Jesup in Wayne County, so as to change the corporate limits; and for other purposes.

HB 739. By Messrs. Fleming and Simkins of the 106th, Snellings and Hull of the 104th, and Sherman of the 105th:
A bill to provide for the appointment of and the salary for an Executive Secretary and Calendar Clerk to the Judge or Judges presiding in civil matters, as presiding in civil matters, as distinguished from do mestic relations and criminal matters, of the Superior Courts in counties having a population of not less than 135,000 nor more than 140,000,; and for other purposes.

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

HB 602. By Messrs. Westlake, Evensen and Bean of the 119th:
A bill to amend Code Chapter 27-2, relating to arrests, so as to provide for immunity from criminal liability for any person who shall in good faith render assistance to any law enforcement officer who is being hindered or whose life is being endangered by the conduct of any other person or persons; and for other purposes.

HB 601. By Messrs. Westlake, Evensen, Higginbotham and Bean of the 119th:
A bill to amend Code Chapter 105-6, relating to physical injuries, so as to provide for immunity from civil liability for any person who shall in good faith render assistance to any law enforcement officer who is flfeing hindered or whose life is being endangered by the conduct of any other person; and for other purposes.

HB 524. By Mr. Lewis of the 50th:
A bill to amend Code Section 85-1303, relating to the definition of navigable streams, so as to redefine navigable streams for the purpose of determining fishing rights; and for other purposes.

HB 379. By Messrs. Barber of the 24th, Games of the 129th, Dillon of the 128th, Adams of the 125th and others:
A bill to amend an act entitled "An Act to establish a retirement system for aged and incapacitated teachers in the State Public Schools . . .":

762

JOURNAL OP THE SENATE,

so as to provide that any person who was granted an "Official Military Leave" to do or perform duties with the Armed Forces may receive prior service credit for such period of time for retirement purposes; and for other purposes.

HB 642. By Mr. Harris of the 118th:
A bill to amend an act known as the "Georgia Administrative Procedure Act", so as to change the cross-reference referring to Section 14(d) as the same appears in subsection (b) of Section 18, so that said crossreference shall refer to Section 14(a) (4); and for other purposes.

HB 500. By Messrs. Matthews of the 94th and Overby of the 16th:
A bill to provide a supplemental appropriation of additional funds which are other wise available to the Department of Labor for the purpose of providing suitable offices for use by the Employment Security Agency in the Department of Labor for the procurement of lands and business therefor; and for other purposes.

HB 241. By Mr. Melton of the 34th:
A bill to amend an act creating the Georgia Educational Improvement Council, so as to provide for the payment of per diem and reimburse ment of expenses of the Chairman of the State Board of Education and the Chairman of the State Board of Regents when in attendance at meetings or functions of the Council; and for other purposes.

HB 677. By Messrs. Steis of the 100th and Minge of the 13th:
A bill to amend an act reorganizing the State Department of Law, so as to provide for the reimbursement of the Attorney General for expense incurred in the performance of his duties; and for other purposes.

HB 659. By Mr. Moore of the 20th: A bill declaring teaching a profession with all the rights, responsibilities and privileges accorded other legally recognized professions; and for other purposes.
The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following resolution of the House to-wit:

MONDAY, FEBRUARY 14, 1966

763

HR 298. By Mr. Harris of the 118th:
A resolution proposing an amendment to Article VII, Section IV, of the Constitution changing the provisions relating to the powers of County governments, adopted at the 1965 Regular Session of the General Assembly, so as to provide that the powers and authority granted by said amendment shall be cumulative of the existing powers and authority granted counties and for other purposes.

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

HB 657. By Mr. Barber of the 24th, Wiggins of the 32nd, Floyd of the 7th, Moore of the 20th, and others:
A bill to provide for equal pay for both males and females for com parable work on jobs which have comparable requirements relating to skill, effort and responsibility; to provide for a declaration of policy; and for other purposes.

HB 647. By Mr. Conner of the 91st:
A bill to amend Code Chapter 56-15, relating to the organization and corporate procedures of domestic stock and mutual insurers, so as to provide that no person shall sell any subscriptions for insurance securi ties in this State unless the insurer has applied for, received and holds authority to transact insurance in the State of Georgia from the In surance Commissioner; and for other purposes.

HB 264. By Mr. Etheridge of the 123rd:
A bill to amend Code Section 30-202, relating to proceedings to obtain temporary alimony, so as to provide that in cases when an application for temporary alimony shall be made in which the wife shall state that either she or the minor children are wholly dependent on the husband or father for support, the judge shall set the application for hearing not less than 3 nor more than 30 days from the date the same is pre sented to him; and for other purposes.
HB 244. By Mr. Hull of the 104th:
A bill to amend the Appellate Procedure Act of 1965, so as to redefine the rules relating to the necessity of filing motions for new trial and judgment notwithstanding the verdict; and for other purposes.

764

JOURNAL OP THE SENATE,

HB 560. By Messrs. Newton of the 94th, Marshall of the 39th and Lowrey of the 13th:

A bill to amend an act known as the "Georgia Biological Permit Act",

by striking the entire act and enacting in lieu thereof an act to be

known as "The Georgia Biological Permit Act of 1966"; and for other

purposes.



-

HB 488. By Messrs. Newton of the 94th, Lowrey of the 13th, Collins of the 88th, Reaves of the 99th, and Herndon of the 74th:
A bill to be entitled "Department of Agriculture Registration, License and Permit Act"; to require persons applying to the Department of Agriculture for the State of Georgia for registration, to designate a place where the applicant may be personally served with legal process; and for other purposes.

HB 300. By Mr. Matthews of the 94th:
A bill to amend Code Section 34-1317, relating to assistance to electors when voting and the number of electors a person shall assist in any primary or election, so as to change the number of electors a person shall assist in any primary or election; and for other purposes.

HB 342. By Messrs. Story and Watson of the 22nd, Lambert of the 38th, Paris of the 23rd, and Steis of the 100th:
A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", as amended, so as to provide certain requirements for vehicles transporting explosives; and for other purposes.

The following message was received form 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 464. By Messrs. Simkins of the 106th, Sherman of the 105th and Snellings of the 104th:
A bill to amend Code Section 26-2625, relating to punishment for lar ceny, so as to change the punishment for certain larcenies when the value of the goods taken exceeds a certain amount; and for other purposes.

HB 262. By Mr. Etheridge of the 123rd:
A bill to amend Code Section 30-105, relating to petition, process and rules of pleadings in divorce cases, so as to provide the information that must be contained in the petition; and for other purposes.

MONDAY, FEBRUARY 14, 1966

765

HB 271. By Mr. Overby of the 16th:
A bill to amend Section 92-6216, relating to the oath of persons making returns of taxable property, so as to provide that copies of the tax returns of the owner of any property, upon certification as true and correct, shall be received in evidence in any court of this State as to any issue before such court concerning the value of the property; and for other purposes.

HB 553. By Messrs. Fulford of the 67th, Newton of the 94th and Palmer of the 117th:
A bill to amend Code Chapter 84-12, relating to establishing the State Board of Osteopathic Examiners, so as to provide that persons wishing to obtain a license to practice in this State shall furnish satisfactory evidence of having completed 1 year of training as an intern in a hospital in good standing with the State Board of Osteopathic Examin ers; and for other purposes.

HB 509. By Messrs. Smith of the 3rd, Steis of the 100th, Jones of the 112th, Hawkins of the 139th, Smith of the 114th, and others:
A bill to be known as the "Water Resources and Planning Act"; to provide a statement of policy and the intent of said Act; to create within the executive branch of government the Georgia Department of Water Resources; to create a Georgia Water Resources Commission; and for other purposes.

HB 651. By Messrs. Steis of the 100th, Floyd of the 7th, Knight of the 60th, Stalnaker of the 59th, Hawkins of the 139th and others:
A bill to amend an act creating a State Department of Veterans Service and providing for a Board of Veterans Service and a Director, so as to provide that the State Department of Veterans Service and the Veterans Service Board shall be authorized to apply for, accept gifts, grants and other contributions from the Federal Government; and for other pur poses.

HB 566. By Messrs. Dailey of the 66th, Odom of the 79th, Reid of the 32nd, and Murphy of the 26th:
A bill to amend an act which comprehensively and exhaustively revised, superseded and consolidated the laws relating to the State Board of Corrections and to prisons, so as to change the salary of the Director of Corrections; and for other purposes.

The following message was received from th 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:

766

JOURNAL OF THE SENATE,

HR 297. By Messrs. Cook of the 123rd, Lambros of the 130th, Egan of the 141st, Carnes of the 129th, Adams of the 125th and others:
A resolution to establish a Metropolitan Area Water Quality Control Commission to study the desirability and feasibility of consolidating the efforts and management of the several Water Pollution Control Operations in the area; and for other purposes.

HR 299. By Mr. Harris of the 118th:
A resolution proposing an amendment to Article XV of the Constitution providing home rule for counties, adopted at the 1965 Regular Session of the General Assembly, so as to provide that the powers granted by said amendment shall be cumulative of all powers heretofore granted to counties and for other purposes.

The following resolutions were read and adopted:

SR 84. By Senator Dean of the 6th:
A resolution commending the Georgia Pharmaceutical Association and pharmacists throughout Georgia; and for other purposes.

SR 85. By Senator Dean of the 6th:
A resolution commending the Georgia State Chamber of Commerce and its officers and members; and for other purposes.

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

SB 239. By Senator Loggins of the 53rd:
A bill to amend an act placing the Sheriff of the Superior Court of Chattooga County upon an annual salary so as to change the com pensation of deputy sheriffs and jailers; to provide that the jailer shall act as clerk for the sheriff's office and shall keep records; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 240. By Senator Kendrick of the 32nd:
A bill to amend the Unemployment Compensation Law, now called the Employment Security Law, 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.

MONDAY, FEBRUARY 14, 1966

767

SB 241. By Senator Johnson of the 38th:
A bill to amend an act relating to education so as to provide the in clusion of courses encompassing the history of the Negro race in curriculums of Georgia schools; to provide the procedure connected there with; to repeal conflicting laws; and for other purposes.
Referred to Committee on Educational Matters.

SB 242. By Senators Johnson of the 38th and Salome of the 36th:
A bill providing for pensions for members of police departments in cities having a certain population so as to provide for retirement as a matter of right after 20 years active service without regard to age; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 83. By Senators Lee of the 47th and Loggins of the 63rd:
A resolution authorizing the disposal of that tract of land on which is presently located the Governor's mansion; and for other purposes.
Referred to Committee on Rules.

SR 87. By Senator Ballew of the 50th:
A resolution authorizing the execution of a license agreement conveying water rights from Black Rock Mountain State Park to Mrs. Jane T. Williams, Mr. John M. Haddock, Jr., and Mrs. Nesbet Grizzard, in con sideration for their conveying 3.8 acres of real property to the Georgia Department of State Parks; and for other purposes.
Referred to Committee on Rules.

HB 557. By Messrs. Egan of the 141st, Maddox of the 8th, Watkins of the 9th, Townsend of the 140th, Smith of the 114th and others:
A bill to repeal Code chapter 59-4, relating to the Requirement that grand juries inspect every orphanage, sanitarium, and all other similar facilities located within the county; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 618. By Messrs. Drew of the 116th, Kiley and Tye of the 115th, Gaynor and Smith of the 114th, Gignilliat and Powers of the 113th and others:
A bill to amend Code section 88-202, relating to the composition of the county boards of health, so as to provide for the manner of appointing certain members of county boards of health; and for other purposes.
Referred to Committee on County and Municipal Governments.

768

JOURNAL OF THE SENATE,

HB 700. By Messrs. Melton and Gaissert of the 34th:
A bill authorizing and fixing the salaries and compensation of the Commissioners of Roads and Revenues of Spalding County, so as to fix the compensation of the chairman and members; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 704. By Mr. Collins of the 62nd:
A bill to amend an act creating a new charter for the City of Vidalia, so as to change the corporate limits of said City of Vidalia; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 705. By Messrs. Lee, Gary and Harrell of the 35th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Clayton County, so that the vice chairman of said commission shall have the authority and duty of the chairman when the chairman shall be temporarily absent from the county; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 706. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd, Henderson and Wilson of the 102nd:
A bill to amend an act creating a new charter for the City of Smyrna, so as to increase the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 707. By Messrs. Harrell, Lee and Gary of the 35th:
A bill to amend an act of the General Assembly approved March 7, 1955, so as to provide that said Clayton County Water Authority will have the right of eminent domain and to further define the powers and duties of said board; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 708. By Messrs. Malone, Palmer, Carley and Vaughn of the 117th: A bill to amend an act creating a new charter for the City of Chamblee, so as to change the date on which taxes are due; and for other purposes.
Referred to Committee on County and Municipal Governments.

MONDAY, FEBRUARY 14, 1966

769

HB 710. By Mr. Doster of the 73rd:
A bill to amend an act creating a new charter for the City of Lumber City, so as to change the hours for which the polls shall remain open on election days; to provide for voting machines; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 711. By Mr. Jones of the 76th:
A bill to amend an act incorporating the City of Riceboro, so as to change the date on which municipal elections are conducted; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 712. By Mr. Jones of the 76th: A bill to amend an act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to authorize the sale of distilled spirits or alcoholic beverages for beverage purposes on the premises in certain counties and municipalities; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 713. By Mr. Steis of the 100th: A bill to provide a new charter for the Town of Geneva; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 717. By Messrs. Sherman of the 105th, Simkins of the 106th, Snellings of the 104th, Fleming of the 106th and DeLong of the 105th:
A bill to amend the charter of the City of Augusta, so as to provide an alternative form of retirement pension authorizing a permanent employee to receive a reduced pension for his lifetime in consideration of the payment to his spouse after his death of a pension equal to onehalf the employee's reduced pension; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 718. By Messrs. Sherman of the 105th, Simkins of the 106th, Snellings of the 104th, Fleming of the 106th and DeLong of the 105th:
A bill to amend the charter of the City of Augusta so as to provide a further alternative form of retirement allowance; and for other purposes.
Referred to Committee on County and Municipal Governments.

770

JOURNAL OF THE SENATE,

HR 319. By Mr. Anderson of the 71st:
A resolution proposing an amendment to the Constitution so as to create the Bleckley-Cochran Industrial Development Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 320. By Messrs. Story and Watson of the 22nd:
A resolution proposing an amendment to the Constitution so as to create a five-member Board of Commissioners of Roads and Revenues for Gwinnett County and to provide for a county manager form of government, and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 297. By Messrs. Cook of the 123rd, Lambros of the 130th, Egan of the 141st, Games of the 129th, Adams of the 125th and others:
A resolution to establish a Metropolitan Area Water Quality Control Commission to study the desirability and feasibility of Consolidating the efforts and management of the several Water Pollution Control Operations in the area; and for other purposes.
Referred to Committee on Rules.

HR 299. By Mr. Harris of the 118th:
A resolution to amend a resolution proposing an amendment to Article XV of the Constitution providing home rule for counties, adopted at the 1965 regular session of the General Assembly, so as to provide that the powers granted by said amendment shall be cumulative of all powers heretofore granted to counties; and for other purposes.
Referred to Committee on Rules.

HB 244. By Mr. Hull of the 104th:
A bill to amend the Appellate Procedure Act of 1965, so as to redefine the rules relating to the necessity of filing motions for new trial and judgment notwithstanding the verdict; and for other purposes.
Referred to Committee on Judiciary.

HB 264. By Mr. Etheridge of the 123rd:
A bill to amend Code section 30-202, relating to proceedings to obtain temporary alimony, so as to provide that in cases when an application for temporary alimony shall be made in which the wife shall state that either she or the minor children are wholly dependent on the husband

MONDAY, FEBRUARY 14, 1966

771

or father for support, the judge shall set the application for hearing not less than 3 nor more than 30 days from the date the same is pre sented to him; and for other purposes.
Referred to Committee on Judiciary.

HB 300. By Mr. Matthews of the 94th:
A bill to amend Code section 34-1317, relating to assistance to electors a person shall assist in any primary or election, so as to change the number of electors a person shall assist in any primary or election; and for other purposes.
Referred to Committee on Rules.

HB 342. By Messrs. Story and Watson of the 22nd, Lambert of the 38th, Paris of the 23rd and Steis of the 100th:
A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", so as to provide certain requirements for vehicles transporting explosives; and for other purposes.
Referred to Committee on Highways.

HB 488. By Messrs. Newton of the 94th, Lowrey of the 13th, Collins of the 88th, Reaves of the 99th and Herndon of the 74th:
A bill to be entitled "Department of Agricultural Registration, License and Permit Act"; to require persons applying to the Department of Agriculture for the State of Georgia for registration, to designate a place where the applicant may be personally served with legal process; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HB 560. By Messrs. Newton of the 94th, Marshall of the 39th and Lowrey of the 13th:
A bill to amend an act known as the "Georgia Biological Permit Act", by striking the entire act and enacting in lieu thereof an act to be known as the "Georgia Biological Permit Act of 1966"; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HB 647. By Mr. Conner of the 91st:
A bill to amend Code Chapter 56-15, relating to the organization and corporate procedures of domestic stock and mutual insurers, so as to provide that no person shall sell any subscriptions for insurance securi ties in this State unless the insurer ha's applied for, received and holda

772

JOURNAL OF THE SENATE,

authority to transact insurance in the State of Georgia from the Insurance Commissioner; and for other purposes.
Referred to Committee on Banking and Finance.

HB 657. By Mr. Barber of the 24th, Wiggins of the 32nd, Floyd of the 7th, Moore of the 20th and others:
A bill to provide for equal pay for both males and females for com parable work on jobs which have comparable requirements relating to skill, effort and responsibility; to porovide for a declaration of policy; and for other purposes.
Referred to Committee on Industry and Labor.

HB 659. By Mr. Moore of the 20th:
A bill declaring teaching a profession with all the rights, responsibilities and privileges accorded other legally recognized professions; and for other purposes.
Referred to Committee on Educational Matters.

HB 719. By Messrs. Sherman of the 105th, Simkins of the 106th, Snellings of the 104th, Fleming of the 106th and DeLong of the 105th:
A bill to amend the charter of the City of Augusta, relating to reduced pensions; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 720. By Messrs. Story and Watson of the 22nd:
A bill to amend an act creating a new charter for the City of Norcross, so as to change the compensation of the Mayor, Mayor pro-tern, and councilmen; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 721. By Messrs. Story and Watson of the 22nd:
A bill to amend an act creating a Board of County Commissioners of Gwinnett County, so as to change the compensation of County Commis sions; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 703. By Mr. Mixon of the 81st:
A bill to amend an act incorporating the City of Ocilla, so as to pro vide 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.

MONDAY, FEBRUARY 14, 1966

773

HB 734, By Mr. Bagby of the 21st:
A bill creating a new Charter for the City of Dallas, so as to provide for the establishment of a recorder's court, create the office of re corder and provide for the jurisdiction of such office and the powers, duties, appointment, removal and compensation of the recorder; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 735. By Mr. Bagby of the 21st:
A bill to amend an act creating the office of tax commissioner of Paulding County, so as to change the compensation of the tax commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 736. By Mr. Thomas of the 77th:
A bill to place the ordinary of Wayne County on a salary system in lieu of a fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 737. By Mr. Thomas of the 77th:
A bill to place the tax commissioner of Wayne County on a salary basis in lieu of a fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 738. By Mr. Thomas of the 77th:
A bill to amend an act incorporating and creating a new charter for the City of Jesup in Wayne County, so as to change the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 739. By Messrs. Fleming and Simkins of the 106th, Snellings and Hull of the 104th, and Sherman of the 105th:
A bill to provide for the appointment of and the salary for an Executive Secretary and Calendar Clerk to the Judge or Judges presiding in civil matters, as presiding in civil matters, as distinguished from domestic relations and criminal matters, of the Superior Courts in counties having a population of not less than 135,000 nor more than 140,000; and for other purposes.
Referred to Committee on County and Municipal Governments.

774

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HB 740. By Messrs. Fleming and Simkins of the 106th, DeLong and Sherman of the 105th, Snellings and Hull of the 104th:
A bill to amend an act placing certain officers of certain counties on a salary in lieu of the fee system, so as to change the maximum com pensation to be paid certain employees of certain officers in such counties; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 741. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th, Snellings and Hull of the 104th:
A bill to amend an act providing for assistants in the office of the solicitor-general of certain counties, so as to change the compensation of the stenographer-clerks of said court in such counties; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 742. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th, Snellings and Hull of the 104th:
A bill to amend an act providing for the appointment of a secretary to serve the judges of the city courts in certain counties, so as to change the compensation of the secretary in such counties; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 743. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th, Snellings and Hull of the 104th:
A bill to amend an act providing for the appointment of a clerk for the office of solicitor of the city court of certain counties, so as to change the compensation of the clerk in such counties; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 744. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th, Snellings and Hull of the 104th:
A bill to amend an act providing for the appointment of an assistant solicitor of the city court of certain counties, so as to change the com pensation of the assistant solicitor in such counties; and for other purposes.
Referred to Committee on County and Municipal Governments.

MONDAY, FEBRUARY 14, 1966

775

HB 745. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th, Snellings and Hull of the 104th:
A bill to establish and create the office of Building Inspector for Rich mond County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 755. By Mr. Conner of the 91st:
A bill to amend an act creating a board of commissioners of roads and revenues for Bacon County, so as to change the compensation of the chairmen; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 756. By Mr. Conner of the 91st:
A bill to enable Bacon County and the City of Alma to establish a joint planning commission to make and amend an overall plan, and to otherwise promote the orderly growth and development of the county and city; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 757. By Mr. Conner of the 91st:
A bill to create and incorporate the City of Denton, in the County of Jeff Davis, and grant a charter to that municipality under that name and style; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 316. By Mr. Anderson of the 71st:
A resolution proposing an amendment to the Constitution so as to create the Pulaski County-Hawkinsville Development Authority, and for other purposes.

HB 500. By Messrs. Matthews of the 94th and Overby of the 16th:
A bill to provide a supplemental appropriation of additional funds which are otherwise available to the Department of Labor for the purpose of providing suitable offices for use by the Employment Security Agency in the Department of Labor for the procurement of lands and business therefor; and for other purposes.
Referred to Committee on Rules.

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HB 524. By Mr. Lewis of the 50th:
A bill to amend Code section 85-1303, relating to the definition of navigable streams, so as to redefine navigable streams for the purpose of determining fishing rights; and for other purposes.
Referred to Committee on Rules.

HB 566. By Messrs. Dailey of the 66th, Odom of the 79th, Reid of the 32nd and Murphy of the 26th:
A bill to amend an act which comprehensively and exhaustively revised, superseded and consolidated the laws relating to the State Board of Corrections and to prisons, so as to change the salary of the Director of Corrections; and for other purposes.
Referred to Committee on Rules.

HB 553. By Messrs. Fulford of the 67th, Newton of the 94th and Palmer of the 117th:
A bill to amend Code chapter 84-12, relating to establishing the State Board of Osteopathic Examiners; and for other purposes.
Referred to Committee on Health and Welfare.

HB 601. By Messrs. Westlake, Evensen, Higginbotham and Bean of the 119th:
A bill to amend Code chapter 105-6 relating to physical injuries, so as to provide for immunity from civil liability for any person who shall in good faith render assistance to any law enforcement officer who is being hindered or whose life is being endangered by the conduct of any other person; and for other purposes.
Referred to Committee on Judiciary.

HB 651. By Messrs. Steis of the 100th, Floyd of the 7th, Knight of the 60th, Stalnaker of the 59th, Hawkins of the 139th and others:
A bill to amend an act creating a State Department of Veterans Service providing for a Board of Veterans Service which shall be authorized to apply for, accept gifts, grants and other contributions from the Federal Government; and for other purposes.
Referred to Committee on Rules.

HB 642. By Mr. Harris of the 118th:
A bill to amend an act known as the "Georgia Administrative Procedure Act", so as to change the cross-reference referring to Section 14 (d) as the same appears in subsection (b) of Section 18, so that said crossreference shall refer to Section 14 (a) (4); and for other purposes.
Referred to Committee on Rules.

MONDAY, FEBRUARY 14, 1966

777

HB 602. By Messrs. Westlake, Evensen and Bean of the 119th:
A bill to amend Code chapter 27-2, relating to arrests, so as to provide for immunity from criminal prosecution for any person who shall in good faith render assistance to any law enforcement officer who is being hindered or whose life is being endangered by the conduct of any other person or persons; and for other purposes.
Referred to Committee on Judiciary.

HB 677. By Messrs. Steis of the 100th and Ming-e of the 13th:
A bill to amend an act reorganizing the State Department of Law, so as to provide for the reimbursement of the Attorney General for expense incurred in the performance of his duties; and for other purposes.
Referred to Committee on Rules.
HB 241. By Mr. Melton of the 34th:
A bill to amend an act creating the Georgia Educational Improvement Council, so as to provide for the payment of per diem and reimbursement of expenses of the chairman of the State Board of Education and the Board of Regents when in attendance at meetings of the Council; and for other purposes.
Referred to Committee on Educational Matters.

HB 262. By Mr. Etheridge of the 123rd:
A bill to amend Code section 30-105, relating to petition, process and rules of pleadings in divorce cases, so as to provide the information that must be contained in the petition; and for other purposes.
Referred to Committee on Judiciary.

HB 271. By Mr. Overby of the 16th:
A bill to amend Section 92-6216, relating to the oath of persons making returns of taxable property, so as to provide that copies of the tax returns of the owner of any property, upon certification as true and correct, shall be received in evidence in any court of this State as to any issue before such court concerning the value of the property; and for other purposes.
Referred to Committee on Judiciary.

HB 464. By Messrs. Simkins of the 106th, Sherman of the 105th and Snellings of the 104th:
A bill to amend Code section 26-2625, relating to punishment for larceny, so as to change the punishment for certain larcenies when

778

JOURNAL OF THE SENATE,

the value of the goods taken exceeds a certain amount; and for other purposes.
Referred to Committee on Judiciary.

HB 509. By Messrs. Smith of the 3rd, Steis of the 100th, Jones of the 112th, Hawkins of the 139th, Smith of the 114th and others:
A bill to be known as the "Water Resources and Planning Act"; to provide a statement of policy and the intent of said act; to create within the executive branch of Government the Georgia Department of Water Resources; and for other purposes.
Referred to Committee on Rules.

HB 379. By Messrs. Barber of the 24th, Carnes of the 129th, Dillon of the 128th Adams of the 125th and others:
A bill to amend an act to establish a retirement system for aged and incapacitated teachers, to provide that any person who was granted an Official Military Leave to do or perform duties with the Armed Forces may receive prior service credit for such periods of time for retirement purposes; and for other purposes.
Referred to Committee on Retirement.

The following bills and resolutions were read the second time:

SB 237. By Senator Webb of the llth:
A bill to fix, allow and provide for the compensation of the sheriff of Miller County; to provide that all fees, fines, forfeitures, costs, com missions, allowances, penalties, funds, moneys, and all other emoluments and perquisites of said sheriff shall become the property of the county with certain exceptions; to repeal conflicting laws; and for other purposes.

SB 238. By Senator Edenfield of the 4th:
A bill to amend an act placing the clerk of the Superior Court of Bulloch County upon an annual salary, as amended, so as to authorize the clerk to employ a deputy clerk, a docket clerk and a typist, and to fix their salary; and for other purposes.

HB 138. By Messrs. Harrington and Chandler of the 47th and Fulford of the 67th:
A bill to amend an act creating a Department of Public Safety and providing for the issuance, revocation, cancellation and suspension of

MONDAY, FEBRUARY 14, 1966

779

drivers' licenses, so as to provide for the issuance of honorary driver licenses to members and former members of the National Guard who have twenty or more years creditable service therein; and for other purposes.

HB 270. By Mr. Overby of the 16th:
A bill to amend an act relating to eminent domain procedures, before a special master, so as to provide a more efficient and certain method of service upon non-residents who own the property condemned; and for other purposes.

HB 272. By Mr. Overby of the 16th:
A bill to amend an act, relating to the procedures connected for the power of eminent domain, so as to provide a more efficient and certain method of service upon non-residents who own the property condemned; and for other purposes.

HB 273. By Mr. Overby of the 16th:
A bill to amend Code Chapter 36-11, relating to condemnation and eminent domain, so as to provide a more efficient and certain method of service upon non-residents who own the property condemned; and for other purposes.

HB 301. By Mr. Conger of the 89th:
A bill to amend Code Title 13, known as the "Banking Law" of Georgia, so as to provide for the establishment and operation of banking fa cilities as an expansion or extension of existing facilities; and for other purposes.

HB 318. By Mr. Hull of the 104th:
A bill to amend an act relating to incorporating the Trustees of the Masonic Hall in the City of Augusta, so as to enlarge the-powers of the Trustees with respect to providing a Masonic Hall for the use of certain Masonic institutions; and for other purposes.

HB 541. By Messrs. Fleming and Simkins of the 106th, Hull and Snellings of the 104th, DeLong and Sherman of the 105th:
A bill to amend Code Section 38-1501, relating to the attendance of witnesses and the fees thereof, so as to provide for the payment of fees to any member of any police force attending any court having a jurisdiction to enforce penal laws of this State; and for other purposes.

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JOURNAL OF THE SENATE,

HB 558. By Messrs. Harris of the 85th, Gignilliat and Powers of the 113th Gaynor and Smith of the 114th, Webb of the 65th and others:
A bill to repeal Code Section 26-7302, relating to hotel keepers on beaches keeping lifeboats and other related items; and for other pur poses.

HB 660. By Mr. Blair and Mrs. Merritt of the 68th:
A bill to amend an act creating the City Court of Americus, so as to increase the compensation of the judge and solicitor of said court; and for other purposes.

HB 661. By Mr. Blair and Mrs. Merritt of the 68th:
A bill to amend an act creating a system of retirement for employees of the City of Americus, so as to change the maximum monthly retire ment benefit; and for other purposes.

HB 662. By Mr. Blair and Mrs. Merritt of the 68th:
A bill to amend an act consolidating the several acts granting corporate authority to the City of Americus, so as to authorize the Mayor and City Council of Americus to tax all places of business within said city; and for other purposes.

HB 663. By Mr. Blair and Mrs. Merritt of the 68th:
A bill to amend an act placing the ordinary of Sumter County upon an annual salary, so as to increase the compensation of the ordinary; and for other purposes.

HB 665. By Messrs. Fleming and Simkins of the 106th, Snellings of the 104th, Sherman and DeLong of the 105th:
A bill to amend the Charter of the City of Augusta, so as to provide that the effective date on which one or more of the territories de scribed in said charter amendment, shall become a part of the City of Augusta shall be on January 1 of the year following the year in which the said charter amendment of 1953 is ratified by a majority of the voters; and for other purposes.

HB 666. By Messrs. Lewis and Newton of the 50th:
A bill to amend an act incorporating the Baptist Church at Buckhead in the County of Burke, so as to vest legal title of the Baptist Church at Buckhead in Burke County, in the Hepzibah Baptist Association; and for other purposes.

MONDAY, FEBRUARY 14, 1966

781

HB 667. By Mr. Black of the 56th:
A bill to fix the compensation of the county treasurer of all counties having a certain population; and for other purposes.

HB 668. By Mr. Russell of the 92nd:
A bill to amend an act creating fire protection districts in Thomas County, so as to include certain additional land lots within the bound aries of fire district No. 2; and for other purposes.

HB 669. By Mr. Rush of the 75th:
A bill to amend an act establishing the City Court of Reidsville, so as to change the method of compensating the solicitor of said court; and for other purposes.

HB 670. By Mr. Rush of the 75th:
A bill to abolish the present mode of compensating the clerk of the superior court of Tattnall County, known as the fee system; and for other purposes.

HB 672. By Messrs. Henderson and Wilson of the 102nd, Jordan of the 103rd, Howard of the 101st:
A bill to amend an act providing for the districting of Cobb County into fire prevention districts, so as to provide for the creation of a board of fire commissioners of each fire prevention district in Cobb County; and for other purposes.

HB 675. By Messrs. Lane and Nessmith of the 64th:
A bill to amend an act creating a new charter for the City of Statesboro, so as to change the terms of the mayor and councilmen; and for other purposes.

HB 676. By Mr. Dailey of the 66th:
A bill to amend an act abolishing the present mode of compensating the sheriff of Randolph County, known as the fee system, so as to change the compensation of the deputy sheriff of Randolph County; and for other purposes.

HB 678. By Mr. Herndon of the 74th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues in Appling County, so as to provide that the members of said Board shall be elected from their respective commissioner district rather than by the voters of the entire county; and for other purposes.

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JOURNAL OF THE SENATE,

HB 679. By Mr. Herndon of the 74th:
A bill to amend an act creating a new charter for the City of Baxley, so as to provide that the limitation on the power of the City of Baxley to levy and collect taxes shall not affect the levy and collection of taxes to pay bonded indebtedness incurred under the provisions of the Con stitution and evidenced by bonds validated prior to the effective date; and for other purposes.

HB 680. By Messrs. Nessmith and Lane of the 64th:
A bill to amend an act incorporating the Town of Portal, so change the date of municipal elections; and for other purposes.

HB 684. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A bill to amend an act providing that the County of Muscogee shall supplement the salary of the Judges of the Superior Court of the Chattahoochee Judicial Circuit, so as to change the amount of said supplement; and for other purposes.

HB 685. By Mr. Conner of the 91st:
A bill to abolish the present mode of compensating the tax commissioner of Jeff Davis County, known as the fee system; and for other purposes.

HB 686. By Mr. Conner of the 91st:
A bill to abolish the present method of compensating the sheriff of Jeff Davis County, known as the fee system; and for other purposes.

HB 687. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd, Wilson and Henderson of the 102nd:
A bill incorporating the City of Powder Springs, so as to change the qualifications of voters; and for other purposes.

HB 688. By Messrs. Melton and Faissert of the 34th:
A bill to amend an act consolidating the offices of Tax Receiver and Tax Collector of Spalding County, so as to fix the salary of the Tax Commissioner; and for other purposes.

HB 689. By Messrs. Gaissert and Melton of the 34th:
A bill to amend an act abolishing the fee system of compensation of certain county officers, so as to fix the salary of the Clerk of the Sup erior Court of Spalding County; and for other purposes.

MONDAY, FEBRUARY 14, 1966

783

HB 690. By Messrs. Gaissert and Melton of the 34th:
A bill to amend an act abolishing the fee system of compensation of the Coroner of Spalding County, so as to fix the compensation of the Coroner; and for other purposes.

HB 692. By Messrs. Newton and Matthews of the 94th:
A bill to amend an act creating and establishing a new charter for the City of Moultrie, so as to extend the corporate limits; and for other purposes.

HB 694. By Messrs. Malone, Carley & Vaughn of the 117th, Bean, Evensen, Westlake and Higginbotham of the 119th, Walling, Harris and Levitas of the 118th:
A bill to amend an act creating a board of commissioners of roads and revenues for DeKalb County, so as to increase compensation of the Chairman and members of said board; and for other purposes.

HB 696. By Messrs. Story and Watson of the 22nd:
A bill to amend an act creating a new charter for the City of Lawrenceville, by adding additional territories to be included in the city limits of said city; and for other purposes.

HB 697. By Messrs. Story and Watson of the 22nd:
A bill to amend an act of the General Assembly creating a new charter for the City of Lawrenceville, so as to authorize the mayor and council to enact an ordinance prohibiting the operation of public billiard rooms and public pool rooms in said city; and for other purposes.

HB 698. By Messrs. Lowrey, Minge and Starnes of the 13th:
A bill to create the Floyd School District by merging the independent school system of the City of Rome and the county school system of Floyd County; and for other purposes.

HR 288. By Mr. Johnson of the 25th:
A resolution proposing an amendment to the Constitution so as to au thorize Elbert County to establish and maintain a program of recreation for the citizens of Elbert County; and for other purposes.

HR 289. By Mr. Leonard of the 3rd:
A resolution proposing an amendment to the Constitution so as to create the Murray County Industrial Development Authority; and for other purposes.

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HR 290. By Mr. Herndon of the 74th:
A resolution proposing an amendment to the Constitution so as to create the Appling County Industrial Development Authority; and for other purposes.

HR 291. By Mr. Roach of the 15th:
A resolution proposing an amendment to the Constitution so as to create the Cherokee County Development Authority; and for other purposes.

HR 293. By Messrs. Malone, Carley, Vaughn and Palmer of the 117th, Evensen, Westlake, Higginbotham and Bean of the 119th:
A resolution proposing an amendment to the Constitution so as to pro vide that the governing authority of DeKalb County shall reimburse the municipalities located wholly within DeKalb County for 30% of the cost of maintaining the police forces of such municipalities; and for other purposes.

HR 295. By Mr. Smith of the 44th:
A resolution proposing an amendment to the Constitution so as to provide for the election of the Board of Education of Pike County and to provide for the appointment of the county school superintendent of Pike County by the board of education thereof; 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 and Resolutions of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the fol lowing recommendations:
SB 216. Do Pass. SB 217. Do Pass. SB 234. Do Pass. SR 39. Do Pass. SR 64. Do Pass by Substitute. SR 67. Do Pass. SR 73. Do Pass. SR 79. Do Pass.

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785

HB 91. Do Pass. HB 132. Do Pass. HB 158. Do Pass. HB 159. Do Pass. HB 227. Do Pass. HB 347. Do Pass as Amended. HB 385. Do Pass. HB 407. Do Pass. HB 458. Do Pass. HB 482. Do Pass. HB 483. Do Pass. HB 485. Do Pass. HB 490. Do Pass. HB 492. Do Pass. HB 493. Do Pass. HB 513. Do Pass as Amended. HB 525. Do Pass as Amended. HB 529. Do Pass. HB 537. Do Pass. HB 540. Do Pass. HB 580. Do Pass. HB 581. Do Pass. HB 582. Do Pass. HB 586. Do Pass. HB 588. Do Pass. HB 589. Do Pass. HB 592. Do Pass. HB 593. Do Pass. HB 599. Do Pass. HB 600. Do Pass.
HB 604. Do Pass. HB 605. Do Pass. HB 606. Do Pass. HB 607. Do Pass.

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HB 610. Do Pass. HB 611. Do Pass. HB 612. Do Pass. HB 613. Do Pass. HB 614. Do Pass. HB 615. Do Pass. HB 616. Do Pass. HB 627. Do Pass. HB 628. Do Pass. HB 629. Do Pass. HB 630. Do Pass. HB 631. Do Pass. HB 639. Do Pass. HB 640. Do Pass. HB 643. Do Pass. HB 644. Do Pass. HB 645. Do Pass. HB 649. Do Pass. HB 654. Do Pass. HB 655. Do Pass. HB 656. Do Pass. HB 660. Do Pass. HB 661. Do Pass. HB 662. Do Pass. HB 663. Do Pass. HB 666. Do Pass. HB 667. Do Pass. HB 675. Do Pass. HB 678. Do Pass. HB 680. Do Pass. HB 686. Do Pass. HB 698. Do Pass. HE 232. Do Pass. HR 250. Do Pass.

MONDAY, FEBRUARY 14, 1966

787

HR 255. Do Pass. HR 271. Do Pass. HR 273. Do Pass. HR 290. Do Pass.

Respectfully submitted, Downing of 1st District, Chairman.

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 and resolution of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 212. Do Pass. SR 62. Do Pass. HB 193. Do Pass. HB 325. Do Pass. HB 327. Do Pass. HB 369. Do Pass as Amended. HB 479. Do Pass.
Respectfully submitted, Pennington of 45th District, Chairman.

Mr. Rowan of the 8th District Secretary of the Committee on Rules sub mitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following bills and resolutions of the Senate and House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SB 197. Do Pass. SR 70. Do Pass. SR 80. Do Pass.

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HB 110. Do Pass. HB 154. Do Pass. HB 199. Do Pass. HB 202. Do Pass as Amended. HB 572. Do Pass. HR 36. Do Pass. HR 37. Do Pass. HR 38. Do Pass. HR 78. Do Pass. HR 124. Do Pass. HR 128. Do Pass. HR 150. Do Pass.

Respectfully sumbitted, Rowan of 8th District, Secretary.

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

HB 347. By Messrs. Wilson and Henderson of the 102nd, Howard and McDaniell of the 101st and Jordan of the 103rd:
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 additional meetings; and for other purposes.

The Committee on County and Municipal Governments offered the following amendment:
Amend HB 347 by inserting in the title immediately before the phase "to repeal conflicting laws" the following: "to change certain other provisions relating to the Recorder's Court";.
By striking Section 4 in its entirety and substituting in lieu there of a new Section 4 to read as follows:
"Section 4. Said Act, as amended, is further amended by striking Section 22 in its entirety and substituting in lieu thereof a new Section 22 to read as follows:

MONDAY, FEBRUARY 14, 1966

789

'Section 22. Be it further enacted that there is hereby created a recorder's court for the trial of all offenders against the laws and ordinances of said city. Said court shall be presided over by a recorder. Said court shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used as evidence, to punish for contempt, and to exercise all the powers incidental to a police court. Said court shall have the power to punish violations of this charter, or of any ordinance of said city, by a fine not to exceed two hundred dollars, by imprisonment in the city jail not to exceed thirty days, or by work on the streets, sidewalks, or public works of said city of Kennesaw, not to exceed thirty days, or by one or more or all of these punishments, as the recorder may in his discretion see fit to impose; provided, however, that all violations of city ordinances for which the defendant shall be entitled to a trial by jury upon being bound over to a higher court shall be punished by a fine not to exceed three hundred dollars, by imprisonment in the city jail not to exceed 30 days or work on the streets, sidewalks or public works of the city not to exceed 30 days or by one or more or all of these punishments as the recorder may in his discretion see fit to impose in the event the defendant voluntarily waives trial by jury and is found guilty by the city recorder upon a trial in said recorder's court. The fines imposed under this section may be collected by execution against the defendant and against his property.' "

On the adoption of the amendment, the ayes were 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 525. By Messrs. Howard of the 101st, Henderson and Wilson of the 102nd: A bill providing for a new charter for the City of Marietta, so as to change the corporate limits of said city; and for other purposes.

The Committee on County and Municipal Governments offered the following amendment:
Amend HB 525 by adding at the end of quoted Section 2E of Section 1 the following:
"TRACT NO. 20
All that tract or parcel of land lying and being in Land Lots 507 and 574, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:

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BEGINNING at a point formed by the intersection of the north right-of-way of Morrell Road and the west right-of-way of the U. S. 41 Fourlane Highway; thence running south westerly along the north right-of-way of Morrell Road for a distance of 687.5 feet more or less to a point on the west right-of-way of Georgia Power Company Atkinson-Marietta 110 K. V. Power lines; thence southeast along the west right-of-way of said power line a distance of 31 feet more or less to a point on the south right-of-way of Morrell Road; thence north easterly along the south right-of-way of Morrell Road a distance of 682.5 feet more or less to the west right-of-way of U. S. 41 Fourlane Highway; thence northwesterly along the west right-of-way of U. S. 41 Fourlane Highway a distance of 30 feet to the point of beginning.
Property described above being that portion of the tract known as Morrell Road between west right-of-way of U. S. 41 Fourlane Highway and west right-of-way of Georgia Power Company Atkinson to Marietta 110 K. V. power line.

"TRACT NO. 21
All that tract or parcel of land lying and being in Land Lots 3, 4, 69, and 70 of the 17th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows:
BEGINNING at a point on the west line of Land Lot 70, said point being located 730.1 feet north of the southwest corner of said land lot and running thence due East 50 feet to a point and corner; thence due South in a line parallel with the West boundary of said land lot a distance of 680.1 feet to a point and corner; thence due East a distance of 330 feet to a point and corner; thence due South a distance of 280 feet to a point and corner; thence South 89 degrees 29 minutes East a distance of 1200 feet to a point located in Chestnut Hill Road; thence South 53 degrees 22 minutes West 320 feet to a point; thence South 20 degrees 22 minutes West a distance of 260 feet to a point; thence South 28 degrees 22 minutes West 200 feet to a point; thence South 63 degrees 52 minutes West a distance of 320 feet to a point; thence South 50 degrees 32 minutes West a distance of 100 feet to a point; thence South 67 degrees 34 minutes West a distance of 250 feet to a point; thence due North to a point located 764 feet South of the North line of Land Lot 69; thence due West to a point 330 feet East of the West line of Land Lot 69; thence North 75 degrees 35 minutes West a distance of 268 feet to a point; thence North 45 degrees 21 minutes West a distance of 296 feet to a point; thence North 15 degrees 07 minutes West a distance of 292 feet to a point; thence due North a distance of 198 feet more or less to the North line of Land Lot 4; thence East a distance of 7.45 feet to a point; thence southeasterly and curv ing to the south on a radius of 161 feet for a distance of 96.6 feet to a point; thence continuing southeasterly and curving to the North on a radius of 211 feet for a distance of 126.6 feet to a point; thence East 7.45 feet to the East Boundary of Land Lot 4; thence continuing East for a distance of 5 feet; thence due North for a distance of 80 feet to a point; thence West a distance of 5 feet to a

MONDAY, FEBRUARY 14, 1966

791

point located on the East boundary of Land Lot 3, said point being 15 feet North of the Southeast corner of said land lot; thence West a distance of 7.45 feet; thence westerly and northwesterly curving to the North, said curve being on a radius of 161 feet for a distance of 96.6 feet to a point; thence continuing northwesterly and curving to the South on a radius of 211 feet for a distance of 126.6 feet to a point, said point being located 80 feet North of the South line of Land Lot 3; thence due West for a distance of 250 feet to a point; thence due North for a distance of 597.6 feet to a point located on the South boundary of the property of James T. Manning; thence North 88 degrees 17 minutes East a distance of 468.55 feet to a point located on the West boundary of Land Lot 70; thence North along the West line of Land Lot 70 a distance of 32.3 feet to the point of beginning."

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

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

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

The bill, having received the requisite constitutional majority, was passed as amended.
The following general bills and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage:

SB 168. By Senators Edenfield of the 4th, Kilpatrick of the 44th, McKenzie of the 17th and others:
A bill to amend an act regulating the manufacture, sale, possession, etc., of narcotic drugs in the State of Georgia, as amended, so as to provide life imprisonment in lieu of the death penalty for the second or subsequent offense for selling or furnishing a minor with any narcotic drug; and for other purposes.

The Committee on Judiciary offered the following substitute:
A BILL TO BE ENTITLED
An Act to amend an act regulating the manufacture, sale, possession, control, prescribing, administering, dispensing, compounding, mixing,

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JOURNAL OF THE SENATE,

cultivation and growth of narcotic drugs in the State of Georgia, ap proved March 24, 1935 (Ga. Laws 1935, p. 418), as amended, particularly by an Act approved February 15, 1952 (Ga. Laws 1952, p. 324), so as to provide life imprisonment in lieu of the death penalty for the second or any subsequent offense of selling or furnishing a minor with any narcotic drug; to delete the provision prohibiting a suspended sentence or probation and parole; 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 regulating the manufacture, sale, possession, control, prescribing, administering, dispensing, compounding, mixing, cultivation and growth of narcotic drugs in the State of Georgia, ap proved March 24, 1935 (Ga. Laws 1935, p. 418), as amended, particular ly by an act approved February 15, 1952 (Ga. Laws 1952, p. 324), is hereby amended by striking the third paragraph of Section 21 in its en tirety and substituting in lieu thereof a new paragraph to read as follows:
"Provided, however, that any other provisions of this section to the contrary notwithstanding, any person who by himself, agent or through any other person in any manner gives, sells, offers for sale, barters, exchanges or furnishes a minor with any narcotic drug in violation of the provisions of this Act shall be guilty of a felony and upon the first or any subsequent conviction thereof shall be punished by imprisonment in the penitentiary for life. The jury in such cases may recommend that the person convicted be imprisoned in the penitentiary for not less than ten nor more than twenty years, and it shall be within the discretion of the judge to sentence such person to life imprisonment or the period provided for in the recommendations of the jury."

Section 2. This Act shall become effective on March 1, 1966.

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 35, nays 0, and the sub stitute was adopted.

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

On the passage of the bill, the ayes were 44, nays 0.

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

MONDAY, FEBRUARY 14, 1966

793

Senator Fincher of the 51st gave notice that at the proper time he would move that the Senate reconsider its action on SB 168.

SB 167. By Senators Edenfield of the 4th, Kilpatrick of the 44th, McKenzie of the 17th and others:
A bill to amend an act prohibiting the use or handling of poisonous snakes or reptiles in such manner as will endanger the health or safety of the public, as amended, so as to provide for life imprisonment in lieu of the death penalty for the mishandling of snakes when death ensues; and for other purposes.

The Committee on Judiciary offered the following amendment: Amend SB 167 as follows:
By striking Section 1 in its entirety and substituting in lieu there of a new Section 1 to read as follows:
"Section 1. An Act prohibiting the use of handling of poisonous snakes or reptiles in such manner as will endanger the health or safety of the public or any member thereof, approved March 27, 1941 (Ga. Laws 1941, p. 448) is hereby amended by striking from Section 3 the following: "death, unless the jury trying the case recommends mercy', and inserting in lieu thereof the following: 'life imprisonment, but in all cases the jury may fix the punish ment by imprisonment in the penitentiary for not less than ten nor more than twenty years', so that when so amended Section 3 shall read as follows:
'Section 3. Any person violating the provisions of this Act shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment in the penitentiary for a term of not less than one and not more than twenty years except as hereinafter provided. In the event, however, that death is caused to a person on account of the violation of this Act by some other person, the prisoner shall be sentenced to life imprison ment, but in all cases the jury may fix the punishment by imprisonment in the penitentiary for not less than ten nor more than twenty years.' "

On the adopted of the amendment, the ayes were 35, nays 0, and the amendment was adopted.

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

On the passage of the bill, the ayes were 35, nays 0.

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JOURNAL OF THE SENATE,

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

SB 179. By Senator McKenzie of the 17th:
A bill to repeal Code section 92-7002, relating to the duties of the State Revenue Commissioner; and for other purposes.

Senator McKenzie of the 17th offered the following amendment:
Amend SB 179 by striking the number or year 1968 on page one line 13 and the number 1968 in line seven of section two on page four and inserting in lieu thereof the number of year 1967.
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, was agreed to as amended.

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

The bill, having received the requisite constitutional majority, was passed as amended.
HB 68. By Messrs. Steis of the 100th, Jones of the 76th, Minge and Starnes of the 13th, Fulford of the 67th and others:
A bill to amend an act relating to Supreme Court and judges of Court of Appeals, so as to change the salaries of the justices of the Supreme Court and the Judges of the Court of Appeals; and for other purposes.

The Committee on Judiciary offered the following amendment:
Amend HB 68 by striking from section 1 the figure "$25,000.00" and inserting in lieu thereof the figure "$27,500.00".

On the adoption of the amendment, the ayes were 35, nays 10, and the amendment was adopted.

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

MONDAY, FEBRUARY 14, 1966

795

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 Coggin Edenfield Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory Hall Holley

Holloway Johnson Kendrick Kidd Lee Loggins Minish Moore McGill McKenzie Padgett Pennington Plunkett

Rowan Salome Sanders Smalley Smith Spinks Thompson Ward Webb Wesberry Young

Those voting in the negative were Senators:

Adams Bateman Broun Carter

Downing Kilpatrick Maclntyre Miller

Noble Searcey Tribble

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

On the passage of the bill, the ayes were 37, nays 11.

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

SR 27. By Senators Gillis of the 20th and Smith of the 18th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize the Department of Industry and Trade to participate in the operation of certain facilities for the promotion of tourism in the State of Geor gia; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

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JOURNAL OF THE SENATE,

Section 1. Article V of Section X of the Constitution is hereby amended by adding at the end of Section X a new Paragraph to be numbered Paragraph II and to read as follows:

"Paragraph II. In addition to such powers and duties as may from time to time be conferred upon the Board of Commissioners and the Department of Industry and Trade, the Board of Com missioners shall be authorized to participate with any county, municipality, public or private organization, or any combination thereof, in the operation of any of the facilities operated by such agencies for the purpose of encouraging and promoting tourism in this state, notwithstanding any other provisions of this Con stitution to the contrary."

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 authorize the Department of Industry and Trade to participate
NO ( ) in the operation of certain facilities for the promotion of tourism in the State of Georgia?"

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.

Senator Smith of the 18th offered the following amendment:
Amend SR 27 by striking in Section 1, paragraph II the words:
"public or private organization" and inserting in lieu thereof the following:
"non profit organization".

MONDAY, FEBRUARY 14, 1966

797

On the adoption of the amendment, the ayes were 33, nays 1, and the amend ment was adopted.

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 Coggin Dean Downing Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

Hall Hill Holloway Kendrick Kidd Lee Loggins Maclntyre Miller Moore McGill McKenzie Noble Padgett

Pennington Plunkett Rowan Salome Sanders Searcey Smith Spinks Tribble Ward Webb Wesberry Young

Those voting in the negative were Senators:

Broun Carter Johnson of 42nd

Kilpatrick Owens Smalley

Thompson Yancey

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

On the adoption of the resolution, the ayes were 41, nays 8.

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

SB 182. By Senators Plunkett of the 30th, Coggin of the 35th and Broun of the 46th:
A bill to provide for a method, in addition to existing methods, for the annexation of contiguous territories upon the application of not less than 60% of the owners representing at least 60% of the land area included in such application; and for other purposes.

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JOURNAL OF THE SENATE,

Senator Plunkett of the 30th offered the following substitute:

A BILL

To be entitled an act to provide for a method, in addition to exist ing methods, for the annexation of areas contiguous to incorporated municipalities upon the application of not less than sixty per cent (60%) of the electors resident in the area included in such application and the owners of at least sixty percent (60%) of the land area included in such application; to provide for municipal services to such areas; to provide for public hearings; to provide for the procedure connected therewith; to define contiguous area; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Authority is hereby granted to the governing bodies of the several incorporated municipalities of this State to annex to the existing corporate limits thereof unincorporated areas which are con tiguous to the existing corporate limits at the time of such annexation, upon the written and signed application of not less than sixty percent (60%) of the electors resident in the area included in any such applica tion and of the owners of not less than sixty percent (60%) of the land area, by acreage, included in such application. The authority hereby granted is in addition to existing authority, and is intended to provide a cumulative method of annexing territory to incorporated municipali ties in addition to those methods provided by present law.

Each such application shall contain a complete description of the land proposed to be annexed. Lands to be annexed at any one time shall be treated as one body, regardless of the number of owners, and all parts shall be considered as adjoining the limits of the municipality when any one part of the entire body abuts such limits.

For the purpose of determining the percentage of electors signing such application the municipal governing body shall obtain a list of electors residing in such area from the board of registrars of the county, or counties in which the area lies. Said list shall be compiled by the board of registrars and provided to the municipal governing body in accordance with Section 34-636 of the Georgia Election Code, and the municipal governing body shall bear the expense of the preparation of such lists in the manner prescribed by such section.

For the purpose of determining ownership of the property included within such application, the owner or owners of the fee simple title, or his legal representative, as shown by the records of the clerk of superior court shall be considered the "owner" of such property.

Section 2. Whenever the governing body of a municipality shall receive such an application it shall, after investigation, determine whether such application complies with the requirements of this act, if it is determined that such application de?.a not comply with this act, the governing body shall notify in writing the persons presenting such

MONDAY, FEBRUARY 14, 1966

799

application stating wherein the application is deficient. If it is deter mined that such application does comply with this act the municipal governing body shall proceed to act on said application in accordance with Section 3 hereof.

Section 3. The municipal governing body shall hold a public hear ing on any such application which has been determined to meet the requirements of this act. Such hearing shall be held not less than fif teen (15) nor more than forty-five (45) days from the time the gov erning body makes a determination that such petition is valid. Notice of the time and place of such hearing shall be given in writing to the persons presenting the application and shall be advertised once a week for two consecutive weeks immediately preceding such hearing in a newspaper of general circulation in the municipality and in the area proposed for annexation.

At such public hearing all persons resident or owning property in the municipality or in the area proposed for annexation may be heard on the question of the annexation of such area by the municipality.

Section 4. If after such public hearing the governing body deter mines that the annexation to the municipality of the area proposed in the application would be in the best interest of the residents and prop erty owners of the area proposed for annexation and of the citizens of the municipality, said area may be annexed to the municipality by the adoption of an annexing ordinance.

Section 5. "Contiguous area" shall mean any area which, at the time annexation procedures are initiated, either abuts directly on the municipal boundary or is separated from the municipal boundary by a street or street right-of-way, a creek or river, the right-of-way of a railroad or other public service corporation, lands owned by the city, a county, or lands owned by the State of Georgia.

Section 6. A municipality exercising authority under this Act shall make plans for the extension of services to the area proposed to be annexed and shall, prior to the public hearing provided for in Section 3 of this Act, prepare a report setting forth such plans to provide services to such area. The report shall include:

(a) A map or maps of the municipality and adjacent terri tory to show the following information:

(1) The present and proposed boundaries of the municipality.

(2) The present major trunk water mains and sewer inter ceptors and outfalls, and the proposed extensions of such mains and outfalls as required by this Section.

(b) A statement setting forth the plans of the municipality for extending to the area to be annexed each major municipal serv ice performed within the municipality at the time of annexation. Specifically, such plans shall:

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(1) Provide for extending police protection, fire protection, garbage collection and street maintenance services to the area to be annexed on the date of annexation on substantially the same basis and in the same manner as such services are provided within the rest of the municipality prior to annexation. If a water distri bution system is not available in the area to be annexed, the plans must call for reasonably effective fire protection services until such time as water lines are made available in such area under existing municipal policies for the extension of water lines.

(2) Provide for extension of major trunk water mains and sewer outfall lines into the area to be annexed within twelve months of the effective date of annexation so that when such lines are constructed property owners in the area to be annexed will be able to secure public water and sewer service, according to the policies in effect in such municipality for extending water and sewer lines to individual lots or subdivisions.

Section 7. When such application is acted upon by the municipal authorities and the land is, by ordinance, annexed to the municipality, a complete survey by a competent surveyor, not necessarily a county surveyor, shall be filed as a part of the ordinance annexing the terri tory and a copy certified to by the clerk or similar official of the munici pality shall be filed with the Secretary of State of the State of Geor gia. When so annexed, such lands shall constitute a part of the lands within the corporate limits of the municipality as completely and fully as if the limits had been marked and defined by special act of the Gen eral Assembly.
Section 8. All laws and parts of laws in conflict herewith are hereby repealed.

Senator Kilpatrick of the 44th offered the following amendment to the
substitute: Amend SB 182 floor substitute by adding at the end of section 5
a new sentence: "Provided there shall be no 'annexation across the boundary line of any political subdivision without the consent of all political subdivisions whose boundary lines are crossed."

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

Senator Yancey of the 33rd offered the following amendment to the sub stitute :
Amend SB 182 by adding to section 3 the following:
"Provided, however, that any property owner may withdraw his consent at any time through the date of the public hearing".

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

MONDAY, FEBRUARY 14, 1966

801

On the adoption of the substitute as amended, Senator Thompson of the 34th 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 Bateman Broun Carter Coggin Eldridge Fincher of 51st Fincher of 54th Flowers Gayner Gillis Gregory

Hall Johnson of 42nd Johnson of 38th Kilpatrick Lee Maclntyre Minish Moore McGill McKenzie Noble Owens

Plunkett Rowan Sanders Smalley Smith Spinks Ward Webb Wesberry Young

Those voting in the negative were Senators:

Adams Downing Foster Kendrick Kidd

Loggins Miller Padgett Pennington Salome

Searcey Thompson Tribble Yancey

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

On the adoption of the substitute as amended, the ayes were 34, nays 14, and the substitute was adopted as amended.

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

On the passage of the bill, the ayes were 29, nays 12.

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

Senator Kendrick of the 32nd gave notice that at the proper time he would move that the Senate reconsider its action on SB 182.

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JOURNAL OF THE SENATE,

SB 147. By Senators Thompson of the 34th, Coggin of the 35th, Ward of the 39th, Johnson of the 38th, Maclntyre of the 40th and others:
A bill to amend an act establishing a new charter for the City of East Point in Fulton County, as amended; and for other purposes.

Senator Wesberry of the 37th moved that SB 147 be reconsidered.

On the motion to reconsider, the ayes were 28, nays 0, and the motion pre vailed.
Senator Wesberry of the 37th asked unanimaus consent that SB 147 be re committed to the Committee on County and Municipal Governments.

The consent was granted.

HB 86. By Messrs. Cook of the 123rd, Carnes of the 129th, Dillon of the 128th, Brown of the 120th and others:
A bill to amend an act establishing a new charter for the City of At lanta, so as to extend the corporate limits; and for other purposes.

The Committee on County and Municipal Governments offered the following substitute:
A BILL
To be entitled an act to amend an act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several acts amendatory thereof, and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA and it is hereby enacted by authority of the same that an act entitled "An act to establish a new charter for the City of Atlanta, approved February 28, 1874," and the several acts amendatory thereof, be further amended as follows:
Section 1. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for Fulton County are published, namely, in the Fulton County Daily Report, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General As sembly. 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 the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notice of intention to apply for the passage

MONDAY, FEBRUARY 14, 1966

803

of this local legislation, have been complied with for the enactment of this law.
Section 2. The corporate limits of the City of Atlanta are hereby enlarged and extended so as to include and embrace within the cor porate limits of the City of Atlanta, as they existed on January 1, 1966, all of the following described territory:
BEGINNING at a point where the northern corporate limits of the City of Atlanta, as they existed on January 1, 1966, intersect the divid ing line between Fulton and DeKalb Counties and running thence northerly and northeasterly along the dividing line between Fulton and DeKalb Counties and the dividing line between Fulton and Gwinnett Counties to the intersection of said dividing line between Fulton and Gwinnett Counties with the southern bank of the Chattahoochee River; thence in a westerly, northwesterly, southwesterly and easterly direc tion and following the curvature of the said Chattahoochee River along the southern bank of said river to the point of intersection of the south ern bank of the Chattahoochee River with the northern corporate limits of the City of Atlanta, as they existed on January 1, 1966; running thence in an easterly direction along the northern corporate limit lines of the City of Atlanta, as they existed on January 1, 1966, to the inter section of said northern corporate limit lines and the dividing line between Fulton and DeKalb Counties, the same being the point of beginning.
Section 2a. The corporate limits of the City of Atlanta are hereby enlarged and extended so as to include and embrace within the cor porate limits of the City of Atlanta, as they existed on January 1, 1966, and in Ward 7 thereof, all of the following described territory.

In the County of Fulton, State of Georgia: BEGINNING at the point of the present city limits of the City of Atlanta which is common to Land Lots 14, 15, 23 and 24 of the 14th District F.F., now Fulton County Georgia; thence proceeding westerly along the northern bound ary of Land Lot 2 and along the northern boundary of Land Lot 51 and along the northern boundary of L. L. 57 and the northern boundary of L. L. 84 to the intersection of the northern boundary of L. L. 84 with the southeastern bank of the Chattahoochee River; running thence in a southwesterly direction following the curvature of the Chattahoo chee River and along the southeastern bank of said River to the inter section of the southeastern bank of the Chattahoochee River with the southern boundary of L. L. 113; running thence in an easterly direction along the southern boundaries of L. L.s 113, 111, 88, 82, 59 and along the southern boundary of L. L. 49 to its point of intersection with the northeast right-of-way of the A.C.L. Railroad (branch line); thence southeasterly, southerly and southeasterly along the right-of-way of said railroad to its point of intersection with the west line of the rightof-way of the main line of the A.C.L. Railroad, said point of intersec tion being located in Land Lot 10 of the 14th District F.F., now Ful ton County; thence northeasterly and northerly along the western right-of-way line of said main line of the A.C.L. Railroad to its point of intersection with the southern boundary line of Sewell Road, said intersection being located in Land Lot 12 of the 14th District F.F., now Fulton County; thence easterly and southeasterly along the south erly side of Sewell Road to its interpretation with the present city limits of the City of Atlanta in Land Lot 246 of the 14th District of

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Fulton County; thence northeasterly, easterly, northerly, westerly, southerly, westerly and northerly along the present city limits of the City of Atlanta to the point of intersection of L. L.s 14, IB, 23 and 24, the same being the point of beginning.

Section 3. Said described territories shall become a part of the City of Atlanta effective 12:01 A. M. on the first day of January, 1967.

Section 4. When the territory described in Section 2 of Section 2-a above becomes a part of the City of Atlanta, it shall likewise be come a part of the independent school system of Atlanta and school property located within said territory shall become the property of said City.
Section 5. Said described territory in Section 2 shall be designated as Ward No. 9 of the City of Atlanta and said Ward shall include all of the territory annexed to the City of Atlanta by Section 2 of this Act.
Section 6. The provisions of the charter of the City of Atlanta as found in Section 4. 3.1 of Volume I of the 1965 Code of the City of Atlanta, as amended, (Ga. Laws 1952, p. 2635) is hereby further amended by striking the words, "eight" and "1954" from the second line thereof and substituting therefor the words, "nine" and "1967" so that said section when so amended shall read in part as follows:

"Effective January 1, 1967, the number of wards in the City is hereby fixed at nine and divided and constituted as follows . . ."

Section 7. That Section 6.1.2 of Volume I of the 1965 Code of Ordinances of the City of Atlanta (Ga. Laws 1952, p. 2635) be and the same is hereby amended by striking therefrom the word "eight" and substituting the word "nine" from the first sentence of said section, so that said first sentence of said section shall read as follows:

"The board of education of the City of Atlanta shall consist of one member from each of the nine wards of the city, who shall be a resident of the ward and in addition thereto there shall be elected one member from the city at large."

Section 8. All powers and authority of the City of Atlanta under its charter and ordinances and all laws appertaining to said city as a municipality are hereby extended over and made effective in every part of the territory included within the limits above described. The power and authority of the officers of the city are made coextensive with the limits as extended by this Act; and all other rights and powers necessary to carry out and enforce the laws and ordinances governing said City of Atlanta, the power of taxing property and regulating business; to assess, issue executions for, and, in cases of default, sell the property upon which taxes are due, as now prescribed by charter and the laws and ordinances of the City of Atlanta, are extended to all the limits included under the terms of this Act. The power of the police department, city tax assessors and receivers, building inspector, treasurer, clerk of council, recorder, and all other

MONDAY, FEBRUARY 14, 1966

805

officers of the City of Atlanta are extended to the new limits as fully and completely as they now exist within the former limits under the present charter, the laws and ordinances governing the City of Atlanta. Said new territory is likewise made subject to all the bonds heretofore issued by the City of Atlanta, and is bound for the payment of such bonds equally with the other territory comprising the City of Atlanta.

Section 9. The legal title to all real property owned by Fulton County within the areas described in Section 2 and Section 2-a herein, which is dedicated to the public purposes of said Fulton County, save and except those properties dedicated to use as facilities of the Health Department, and subject to approval of this Act by referendums, shall, on January 1, 1967, pass to the City of Atlanta with all rights and appurtenances thereto and subject to all liens and encumbrances thereon, unless conveyed by deed to said City of Atlanta at an earlier date. If no earlier conveyance is made, the proper authorities of Fulton County are directed to execute and deliver to the City of Atlanta on January 1, 1967, or as soon thereafter as practicable, such legal papers as are necessary to transfer the title of said property to the City of Atlanta, but such papers shall not be necessary to constitute conveyance of the legal title.

Section 10. It shall be the duty of the Mayor and Board of Alder men to call an election within the area designated in Section 2 hereof on Tuesday after the first Monday in November, 1966, for the purpose of electing two aldermen and one member of the Board of Education to represent said ward on the Board of Aldermen and the Board of Education until their successors shall have been duly elected at the next general election to be held in and for the City of Atlanta, as provided by the charter of said City. The members of the municipal governing authority added by this amendment must be elected by a majority vote of the qualified voters within the area described in said Section 2 of this Act who vote in said election.

Section 11. After the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Ordinary of Fulton County to issue the call for an election for the purpose of submitting this Act to the voters of each of the areas described in Sections 2 and 2-a hereof for separate approval or rejection. After the date of approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the governing authority of the City of Atlanta to issue the call for an election for the purpose of submitting this Act relating to each of the areas described in Sections 2 and 2-a to the voters of the City of Atlanta for separate approval or rejection. The call for such election shall be issued by the Ordinary of Fulton County and the governing authority of the City of Atlanta sometime during the month of July, 1966. The Ordinary of Fulton County and the governing authority of the City of Atlanta shall set
the date of such election for the second Wednesday in September,
1966. The Ordinary of Fulton County and the governing authority of
the City of Atlanta shall cause the date and purpose of the election
to be published once a week for two weeks immediately preceding the
date thereof, in the official organ of Fulton County. The ballot shall
have written or printed thereon the words:

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JOURNAL OF THE SENATE,

1.

"For approval of the Act changing the corporate limits of the City of Atlanta by adding thereto a new area commonly known as the 'Sandy Springs Area'; and the election of two aldermen and a member of the Board of Education for said area."

"Against approval of the Act changing the corporate limits of the City of Atlanta by adding thereto a new area commonly known as the 'Sandy Springs Area'; and the election of two aldermen and a member of the Board of Education for said areas."

2.

"For approval of the Act changing the corporate limits of the City of Atlanta by adding thereto a new area commonly known as the 'Adamsville Area'; and its inclusion in the 7th Ward of the City of Atlanta."

"Against approval of the Act changing the corporate limits of the City of Atlanta by adding thereto a new area commonly known as the 'Adamsville Area'; and its inclusion in the 7th Ward of the City of Atlanta."

All persons desiring to vote in favor of this Act shall vote for

approval, and those persons desiring to vote for rejection of the Act

shall vote against approval. All persons registered to vote in the areas

described in Section 2, Section 2-a or the City of Atlanta more than

thirty (30) days prior to said referendum shall be qualified to vote

: in said referendum election. The votes of the persons in the areas

'

described in Section 2 and 2-a hereof and the votes of the persons in

the City of Atlanta shall be counted separately. In the event a majority

of those persons in such referendum election vote in favor of questions

1 and 2 in the areas described in Section 2 and 2a and in the event a

majority of those persons voting in such referendum election in the

City of Atlanta vote in favor of questions 1 and 2, this Act shall become

of full force and effect as to both areas, or as to either area which

received a majority vote in said election. If either or both of said

questions shall not be approved as provided above, this Act shall be

void and of no force and effect as to the area disapproved.

Section 12. Upon approval by a majority of the persons voting in said referendum election in either or both areas described in Section 2 and 2-a hereof and upon approval of a majority of persons voting
in said referendum election in the City of Atlanta as to either or both such areas, it shall then be the duty of the Mayor of the City of Atlanta to appoint a committee for each area in which the referendum election is approved, such committees to be composed of ten persons, five of whom shall be residents of the area involved, which committees shall serve as advisory bodies to implement and bring about an orderly transition of the governmental functions of the described territories into the City of Atlanta. Said committees shall serve without pay and shall be reimbursed for necessary travel and clerical expenses by the City of Atlanta.

MONDAY, FEBRUARY 14, 1966

807

Section 13.

A. Effective January 1, 1970, Sections 1, 2, 3, 4 and 11 of Ga. Laws 1952, page 2635, as amended, are hereby repealed.

B. Effective January 1, 1970, the Board of Aldermen of the City of Atlanta shall consist of no more than twelve (12) members.

C. Effective January 1, 1970, the Board of Education of the City of Atlanta shall consist of no more than six (6) members.

D. Should the General Assembly of Georgia not prescribe the boundaries of wards and the methods of election for members of the Board of Aldermen of the City of Atlanta, said members shall be elected by the entire electorate of the City of Atlanta and there shall be no requirement as to place of residence within the City. Said mem bers shall be elected on the first Wednesday in December, 1969, and shall serve for a term of four (4) years, beginning the first Monday in January, 1970, or until their sucessors have been duly elected and qualify. Such members must be elected by a majority vote of the qualified voters of the City.

E. Should the General Assembly of Georgia not prescribe the boundaries of wards and the methods of election for members of the Board of Education of the City of Atlanta, said members shall be elected by the entire electorate of the City of Atlanta and there shall be no requirement as to place of residence within the City. Said mem bers shall be elected at the same time that the members of the Board of Aldermen are elected and commence serving at the same time that the members of the Board of Aldermen commence serving and shall serve a term of four (4) years or until their successors are elected and qualify. Such members must be elected by a majority vote of the qualified voters of the City.

Section 14.

All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the amendment to the substitute, the ayes were 39, nays 0, and the amendment to the substitute was adopted.
MINORITY REPORT TO HB 86
This Minority Report is filed for the following reasons:
The so called Sandy Springs annexation bill transcends the norm of tradition in that it encroachs on an area contiguous to Roswell, Georgia, a militia district, for years and years considered a Roswell area of influence, and proposes to put it into Atlanta. This area of 100 homes and approximately 400 people should be left out of any

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JOURNAL OP THE SENATE,

proposed annexation so that at a subsequent date they may, by their own votes, determine whether they want to come into Atlanta, or Roswell, or neither. This is a fair and democratic process of local determination.
M. J. Padgett of the 23rd.

Senator Miller of the 43rd offered the following amendment:

Senator Frank Miller of Senate District 43 moves to amend the Senate Substitute for House Bill Number 86 as follows:

By striking Section 2 thereof in its entirety, and inserting in Jieu thereof the following:
"Section 2. The corporate limits of the City of Atlanta are hereby enlarged and extended so as to include and embrace within the corporate limits of the City of Atlanta, as they existed on January 1, 1966, all of the following described territory:
BEGINNING at a point where the northern corporate limits of the City of Atlanta, as they existed on January 1, 1966, in tersect the dividing line between Fulton and DeKalb Counties and running thence northerly and northeasterly along the dividing line between Fulton and DeKalb Counties and the dividing line between Fulton and Gwinnett Counties to the intersection of said dividing line between Fulton and Gwinnett Counties with the soubhern bank of the Chattahoochee River; thence in a westerly, northwesterly, southwesterly and easterly direction along and following the curvature of the said Chattahoochee River, along the southern bank of said river, to the point of intersection of said river with the southeast line of Land Lot 360 of the 6th District of Fulton County, Georgia; running thence in a southwesterly direction along the southeast lines of Land Lots 360 and 361 to the southwest corner of Land Lot 361, which point is on the line dividing the 6th and 18th Districts of Fulton County, Georgia; thence in a southeasterly direction along said District line to its point of intersection with the south line of Land Lot 362; thence in a westerly direction along the south lines of Land Lots 362 and 385 of the 18th District and Land Lots 25, 29, and 78 of the 17th District of Fulton County, Georgia, to the point of intersection of the south line of Land Lot 78 with the eastern bank of the Chattahoochee River; thence in a southwesterly and easterly direction and following the curvature of the said Chattahoochee River and along the southern bank of said river to the point of intersection of the southern bank of the Chattahoochee River with the northern corporate limits of the City of Atlanta, as they existed on January 1, 1966; thence running in an easterly direction along the northern corporate limit lines of the City of Atlanta, as they existed on January 1, 1966, to the intersection of said northern corporate limit lines and the dividing lines between Fulton and DeKalb Counties, the same being the point of beginning."

Section 2-a and all other sections of said substitute bill shall re main as set forth therein.

MONDAY, FEBRUARY 14, 1966

809

On the adoption of the amendment to the substitute, 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:

Those voting in the affirmative were Senators:

Adams Ballew Bateman Carter Coggin Dean Downing Edenfield Eldridge Pincher of 51st Pincher, of 54th Flowers Poster Gayner Gillis

Gregory Hall Hill Holley Holloway Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Lee Loggins Miller Minish Moore

McGill McKenzie Noble Padgett Rowan Searcey Smalley Smith Spinks Thompson Webb Wesberry Yancey Young

Those voting in the negative were Senator Broun, Senator Maclntyre, and Senator Ward.
By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the amendment to the substitute, the ayes were 44, nays 3, and the amendment to the substitute was adopted.

Senator Johnson of the 38th offered the following amendment to the com mittee substitute:
Senator Johnson of the 38th moves to amend House Bill 86 by deleting Section 2-A in its entirety and substituting therefor the follow ing:
"Section 2-A. The corporate limits of the City of Atlanta are hereby enlarged and extended so as to include and embrace within the corporate limits of the City of Atlanta as they existed on January 1, 1966, to be a part of Ward 7 of the City of Atlanta, all of the following described territory:
In the County of Fulton, State of Georgia:
BEGINNING at the point on the present City Limits of the City of Atlanta which is common to Land Lots 14, 15, 23 and 24

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JOURNAL OF THE SENATE,

of the 14th District F. F. Fulton County, Georgia; thence westerly along the northern line of Land Lot 24 to the northwest corner of said Land Lot; thence south along the line dividing Land Lots 24 and 51 to a point 1210 feet north of the southeast corner of Land Lot 51; thence west, parallel to and at a distance of 1210 feet north of the south line of said Land Lot, to the west line of said Land Lot; thence south along the line dividing Land Lots 51 and 57 and Land Lots 50 and 58, to the intersection of said Land Lot line with the north boundary of Bakers Ferry Road; thence south west along the western and northern boundary line of Bakers Ferry Road 790 feet, more or less, to the corner of the property now owned by the State of Georgia, and known as the Georgia Training School for Girls; which point is likewise a corner of Fulton Industrial District as per the original boundary survey thereof by E. Boggus, Civil Engineer, on file in the office of the Director of Public Works of Fulton County; thence continuing southwest along the northwesterly line of Bakers Ferry Road 600 feet to a point; thence west along the boundary line of said Fulton Industrial District 400 feet to a point; thence continuing south along said boundary line 200 feet to a point; thence southwest along said boundary line 300 feet to a point opposite the southwest corner of the intersection between Bakers Ferry and Boulder Park Drive, and at a distance of 250 feet northwest of Bakers Ferry Road; thence southeast 50 feet; thence southwest parallel to and at a distance of 200 feet north of Bakers Ferry Road a distance of 50 feet to a point; thence southeast, forming an interior angle of 90 degrees, a distance of 200 feet to the north side of Bakers Ferry Road; thence northeasterly along Bakers Ferry Road to a point on the north side of Bakers Ferry Road which is opposite the intersection of Bakers Ferry Road with the southwest corner of Boulder Park Drive; thence southeasterly and easterly along the south property line of Boulder Park Drive to a point 660 feet west of the northeast corner of Land Lot 59; thence south on a line parallel to and at a distance of 660 feet west of the east line of Land Lot 59, a distance of 660 feet to a point; thence east on a line parallel to and at a distance of 660 feet south of south property line of Boulder Park Drive, a distance of 660 feet to a point on the east line of Land Lot 59, which point is 660 feet south of the northeast corner of said Land Lot 59; thence south along the line dividing Land Lot 59 from Land Lot 49 to the southwest corner of Land Lot 49; thence east along the south line of Land Lot 49 to its point of intersection with the northeast right-of-way of the Atlantic Coast Line Railroad (Branch line); thence southeasterly, southerly and southeasterly along the right-of-way of said railroad to its point of intersection with the west line of the right-of-way of the main line of the ACL Railroad, said point of intersection being located in Land Lot 10 of the 14th District FF., now Fulton County; thence northeasterly and northerly along the western right-of-way line of said main line of the ACL Railroad to its
point of intersection with the southern boundary line of Sewell
Road, said intersection being located in Land Lot 12 of the 14th
District F.F., now Fulton County; thence easterly and southeasterly
along the southerly side of Sewell Road to the present city limits of
the City of Atlanta in Land Lot 246 of the 14th District of Fulton
County; thence northeasterly, easterly, northerly, westerly, souther-

MONDAY, FEBRUARY 14, 1966

811

ly, westerly and northerly along the present city limits of the City of Atlanta to the point of beginning.

On the adoption of the amendment to the substitute, the ayes, were 39, nays 0, and the amendment to the substitute was adopted.

On the adoption of the substitute, the ayes were 38, 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.
HB 6. By Messrs. Hull of the 104th, Conger of the 89th, Jones of the 112th and many others:
A bill to comprehensively revise, supersede and modernize pretrial, trial and certain posttrial procedures in civil cases; and for other purposes.

The Committee on Judiciary offered the following amendment:

Amend HB 6 as follows:
1. By adding at the end of Section 6(a) the following:
"This subsection shall apply whether the period is measured in days, months, years, or other unit of measurement of time."
2. By striking from Section 13(a), llth and 12th lines, the words "exceeds the jurisdictional limit of the court", and substituting in lieu thereof the words: "is not within the jurisdiction of the Court".
3. By adding a period after the words "third party plaintiff in the 17th line of Section 14(a), and by inserting just before the words "and the third-party defendant" in said line of said section, the words:
"The plaintiff may assert any claim against the third party defendant arising out of the transaction or occurrence that is the

812

JOURNAL OF THE SENATE,

subject matter of the plaintiff's claim against the third-party plain tiff"
4. By striking from Section 17(a), third line, the semi-colon follow ing the word "interest", and by substituting in lieu thereof a period, and by striking the word "but" which follows and by capitalizing the "A" in the word "An" which follows:

5. By striking subparagraph (3) of Section 23(a).

6. By adding in Section 30 (d), before the word "Granting" in the 12th line of said paragraph the word "In".

7. By designating the "Section 35" on page 41, entitled Admission of Facts and Genuineness of Documents" as "Section 36".

8. By striking from Section 42(a), second line, the words ",if the parties consent".

9. By designating existing Section 46 as "46(a)", and by adding a new subparagraph to be known as "b", as follows:

"(b) Where motion for mistrial or other like relief is made, the question is thereby presented as to whether the moving party is entitled to the relief therein sought or to any lesser relief, and where such motion is denied in whole or in part, it shall not be necessary that the moving party thereafter renew his motion or otherwise seek further ruling by the Court."

10. By striking from Section 50(b), in the 3rd line from the end, the word "has" and by substituting in lieu thereof the word "had".

11. By striking the last sentence of Section 51 and by substituting in lieu thereof the following:

"The Court shall cause all requests to charge presented to it to be filed with the clerk, unless previously filed."

12. By striking from Section 55(a), in the second line, the words "its appearance day", and by substituting in lieu thereof the words, "the time required by these rules", and by striking from the fifth line of said Section, the words "after the appearance day", and by substi tuting in lieu thereof the words "of the day of default", and by striking from the twelfth line the words "civil cases" and by substituting there for the words "ex contractu".

13. By adding at the end of Section 60(b), the following:

"but generally judgments shall not be set aside without just cause, and in setting aside or otherwise modifying judgments, the Courts shall consider whether rights have vested thereunder, and whether or not innocent parties would be injured thereby."

MONDAY, FEBRUARY 14, 1966

813

14. By striking from Section 65 (b) in the ninth line, the words "60 days" and by substituting in lieu thereof the figures and words "20 days"; and by striking from the last line of said Section 65(b), the word "that".
15. By adding immediately following Section 134, and just before Section 135, a new section, Section 134A, as follows:

"Section 134A. Ejectment. The fictitious forms of pleading in ejectment are hereby abolished. A complaint in ejectment shall be brought in the name of the party claiming title or the right of possession, and shall name as defendant the person or persons in possession or claiming an interest therein. The complaint shall contain an abstract of plaintiff's title or refer to the deeds by date, parties and recording information constituting plaintiff's chain of title, for at least thirty (30) years back, or else allege why such could not be done. The defendant shall in like manner identify his chain of title or right of possession for a like period, or else allege why such cannot be done. The question in ejectment shall be whose title or right of possession is superior. The plaintiff may in sepa rate counts rely upon as many different chains of title as he may have, and a like priivlege shall be accorded defendant."

16. By adding to Section 135, a new subparagraph to be known as subparagraph "(jj)", to read as follows:

"(jj). Code Sections 110-701, 110-702, 110-703, 110-704, 110-706, 110-707, 110-708, 110-710 and 37-219, relating to motions in arrest, motions to set aside, petitions in equity to set aside, and other like remedies."

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

Senator Smalley of the 28th offered the following amendment:
Amend HB 6 by substituting the word "shall" for the word' "may" in the last sentence of paragraph 13 (b).

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 as amended.

On the passage of the bill, the ayes were 33, nays 0.

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

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JOURNAL OF THE SENATE,

SR 29. By Senators Gillis of the 20th and Smith of the 18th:
A resolution proposing an amendment to the Constitution, so as to authorize the Department of Industry and Trade to participate in the operation of certain facilities for the promotion of tourism in the State of Georgia; and for other purposes.

Senator Holloway of the 12th offered the following substitute:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of the members of the State Board of Education by the House of Representatives and the confirmation of such members by the Senate; 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 II.
"Paragraph I. State Board of Education, method of election. There shall be a State Board of Education composed of one mem ber from each congressional district in the State. The members of the State Board of Education in office at the time of ratification of this amendment shall continue to serve in office until March 1 immediately following the expiration of their respective terms of office. Thereafter the successor of any such member shall be elected by those members of the House of Rapresentativs who represent one or more counties within the congressional district from which such member was initially appointed meeting in caucus at the State Capitol and confirmed by the Senate, as provided for hereinafter. Said election shall be conducted within fifteen (15) days after the convening of the regular session of the General Assembly immedi ately preceding the expiration of the term of any such member. Within five (5) days after the election of any such person by the House of Representatives, the Clerk of the House shall submit his name to the Senate for confirmation. The members elected to suc ceed the members of the State Board of Education, as herein pro vided, shall be elected for and shall serve a term of office of seven years and until their successors are duly elected and qualified, and shall take office on March 1, immsdiately following their election and confirmation. Vacancies occurring in the membership of the Board when the General Assembly is not in session shall be filled by the members of the House from the congressional district where the vacancy occurred meeting in caucus in the same manner as that for the election of Board members as herein provided. Said caucus shall elect a member for said congressional district to serve until the next regular session of the General Assembly at which time the members of the House from such congressional district shall elect and the Senate shall confirm a member to serve out the remainder of the unexpired term. The members of the State Board of Education shall be citizens of this State who shall have resided

MONDAY, FEBRUARY 14, 1966

815

in Georgia continuously for at least five years preceding the date on which they take office. No person employed in a professional capacity by a private or public educational institution, or by the State Department of Education, shall be eligible to serve on said Board. No person who is or has been connected with or employed by a school book publishing concern shall be eligible to membership on the Board, and if any person shall be so connected or employed after becoming a member of the Board, his place shall immediately become vacant. The said State Board of Education shall have such powers and duties as provided by law and existing at the time of the adoption of this amendment, together with such further powers and duties as may be hereafter provided by law."

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 provide for the election of the members of the State Board
NO ( ) of Education by the House of Representatives and the confirmation of such members by the Senate?"

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.

On the adoption of the substitute, the ayes were 35, nays 7, and the substitute was adopted.

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

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

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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Dean Downing Edenfield Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

Hall Hill Holley Holloway Johnson of 42nd Johnson of 38th Kidd Kilpatrick Lee Loggins Miller Minish McGill McKenzie Noble

Owens Padgett Plunkett Rowan Sanders Searcey Smalley Smith Thompson Tribble Ward Webb Wesberry Yancey Young

Those voting in the negative were Senators Adams, Maclntyre and Moore.

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

On the adoption of the resolution, the ayes were 45, nays 3.

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

SR 38. By Senators Webb of the llth and Jackson of the 16th:
A resolution proposing an amendment to the Constitution so as to authorize the establishment of area school systems and area schools, including such special schools as vocational trade schools, schools for exceptional children, and schools for adult education, by county and independent boards of education; and for other purposes.
Senator Webb of the llth offered the following substitute to SR 38:
A RESOLUTION
Proposing an amendment to the Constitution of Georgia, so as to authorize the General Assembly to provide for consolidation or merger of county school districts and independent school systems into area school districts by local referendum; to provide for establishment of area boards of education, area school superintnedents, organization, management and support of area school districts, and for changes there in by local referendum; to authorize boards of education of county, independent and area school districts to enter into contracts respecting

MONDAY, FEBRUARY 14, 1966

817

certain matters, and to expend school tax funds for public education purposes; to authorize establishment of area schools, including special schools by general or local law and by local referendum, and to provide for organization, management and support of same and preservation of existing special schools heretofore established; to provide for sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1, Article VIII of the Constitution of Georgia is hereby amended by striking Section IX in its entirety and substituting in lieu thereof a new Section IX to read as follows:

"SECTION IX.

"Paragraph I. Area School Districts; Area Boards of Educa tion; Area School Superintendents.--The General Assembly may, by general, special or local law, provide for consolidation and merger of any two or more county school districts, independent school systems, or any portion or combination thereof, into a single area school district under the control and management of an area board of education. No such consolidation or merger shall become effective until approved by a majority of the voters voting in a referendum thereon in each school district or school system being consolidated or merged. Any area school district so established shall constitute a separate political subdivision of this State, and the school districts or school systems or portions thereof incorpo rated therein shall stand abolished, and title to all school properties and assets therein shall vest in the area board of education. The number of members of an area board of education, their manner of election or appointment, their terms, residence requirements, qualifications, powers, duties and the method for filling vacancies on said boards shall be as provided by law. There shall be an area school superinendent in each area school district, who shall be the executive officer of the area board of education. The manner of his election or appointment, and his qualifications, term of office, residence requirements, powers, duties and compensation shall be as provided by law. Subsequent to the creation of an area school district, the number and the manner of election or appointment of members of the area board of education and method for filling va cancies occurring on said boards, and their terms of office and residence requirements, and the manner of election or appointment of the area school superintnedent, and his tenure, and residence requirements, may be changed by local or special law conditioned upon approval by a majority of the qualified voters of the area school district voting in a referendum thereon. Members of area boards of education and area school superintendents shall have such powers, duties and further qualifications as provided by law.

"Paragraph II. Power of Boards to Contract With Each Other.--Any two or more county boards of education, independent school systems, or area boards of education, or any combination thereof, may contract with each other for the care, education and

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JOURNAL OP THE SENATE,
transportation of pupils and for such other activities as they may be authorized by law to perform."

Section 2. Article VIII of the Constitution of Georgia is hereby amended by striking Section XII in its entirety and substituting in lieu thereof a new Section XII to read as follows:

"SECTION XII.
"Paragraph I. Local Taxation for Education.--The fiscal au thority of each county shall annually levy a school tax for the support and maintenance of education, not greater than twenty mills per dollar as certified to it by the county board of education, upon the assessed value of all taxable property within the county located outside any independent school system or area school dis trict therein. The independent school system of Chatham County and the City of Savannah being co-extensive with said county, the levy of said tax shall be on all property in said county as recom mended by the governing body of said system. The certification to be made by an Area Board of Education to the fiscal authorities of the territories comprising an area school district shall be in such amount and within such limits as may be prescribed by gen eral or local law applicable thereto, and upon such certification being made it shall be the duty of such fiscal authorities to levy such tax in accordance with such certification, but such levy shall not be greater than twenty mills per dollar upon the assessed value of the taxable property therein. School tax funds shall be expended only for the support and maintenance of public schools, public education, and activities necessary or incidental thereof, including school lunch purposes.

"Paragraph II. Increasing or Removing Tax Rate. -- The twenty mill limitation provided in Paragraph I above may be re moved or increased in a county and in territories comprising an area school district under the procedure set out hereinafter. The county or area board of education, in order to instigate the pro cedure, must pass a resolution recommending that the limitation be removed and upon presentation of such resolution to the ordinary or to the proper authorities of territories comprising an area school district ,as the case may be, it shall be their duty, within ten days of the receipt of the resolution, to issue the call of an election to determine whether such limitation shall be removed. The election shall be set to be held on a date not less than twenty nor more than thirty days from the date of the issuance of the call and shall have the date and purpose of the election published in the official organ of the county once a week for two weeks preceding the date of the election. If a majority of the electors qualified to vote for members of the General Assembly voting in such election vote in favor of such proposal, there shall be no limitation in such county or in such territories comprising an area school district and the county or area board of education may recommend any number of mills for the purposes set out in Paragraph I above. In lieu of recommending that the limitation be removed entirely, the county or area board of education may recommend that it be increased

MONDAY, FEBRUARY 14, 1966

819

and shall specify the amount in the resolution. The election provi sions for increase shall be the same as for removal and if the proposal is favorably voted upon the county or area board may recommend up to the specified amount. It shall be the duty of the ordinary or the proper authorities, as the case may be, to hold the election, to canvass the returns and declare the results. It shall also be their duty to certify the results to the Secretary of State. The expense of the election shall be borne by the county or by the territories comprising an area school district, as the case may be."

Section 3. Article VII, Section VI, Paragraph I of the Constitu tion of Georgia is hereby amended by striking in its entirety Subparagraph (d) and inserting in lieu thereof a new Subparagraph (d) to read as follows:
"Subparagraph (d). Special Schools; Creation; Taxes and Bonds.--The board of education of any county, area school district or independent school system, or any combination thereof, may establish, pursuant to general or local law enacted by the General Assembly, one or more area schools, including special schools such as vocational trade schools, schools for exceptional children, and schools for adult education, in one or more of such political sub divisions; provided, however, that the establishment and operation of such schools pursuant to such general or local law, and any sub sequent amendments thereof, shall be first approved by a majority of the voters voting thereon in each of the school districts or systems affected thereby in separate referendums held in the man ner provided by law. The government, powers and duties of boards of education participating in the establishment or operation of such schools and respecting such schools shall be defined in the general or local law authorizing the same, and such participating political subdivisions shall be authorized to incur bonded indebtedness not to exceed three per centum of the assessed value of all the taxable property therein and to require the levy of school tax funds re quired for the establishment and operation of such schools in such amount and manner as shall be provided in such general or local law, which shall be in addition to any and all other indebtedness and school tax fund levies authorized by this Constitution and by the laws of this State. Schools established pursuant to provisions of this Section shall be operated in conformance with regulations promulgated by the State Board of Education pursuant to pro visions of law. The State is hereby authorized to expend funds for the support and maintenance of such schools in such amount and manner as may be provided by law. Special schools, including vocational trade schools, established prior to the adoption of this amendment under former Subparagraph (d) of Article VII, Section VI, Paragraph I of the Constitution shall not be affected by this amendment, any political subdivision which established such a school is hereby authorized to levy taxes for the support of such school regardless of whether it is located within the ter ritorial limits of such subdivision and any such political subdivision is hereby atithorized to incur bonded indebtedness, not to exceed three per centum of the assessed value of all the taxable property therein, for the support of, or acquisition and construction of facilities for such school. Any such bonded indebtedness shall be incurred pursuant to provisions of Article VII, Section VII of

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JOURNAL OF THE SENATE,

this Constitution and the laws of this State relative to incurring other bonded indebtedness. Such bonded indebtedness shall be in addition to any and all other indebtedness authorized by the Constitution and the laws of Georgia. Such taxes levied by such political subdivision shall be in addition to all school taxes authorized by this Constitution and the laws of this State. The State is hereby authorized to expend funds for the support of such established schools in such amount and manner as may be provided by law."

Section 4. When the above proposed amendment to the Constiuttion 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 Artcile 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 authorize establishment of area schools and area school dis-
NO ( ) tricts by local referendum including special schools such as vocational trade schools, schools for excep tional children, and schools for adult education, and for their organization, management, financing; and to authorize contracts between boards of education and expenditure of school tax funds for public edu cation purposes; and to preserve special schools here tofore established?"

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 returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

Senator Carter of the 14th offered the following amendment to the sub stitute to SR 38:
Amend Substitute to SR 38 as follows:
By striking the next to the last sentence of Paragraph I of Section IX, which sentence reads as follows:

MONDAY, FEBRUARY 14, 1966

821

"Subsequent to the creation of an area school district, the num ber and the manner of election or appointment of members of the area board of education and method for filling vacancies occurring on said boards, and their terms of office and residence requirements, and the manner of election or appointment of the area school super intendent, and his tenure, and residence requirements, may be changed by local or special law conditioned upon approval by a ma jority of the qualified voters of the area school district voting in a referendum thereon."

On the adoption of the amendment to the substitute, Senator Carter of the 14th 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 Dean Eldridge Fincher of 54th Foster Hill

Holley Holloway Kidd Miller Minish McGill McKenzie Owens

Padgett Plunkett Rowan Smalley Thompson Tribble Webb Yancey

Those voting in the negative were Senators:

Broun Downing Gillis Gregory Hall Johnson of 42nd

Johnson of 38th Kendrick Kilpatrick Lee Loggins Maclntyre

Noble Sanders Searcey Smith Ward Young

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

On the adoption of the amendment, the ayes were 24, nays 18, and the amendment was lost.
On the adoption of the substitute, the ayes were 25, nays 12, and the sub stitute was lost.
Senator Webb of the llth moved that SR 38 be postponed until February 15, 1966.

822

JOURNAL OP THE SENATE,

On the motion, the ayes were 30, nays 5.

The motion prevailed, and SR 38 was postponed to February 15, 1966.

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 86. By Messrs. Cook of the 123rd, Carnes of the 129th, Dillon of the 128th, Brown of the 120th and others: A bill to amend an act establishing a new charter for the City of Atlanta, so as to extend the corporate limits ;and for other purposes.

The following bill of the House was taken up for the purpose of considering House action thereto:
HB 86. By Messrs. Cook of the 123rd, Carnes of the 129th, Dillon of the 128th, Brown of the 120th and others: A bill to amend an act establishing a new charter for the City of Atlanta, so as to extend the corporate limits; and for other purposes.
Senator Gayner of the 5th moved that the Senate insist on its position on HB 86 and that a Committee of Conference be appointed and that the Senate instruct the Committee to adhere to and to insist on the amendments of the Senator from the 43rd and the Senate from the 38th.

On the motion, the ayes were 32, nays 9, and the motion prevailed.
The president appointed as a Committee of Conference on the part of the Senate the following:
Senators Coggin of the 35th, Maclntyre of the 40th, and Johnson of the 38th.

SR 19. By Senators Johnson of the 38th, Coggin of the 35th, Wesberry of the 37th and Maclntyre of the 40th:
A resolution proposing an amendment to the Constitution, so as to allow counties or municipal corporations to make repairs to properties or

MONDAY, FEBRUARY 14, 1966

823

structures not necessarily a part of any slum or blighted area at public expense under certain conditions; and for other purposes.

The Committee on Judiciary offered the following substitute.
A RESOLUTION
Proposing an amendment to the Constitution, so as to allow munici pal corporations having a population of more than 300,000 according to the last or any future Federal Decennial Census to make repairs to properties or structures not necessarily a part of any slum or blighted area at public expense under certain conditions and that such expendi tures shall be established as liens against the properties involved; 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:
Section 1. Article XVI of the Constitution, relating to slum clear ance and redevelopment program for cities, towns, housing authorities and counties is hereby amended by adding a new paragraph at the end of said Article to read:
"The General Assembly may also establish procedures whereby any municipal corporation having a population of more than 300,000 according to the last or any future Federal Decennial Census may carry out and enforce the demolition, clean-up, removal, renovation or repair of individual buildings or structures not of necessity a part of any slum or blighted area at public expense after a de termination that a building or structure constitutes a nuisance or constitutes a hazard to the health or safety of the public. Such determination shall only be made, after hearing, in a proceeding in person against the owner of such building or structure or in a proceeding in rem against such building or structure. All ex penses of such demolition, cleanup, removal, renovation and repair and all costs of any such proceeding may be established as liens against the property on which the building or structure is located. Any such work shall constitute a governmental function undertaken for public purposes, and the powers of taxation and eminent do main may be exercised and public funds expended in furtherance thereof.";
so that when so amended, said Article shall read as follows:
"The General Assembly may provide by law that any city or town, or any housing authority now or hereafter established, or any county, may undertake and carry out slum clearance and re development work, including the acquisition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for re-use, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses. Any such work shall constitute a governmental func-

824

JOURNAL OF THE SENATE,

tion undertaken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds expended furtherance thereof.

"The General Assembly may also establish procedures whereby any municipal corporation having a population of more than 300,000 according to the last or any future Federal Decennial Cen sus may carry out and enforce the demolition, c 1 e a n-u p, r e moval, renovation or repair of individual buildings or structures not of necessity a part of any slum or blighted area at public ex pense after a determination that a building or structure constitutes a nuisance or constitutes a hazard to the health or safety of the public. Such determination shall only be made, after hearing, in
a proceeding in person against the owner of such building or struc ture or in a proceeding in rem against such building or structure. All expenses of such demolition, clean-up, removal, renovation and repair and all costs of any such proceeding may be established as liens against the property on which the building or structure is located. Any such work shall constitute a governmental function undertaken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof."

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 authorize the General Assembly to provide for municipal corpo-
NO ( ) rations having a population of more than 300,000 according to the last or any future Federal Decennial Census to carry out and enforce the demolition, clean-up, removal, renovation or repair of individual or isolated properties or structures not of necessity a part of any slum or blighted area at public expense and said expense to be established as liens against the properties involved after a determination that such properties or structures constitute a nuisance or hazard to the health or safety of the public?"

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 return of the election shall be made in like manner as re-

MONDAY, FEBRUARY 14, 1966

825

turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

On the adoption of the substitute, the ayes were 33, nays 0, and the sub stitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

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

Those voting in the affirmative were Senators:

Adams Ballew Bateman Broun Carter Coggin Dean Downing Edenfield Eldridge Fincher of 51st Fincher of 54th

Flowers Foster Gayner Gillis Gregory Hall Hill Holley Holloway Johnson of 42nd Johnson of 38th Kendrick

Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie Noble Padgett

On the adoption of the resolution, the ayes were 36, nays 0.

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

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

Senator Yancey of the 33rd asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Rules and recommitted to the Committee on Educational Matters:

SB 230. By Senators Miller of the 43rd, Minish of the 48th, Adams of the 26th and others:
A bill to prohibit certain persons from speaking or entertaining at State supported colleges or universities; and for other purposes.

The consent was granted.

826

JOURNAL OF THE SENATE,

Senator Hill of the 29th, Chairman of the Committee on Senate Administra tive 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 38. SB 41. SB 50. SB 57. SB 117. SB 120. SB 121. SB 129. SB 134. SB 136. SB 145. SB 157. SB 158.
SB 167.
SB 171.
SB 179.
SB 194.
SB 196.
SB 201. SB 211.
SR 27. SR 29.
SR 55. Respectfully submitted,
Hill of the 29th District,
Chairman.

SR 80. By Senator Webb of the llth:
A resolution to create the Air Pollution Study Committee; and for other purposes.

MONDAY, FEBRUARY 14, 1966

827

The Committee on Rules offered the following substitute:

A RESOLUTION

To create the Air Pollution Study Committee; and for other pur poses.
WHEREAS, the problem relative to air pollution is becoming in creasingly complex; and
WHEREAS, the members of this body are in need of information in order that they might vote more intelligently on legislation concerning air pollution.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Air Pol lution Study Committee to be composed of five members of the Senate to be appointed by the President and five members of the House to be appointed by the Speaker. The Committee shall study all aspects of the problem relative to air pollution and is hereby authorized to consult with persons and organizations knowledgeable in this field. The mem bers of the Committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative com mittees but shall receive the same for not more than ten days. The Committee shall make a report of its findings and recommendations on or before December 1, 1966, on which date the Committee shall stand abolished. The funds necessary for this Resolution shall come from the funds appropriated to and available to the legislative branch of the government.

On the adoption of the committee substitute, the ayes were 33, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

On the adoption of the resolution, the ayes were 33, nays 0.

The resolution, having received the requisite constitutional majority, was passed by substitute.
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.

828

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia, Tuesday, February 15, 1966.

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

Scripture reading was offered by the Reverend D. Perry Ginn, pastor, First Baptist Church, Gainesville, Georgia.

Prayer was offered by the Reverend Don Duvall, pastor of the First Baptist Church, Ringgold, Georgia, and the Reverend Norman Lovein, Chaplain of the Columbus Medical Center, Columbus, 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 Gregory 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 Yancey Young

Senator Hill of the 29th reported that the journal of yesterday's proceedings had been read and found correct.

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

Senator 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.

TUESDAY, FEBRUARY 15, 1966

829

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 in such order as the presiding officer may in his discretion choose.

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 622. By Messrs. Mitchell, Smith and Leonard of the 3rd:
A bill to amend an act entitled "An Act to amend Code Chapter 91-8 pertaining to general provisions on inventory and sale of public prop erty . . .", so as to provide for the private sale, conveyance, transfer or other disposition of county property under certain conditions; and for other purposes.

HB 709. By Messrs. Carnes of the 129th, Adams of the 125th, Lambros of the 130th, Hawkins of the 139th, Lea of the 126th and others:
A bill to provide in all counties having a population of 500,000 or more a method of payment to judges of the Superior Court Emeritus who are requested to serve in such counties; and for other purposes.

HB 723. By Messrs. Lovett and Knight of the 60th:
A bill to amend an act creating a new charter for the City of Dublin, so as to increase the maximum millage which may be levied by the City of Dublin; and for other purposes.

HB 726. By Mr. Lambert of the 38th:
A bill to amend an act placing the clerk of the superior court, the sheriff, the ordinary, the tax collector and tax receiver of Morgan County upon an annual salary, so as to increase the compensation of the sheriff, the ordinary and the tax collector; and for other purposes.

830

JOURNAL OP THE SENATE,

HB 731. By Messrs. Higginbotham, Westlake, Evensen and Bean of the 119th, Sims of the 131st, Adams of the 125th and others:
A bill to amend an act providing for a pension and retirement system for the officers and employees of certain cities, so as to change certain of the provisions relating to the eligibility of persons receiving benefits under such Act to be reemployed or reappointed to any position in the government of such cities; and for other purposes.

HB 732. By Messrs. Mitchell, Smith and Leonard of the 3rd:
A bill to amend an act approved February 24, 1874, incorporating the City of Dalton, so as to provide a comprehensive and unified pension plan for certain officers, firemen, policemen, employees of the Mayor and Council, and the various departments thereof; and for other purposes.
HB 746. By Messrs. Harris and Smith of the 85th:
A bill to amend an act abolishing the fee system of the official court reporter of the Brunswick Judicial Circuit in felony cases and providing in lieu thereof a salary, so as to provide for an assistant official court reporter; and for other purposes.

HB 748. By Messrs. Howard of the 101st, Jordan of the 103rd, Wilson and Henderson of the 102nd:
A bill to amend an act creating a law library in certain counties, so as to increase the maximum fund authorized to be collected from court cases to establish such libraries; and for other purposes.

HB 750. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd, Wilson and Henderson of the 102nd:
A bill to amend an act creating the Cobb Judicial Circuit, so as to change the compensation which the judges receive from Cobb County; and for other purposes.

HB 751. By Messrs. Howard and McDaniell of the 101st, Wilson of the 102nd and Jordan of the 103rd:
A bill to amend an act changing the compensation of the clerk of the superior court, the sheriff and the ordinary of Cobb County, so as to change the compensation of the sheriff, chief deputy sheriff, the deputy sheriffs, chief investigator-sheriff's office, clerk and deputy clerk of the superior court; and for other purposes.

HB 760. By Messrs. Dixon and Sweat of the 83rd:
A bill to amend an act placing certain officers of Ware County on a salary system, so as to authorize the governing authority to allow the

TUESDAY, FEBRUARY 15, 1966

831

tax collector to receive commissions for collecting the taxes in excess of a certain percentage of the total taxes due; and for other purposes.

HB 761. By Messrs. Dixon and Sweat of the 83rd:
A bill to amend an act creating a board of commissioners of roads and revenues of Ware County, so as to change the procedure relative to the publication of receipts and expenditures; and for other purposes.

HB 762. By Messrs. Wilson and Henderson of the 102nd, McDaniell and Howard of the 101st and Jordan of the 103rd :
A bill to fix the compensation of the treasurers of all counties of this State having a population of not less than 100,000 nor more than 130,000; and for other purposes.

HB 763. By Mr. Steis of the 100th:
A bill creating a Small Claims Court in Harris County; and for other purposes.

HB 765. By Messrs. Dean and Moore of the 20th:
A bill to amend an act incorporating the Town of Rockmart in the County of Polk, so as to change the date for holding elections for mayor and councilmen; and for other purposes.

HR 321. By Mr. Clark of the 2nd:
A resolution proposing an amendment to the Constitution so as to create the Catoosa County Development Authority; and for other purposes.

HR 326. By Messrs. Dixon and Sweat of the 83rd:
A resolution proposing an amendment to the Constitution so as to clarify the provisions relative to the filling of vacancies on the Board of Education of Ware County and the appointment of the County School Superintendent by the Board; and for other purposes.

HR 327. By Messrs. Henderson and Wilson of the 102nd, McDaniell and Howard of the 101st, and Jordan of the 103rd:
A resolution proposing an amendment to the Constitution so as to authorize Cobb County to install, construct, extend, repair and improve sidewalks in the incorporated areas and unincorporated areas of Cobb County and to issue general obligation bonds in order to finance said projects; and for other purposes.

832

JOURNAL OP THE SENATE,

HB 754. By Messrs. Sherman and DeLong of the 105th, Fleming of the 106th and Snellings of the 104th:
A bill to amend an act providing a permanent county employees' pension fund for permanent employees of the Board of Commissioners of Roads and Revenues for Richmond County, so as to provide for certain optional additional benefits; and for other purposes.

HB 749. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd and Wilson of the 102nd:
A bill to consolidate the offices of tax collector and tax receiver of Cobb County, so as to change the compensation of the tax commissioner and the chief clerk of the tax commissioner; and for other purposes.

HB 658. By Mr. Stovall of the 17th:
A bill to amend an act creating a board of commissioners of roads and revenues for Banks County, so as to provide that all purchases of supplies and materials for county purposes shall be purchased through a purchasing agent; and for other purposes.

HB 671. By Mrs. Merritt of the 68th and Mrs. Hamilton of the 137th: A bill to amend an act creating the Georgia Art Commission, so as to expand the scope of the Georgia Art Commission to include performing arts; and for other purposes.
HB 722. By Messrs. Harris and Vaughan of the 14th: A bill to provide that the ordinary of certain counties shall receive a salary in lieu of any other system of compensation; and for other purposes.
HR 156. By Mr. Russell of the 92nd: A resolution authorizing the conveyance of a certain tract of Stateowned property in Thomas County to Wade E. Freeman; and for other purposes.
HR 153. By Messrs. Dollar and Conger of the 89th: A resolution authorizing the Governor to execute a permanent easement in behalf of the State of Georgia over certain property located in Bainbridge State Park, Decatur County, Georgia, to the United States of America, to be used in connection with the Jim Woodruff Dam and Reservoir; and for other purposes.

TUESDAY, FEBRUARY 15, 1966

833

SB 148. By Senators Thompson of the 34th, Coggin of the 35th, Ward of the 39th, and others:
A bill to amend an act establishing a new Charter for the City of East Point in Fulton County, approved August 19, 1912 (Ga. L. 1912, pp. 862, et. seq.), as amended; and for other purposes.

SB 149. By Senators Thompson of the 34th, Coggins of the 35th, Ward of the 39th and others:
A bill to amend an act approved September 16, 1891, entitled "An Act to incorporate the City of Hapeville, Georgia; and for other purposes.", and the several Acts amendatory thereof; and for other purposes.

SB 175. By Senators Yancey of the 33rd and Kendrick of the 32nd:
A bill to abolish the office of coroner of Cobb County; to create the office of Medical examiner of Cobb County; and for other purposes.

The House has agreed to the Senate amendment to the following bill of the House to-wit:
HB 210. By Mr. Leonard of the 3rd:
A bill to abolish the present mode of compensating the clerk of the superior court, the sheriff, the ordinary and the tax commissioner of Murray County, known as the fee system; to provide in lieu thereof annual salaries for such officers; and for other purposes.

The House disagrees to the Senate amendment to the following bill of the House to-wit:
HB 6. By Messrs. Hull of the 104th, Murphy of the 26th, Conger of the 89th, Jones of the 112th, Harris of the 85th, Lambert of the 38th, Jones of the 76th, Caldwell of the 51st, Walling of the 118th and Fleming of the 106th:
A bill to comprehensively revise, supersede, and modernize pretrial, trial and certain posttrial procedures in civil cases; and for other purposes.
The House insists on its position on the following bill of the House and requests that a Committee of Conference be appointed:

HB 86. By Messrs. Cook of the 123rd, Carnes of the 129th, Dillon of the 128th, Brown of the 120th and others:
A bill to amend an act establishing a new charter for the City of Atlanta, so as to extend the corporate limits; and for other purposes.

834

JOURNAL OF THE SENATE,

Conference Committee: Messrs. Rodney M. Cook and Etheridge of the 123rd, and Townsend of the 140th.

HR 277. By Messrs. Cox of the 127th, Brown of the 120th, Games of the 129th, Adams of the 125th and others: A resolution urging the State of Georgia to acquire the L.P. Grant property located on St. Paul Street in Atlanta, Georgia, for the purpose of establishing such property as a historical monument; and for other purposes.
HR 360. By Mr. Doster of the 73rd: A resolution Commending the Georgia Society, Children of the American Revolution and its State President, Jerome Brown Doster; and for other purposes.
HR 361. By Messrs. Richardson, Funk and Drew of the 116th, Gayner and Smith of the 114th, Kiley and Tye of the 115th, and Gignilliat and Powers of the 113th: A resolution expressing appreciation to Honorable Johnny Mercer; and for other purposes.
HR 365. By Messrs. Oglesby and Russell of the 92nd: A resolution requesting the Game and Fish Commission to take any appropriate action required to enable that Department to zone the State for the purpose of shooting doves; and for other purposes.

The House disagrees to the Senate substitute, to the following bill of the House to-wit:
HB 200. By Messrs. Hale, Abney and Snow of the 1st, Harris of the 85th, Howard of the 101st, Lee of the 79th and others:
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; to provide for certain exceptions and explanations from the educational requirements; and for other purposes.

The following resolutions were read and adopted:

SR 76. By Senator Moore of the 31st:
A resolution relative to the federal appropriation for the Special Milk Program for Children; and for other purposes.

TUESDAY, FEBRUARY 15, 1966

835

SR 86. By Senators Lee of the 47th and Minish of the 48th:
A resolution commending the members of the Governor's Commission on Efficiency and Improvement in Government; and for other purposes.

SR 88. By Senator Kidd of the 25th: A resolution commending the Honorable G. M. Kirk; and for other purposes.
SR 89. By Senator Downing of the 1st: A resolution commending Mrs. Harry 0. Jenkins; and for other pur poses.
SR 91. By Senator Johnson of the 38th: A resolution commending Pepper Rodges; and for other purposes.

SR 92. By Senator Owens of the 49th: A resolution commending Honorable Preston Ridlehuber; and for other purposes.
SR 94. By Senator Gillis of the 20th: A resolution commending Captain E. D. Mink; and for other purposes.

The following bills and resolutions were introduced, read the first time, and referred to committees:
HB 622. By Messrs. Mitchell, Smith and Leonard of the 3rd:
A bill to amend an act entitled "An Act to amend Code Chapter 91-8 pertaining to general provisions on inventory and sale of public prop erty . . .", so as to provide for the private sale, conveyance, transfer or other disposition of county property under certain conditions; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 658. By Mr. Stovall of the 17th:
A bill to amend an act creating a board of commissioners of roads and revenues for Banks County, so as to provide that all purchases of sup plies and materials for county purposes shall be purchased through a purchasing agent; and for other purposes.
Referred to Committee on County and Municipal Governments.

836

JOURNAL OF THE SENATE,

HB 671. By Mrs. Merritt of the 68th, and Mrs. Hamilton of the 137th:
A bill to amend an act creating the Georgia Art Commission, so as to expand the scope of the Georgia Art Commission to include performing arts; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 709. By Messrs. Carnes of the 129th, Adams of the 125th, Lambros of the 130th, Hawkins of the 139th, Lea of the 126th and others:
A bill to provide in all counties having a population of 500,000 or more a method of payment to judges of the Superior Court Emeritus who are requested to serve in such counties; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 722. By Messrs. Harris and Vaughan of the 14th:
A bill to provide that the ordinary of certain counties shall receive a salary in lieu of any other system of compensation; and for other pur poses.
Referred to Committee on County and Municipal Governments.

SR 90. By Senator Salome of the 36th:
A resolution creating an interim study committee on second mortgage lending institutions; and for other purposes.
Referred to Committee on Rules.

HB 723. By Messrs. Lovett and Knight of the 60th:
A bill to amend an act creating a new charter for the City of Dublin, so as to increase the maximum millage which may be levied by the City of Dublin; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 726. By Mr. Lambert of the 38th:
A bill to amend an act placing the clerk of the superior court, the sheriff, the ordinary, the tax collector and tax receiver of Morgan County upon an annual salary, so as to increase the compensation of the sheriff, the ordinary and the tax collector; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 731. By Messrs. Higginbotham, Westlake, Evensen and Bean of the 119th, Sims of the 131st, Adams of the 125th and others:
A bill to amend an act providing for a pension and retirement system for the officers and employees of certain cities, so as to change certain

TUESDAY, FEBRUARY 15, 1966

837

of the provisions relating to the eligibility of persons receiving benefits under such act to be reemployed or reappointed to any position in the government of such cities; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 732. By Messrs. Mitchell, Smith and Leonard of the 3rd:
A bill to amend an act approved February 24, 1874, incorporating the City of Dalton, so as to provide a comprehensive and unified pension plan for certain officers, firemen, policemen, employees of the Mayor and Council, and the various departments thereof; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 746. By Messrs. Harris and Smith of the 85th:
A bill to amend an act abolishing the fee system of the official court reporter of the Brunswick Judicial Circuit in felony cases and providing in lieu thereof a salary so as to provide for an assistant official court reporter; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 748. By Messrs. Howard of the 101st, Jordan of the 103rd, Wilson and Henderson of the 102nd:
A bill to amend an act creating a law library in certain counties, so as to increase the maximum fund authorized to be collected from Court cases to establish such libraries; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 749. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd and Wilson of the 102nd:
A bill consolidating the offices of tax collector and tax receiver of Cobb County, so as to change the compensation of the tax commissioner and the chief clerk of the tax commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 750. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd, Wilson and Henderson of the 102nd:
A bill to amend an act creating the Cobb Judicial Circuit, so as to change the compensation which the judges receive from Cobb County; and for other purposes.
Referred to Committee on County and Municipal Governments.

838

JOURNAL OF THE SENATE,

HB 751. By Messrs. Howard and McDaniell of the 101st, Wilson of the 102nd and Jordan of the 103rd:
A bill to amend an act changing the compensation of the clerk of the superior court, the sheriff and the ordinary of Cobb County, so as to change the compensation of the sheriff, chief deputy sheriff, the deputy sheriffs, chief investigator's office, clerk and deputy clerk of the superior court; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 754. By Messrs. Sherman and DeLong of the 105th, Fleming of the 106th and Snellings of the 104th:
A bill to amend an act providing a permanent county employees' pension fund for permanent employees of the Board of Commissioners of Roads and Revenues for Richmond County, so as to provide for certain optional additional benefits; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 760. By Messrs. Dixon and Sweat of the 83rd:
A bill to amend an act placing certain officers of Ware County on a salary system, so as to authorize the governing authority to allow the tax collector to receive commissions for collecting the taxes in excess of a certain percentage of the total taxes due; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 761. By Messrs. Dixon and Sweat of the 83rd:
A bill to amend an act creating a board of commissioners of roads and revenues of Ware County, so as to change the procedure relative to the publication of receipts and expenditures; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 762. By Messrs. Wilson and Henderson of the 102nd, McDaniell and Howard of the 101st and Jordan of the 103rd:
A bill to fix the compensation of the treasurers of all counties of this State having a population of not less than 100,000 nor more than 130,000; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 763. By Mr. Steis of the 100th:
A bill creating a Small Claims Court in Harris County; and for other purposes.
Referred to Committee on County and Municipal Governments.

TUESDAY, FEBRUARY 15, 1966

839

HB 765. By Messrs. Dean and Moore of the 20th:
A bill to amend an act incorporating the Town of Eockmart in the County of Polk, so as to change the date for holding elections for mayor and councilmen; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 153. By Messrs. Dollar and Conger of the 89th:
A resolution authorizing the Governor to execute a permanent easement in behalf of the State of Georgia over certain property located in Bainbridge State Park, Decatur County, Georgia, to the United States of America, to be used in connection with the Jim Woodruff Dam and Reservoir; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 156. By Mr. Russell of the 92nd:
A resolution authorizing the conveyance of a certain tract of State-owned property in Thomas County to Wade E. Freeman; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 321. By Mr. Clark of the 2nd:
A resolution proposing an amendment to the Constitution so as to create the Catoosa County Development Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 326. By Messrs. Dixon and Sweat of the 83rd:
A resolution proposing an amendment to the Constitution so as to clarify the provisions relative to the filling of vacancies on the Board of Education of Ware County and the appointment of the County School Superintendent by the Board; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 327. By Messrs. Henderson and Wilson of the 102nd, McDaniell and Howard of the 101st, and Jordan of the 103rd:
A resolution proposing an amendment to the Constitution so as to authorize Cobb County to install, construct, extend, repair and improve sidewalks in the incorporated areas and unincorporated areas of Cobb County and to issue general obligation bonds in order to finance said projects; and for other purposes.
Referred to Committee on County and Municipal Governments.

The following bills and resolutions were read the second time:

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JOURNAL OF THE SENATE,

SB 239. By Senator Logging of the 53rd:
A bill to amend an Act placing the Sheriff of the Superior Court of Chattooga County upon an annual salary so as to change the compensa tion of deputy sheriffs and jailers; to provide that the jailer shall act as clerk for the sheriff's office and shall keep records; and for other purposes.

SB 240. By Senator Kendrick of the 32nd:
A bill to amend the Unemployment Compensation Law, now called the Employment Security Law, by providing that no individual shall be deprived of benefits by the Act of an unauthorized agent; and for other purposes.

SB 241. By Senator Johnson of the 38th:
A bill to amend an Act relating to education so as to provide the inclusion of courses encompassing the history of the Negro race in curriculums of Georgia schools; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.

SB 242. By Senators Johnson of the 38th and Salome of the 36th:
A bill providing for pensions for members of police departments in cities having a certain population so as to provide for retirement as a matter of right after 20 years active service without regard to age; and for other purposes.

SR 83. By Senators Lee of the 47th and Loggins of the 53rd:
A resolution authorizing the disposal of that tract of land on which is presently located the Governor's mansion; and for other purposes.

SR 87. By Senator Ballew of the 50th:
A resolution authorizing the execution of a license agreement con veying water rights from Black Rock Mountain State Park to Mrs. Jane T. Williams, Mr. John M. Haddock, Jr., and Mrs. Nesbet Grizzard, in consideration for their conveying 3.8 acres of real property to the Georgia Department of State Parks; and for other purposes.

HB 557. By Messrs. Egan of the 141st, Maddox of the 8th, Watkins of the 9th, Townsend of the 140th, Smith of the 114th and others:
A bill to repeal Code chapter 59-4, relating to the Requirement that grand juries inspect every orphanage, sanitarium, and all other similar facilities located within the county; and for other purposes.

TUESDAY, FEBRUARY 15, 1966

841

HB 618. By Messrs. Drew of the 116th, Kiley and Tye of the 115th, Gayner and Smith of the 114th, Gignilliat and Powers of the 113th and others:
A bill to amend Code section 88-202, relating to the composition of the county boards of health, so as to provide for the manner of appointing certain members of county boards of health; and for other purposes.

HB 700. By Messrs. Melton and Gaissert of the 34th:
A bill authorizing and fixing the salaries and compensation of the Commissioners of Roads and Revenues of Spalding County, so as to fix the compensation of the chairman and members; and for other pur poses.
HB 704. By Mr. Collins of the 62nd:
A bill to amend an act creating a new charter for the City of Vidalia, so as to change the corporate limits of said City of Vidalia; and for other purposes.
HB 705. By Messrs. Lee, Gary and Harrell of the 35th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Clayton County, so that the vice chairman of said commission shall have the authority and duty of the chairman when the chairman shall be temporarily absent from the county; and for other purposes.
HB 706. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd, Henderson and Wilson of the 102nd:
A bill to amend an act creating a new charter for the City of Smyrna, so as to increase the corporate limits; and for other purposes.

HB 707. By Messrs. Harrell, Lee and Gary of the 35th:
A bill to amend an act of the General Assembly approved March 7, 1955, so as to provide that said Clayton County Water Authority will have the right of eminent domain and to further define the powers and duties of said board; and for other purposes.

HB 708. By Messrs. Malone, Palmer, Carley and Vaughn of the 117th:
A bill to amend an act creating a new charter for the City of Chamblee, so as to change the date on which taxes are due; and for other purposes.

HB 710. By Mr. Doster of the 73rd:
A bill to amend an act creating a new charter for the City of Lumber City, so as to change the hours for which the polls shall remain open on election days; to provide for voting machines; and for other purposes.

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HB 711. By Mr. Jones of the 76th:
A bill to amend an act incorporating the City of Riceboro, so as to change the date on which municipal elections are conducted; and for other purposes.

HB 712. By Mr. Jones of the 76th:
A bill to amend an act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to authorize the sale of distilled spirits or alcoholic beverages for beverage purposes on the premises in certain counties and municipalities; and for other purposes.

HB 713. By Mr. Steis of the 100th:
A bill to provide a new charter for the Town of Geneva; and for other purposes.

HB 717. By Messrs. Sherman of the 105th, Simkins of the 106th, Snellings of the 104th, Fleming of the 106th and DeLong of the 105th:
A bill to amend the charter of the City of Augusta, so as to provide an alternative form of retirement pension authorizing a permanent employee to receive a reduced pension for his lifetime in consideration of the payment to his spouse after his death of a pension equal to one-half the employee's reduced pension; and for other purposes.

HB 718. By Messrs. Sherman of the 105th, Simkins of the 106th, Snellings of the 104th, Fleming of the 106th and DeLong of the 105th:
A bill to amend the charter of the City of Augusta so as to provide a further alternative form of retirement allowance; and for other pur poses.

HR 319. By Mr. Anderson of the 71st:
A resolution proposing an amendment to the Constitution so as to create the Bleckley-Cochran Industrial Development Authority; and for other purposes.

HR 320. By Messrs. Story and Watson of the 22nd:
A resolution proposing an amendment to the Constitution so as to create a five-member Board of Commissioners of Roads and Revenues for Gwinnett County and to provide for a county manager form of gov ernment, and for other purposes.

TUESDAY, FEBRUARY 15, 1966

843

HB 745. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th, Snellings and Hull of the 104th:
A bill to establish and create the office of Building Inspector for Richmond County; and for other purposes.

HB 755. By Mr. Conner of the 91st:
A bill to amend an act creating a board of commissioners of roads and revenues for Bacon County, so as to change the compensation of the chairmen; and for other purposes.

HB 756. By Mr. Conner of the 91st:
A bill to enable Bacon County and the City of Alma to establish a joint planning commission to make and amend on overall plan, and to other wise promote the orderly growth and development of the county and city; and for other purposes.

HB 757. By Mr. Conner of the 91st:
A bill to create and incorporate the City of Denton, in the County of Jeff Davis, and grant a charter to that municipality under that name and style; and for other purposes.

HR 316. By Mr. Anderson of the 71st:
A resolution proposing an amendment to the Constitution so as to create the -Pulaski County-Hawkinsville Development Authority, and for other purposes.

HB 740. By Messrs. Fleming and Simkins of the 106th, DeLong and Sherman of the 105th, Snellings and Hull of the 104th:
A bill to amend an act placing certain officers of certain counties on a salary in lieu of the fee system, so as to change the maximum compen sation to be paid certain employees of certain officers in such counties; and for other purposes.

HB 741. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th, Snellings and Hull of the 104th:
A bill to amend an act providing for assistants in the office of the solicitor-general of certain counties, so as to change the compensation of the stenographer-clerks of said court in such counties; and for other purposes.

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HB 742. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th, Snellings and Hull of the 104th:
A bill to amend an act providing for the appointment of a secretary to serve the judges of the city courts in certain counties, so as to change the compensation of the secretary in such counties; and for other pur poses.

HB 743. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th, Snellings and Hull of the 104th:
A bill to amend an act providing for the appointment of a clerk for the office of solicitor of the city court of certain counties, so as to change the compensation of the clerk in such counties; and for other purposes.

HB 744. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th, Snellings and Hull of the 104th:
A bill to amend an act providing for the appointment of an assistant solicitor of the city court of certain counties, so as to change the compensation of the assistant solicitor in such counties; and for other purposes.
HB 735. By Mr. Bagby of the 21st:
A bill to amend an act creating the office of tax commissioner of Paulding County, so as to change the compensation of the tax com missioner; and for other purposes.

HB 736. By Mr. Thomas of the 77th:
A bill to place the ordinary of Wayne County on a salary system in lieu of a fee system; and for other purposes.

HB 737. By Mr. Thomas of the 77th:
A bill to place the tax commissioner of Wayne County on a salary basis in lieu of a fee system; and for other purposes.

HB 738. By Mr. Thomas of the 77th:
A bill to amend an act incorporating and creating a new charter for the City of Jesup in Wayne County, so as to change the corporate limits; and for other purposes.

HB 739. By Messrs. Fleming and Simkins of the 106th, Snellings and Hull of the 104th, and Sherman of the 105th:
A bill to provide for the appointment of and the salary for an Executive Secretary and Calendar Clerk to the Judge or Judges presiding in civil

TUESDAY, FEBRUARY 15, 1966

845

matters, as distinguished from domestic relations and criminal matters, of the Superior Courts in counties having a population of not less than 135,000 nor more than 140,000; and for other purposes.

HB 719. By Messrs. Sherman of the 105th, Simkins of the 106th, Snellings of the 104th, Fleming of the 106th and DeLong of the 105th:
A bill to amend the charter of the City of Augusta, relating to reduced pensions; and for other purposes.

HB 720. By Messrs. Story and Watson of the 22nd:
A bill to amend an act creating a new charter for the City of Norcross, so as to change the compensation of the Mayor, Mayor pro-tern, and councilmen; and for other purposes.

HB 721. By Messrs. Story and Watson of the 22nd:
A bill to amend an act creating a Board of County Commissioners of Gwinnett County, so as to change the compensation of County Com missioners; and for other purposes.

HB 703. By Mr. Mixon of the 81st: A bill to amend an act incorporating the City of Ocilla, so as to provide that candidates for mayor and councilmen must receive a majority of the votes cast; and for other purposes.
HB 734. By Mr. Bagby of the 21st: A bill creating a new Charter for the City of Dallas, so as to provide for the establishment of a recorder's court, create the office of recorder and provide for the jurisdiction of such office and the powers, duties, appointment, removal and compensation of the recorder; and for other purposes.
HB 244. By Mr. Hull of the 104th: A bill to amend the Appellate Procedure Act of 1965, so as to redefine the rules relating to the necessity of filing motions for new trial and judgment notwithstanding the verdict; and for other purposes.
HB 264. By Mr. Etheridge of the 123rd: A bill to amend Code section 30-202, relating to proceedings to obtain temporary alimony, so as to provide that in cases when an application

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JOURNAL OF THE SENATE,

for temporary alimony shall be made in which the wife shall state that either she or the minor children are wholly dependent on the husband or father for support, the judge shall set the application for hearing not less than 3 nor more than 30 days from the date the same is presented to him; and for other purposes.

HB 300. By Mr. Matthews of the 94th:
A bill to amend Code section 34-1317, relating to assistance to electors a person shall assist in any primary or election, so as to change the number of electors a person shall assist in any primary or election; and for other purposes.
HB 342. By Messrs. Story and Watson of the 22nd, Lambert of the 38th, Paris of the 23rd and Steis of the 100th:
A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", so as to provide certain requirements for vehicles tran sporting explosives; and for other purposes.

HB 488. By Messrs. Newton of the 94th, Lowrey of the 13th, Collins of the 88th, Reaves of the 99th and Herndon of the 74th:
A bill to be entitled "Department of Agricultural Registration, License and Permit Act"; to require persons applying to the Department of Agriculture for the State of Georgia for registration, to designate a place where the applicant may be personally served with legal process; and for other purposes.
HB 560. By Messrs. Newton of the 94th, Marshall of the 39th and Lowrey of the 13th:
A bill to amend an act known as the "Georgia Biological Permit Act", by striking the entire act and enacting in lieu thereof an act to be known as the "Georgia Biologicals Permit Act of 1966"; and for other purposes.
HB 647. By Mr. Conner of the 91st:
A bill to amend Code Chapter 56-15, relating to the organization and corporate procedures of domestic stock and mutual insurers, so as to provide that no person shall sell any subscriptions for insurance securi ties in this State unless the insurer has applied for, received and holds authority to transact insurance in the State of Georgia from the In surance Commissioner; and for other purposes.

HB 657. By Mr. Barber of the 24th, Wiggins of the 32nd, Floyd of the 7th, Moore of the 20th and others:
A bill to provide for equal pay for both males and females for com parable work on jobs which have comparable requirements relating to

TUESDAY, FEBRUARY 15, 1966

847

skill, effort and responsibility; to provide for a declaration of policy; and for other purposes.

HB 659. By Mr. Moore of the 20th:
A bill declaring teaching a profession with all the rights, responsibilities and privileges accorded other legally recognized professions; and for other purposes.
HB 500. By Messrs. Matthews of the 94th and Overby of the 16th:
A bill to provide a supplemental appropriation of additional funds which are otherwise available to the Department of Labor for the purpose of providing suitable offices for use by the Employment Security Agency in the Department of Labor for the procurement of lands and business thereof; and for other purposes.

HB 524. By Mr. Lewis of the 50th:
A bill to amend Code section 85-1303, relating to the definition of navigable streams, so as to redefine navigable streams for the purpose of determining fishing rights; and for other purposes.

HB 566. By Messrs. Dailey of the 66th, Odom of the 79th, Reid of the 32nd and Murphy of the 26th:
A bill to amend an act which comprehensively and exhaustively revised, superseded and consolidated the laws relating to the State Board of Corrections and to prisons, so as to change the salary of the Director of Corrections; and for other purposes.

HB 553. By Messrs. Pulford of the 67th, Newton of the 94th and Palmer of the 117th:
A bill to amend Code chapter 84-12, relating to establishing the State Board of Osteopathie Examiners; and for other purposes.

HB 601. By Messrs. Westlake, Evensen, Higginbotham and Bean of the 119th:
A bill to amend Code chapter 105-6 relating to physical injuries, so as to provide for immunity from civil liability for any person who shall in good faith render assistance to any law enforcement officer who is being hindered or whose life is being endangered by the conduct of any other person; and for other purposes.

HB 651. By Messrs. Steis of the 100th, Floyd of the 7th, Knight of the 60th, Stalnaker of the 59th, Hawkins of the 139th and others:
A bill to amend an act creating a State Department of Veterans Service providing for a Board of Veterans Service which shall be

848

JOURNAL OF THE SENATE,

authorized to apply for, accept gifts, grants and other contributions from the Federal Government; and for other purposes.

HB 642. By Mr. Harris of the 118th:
A bill to amend an act known as the "Georgia Administrative Procedure Act", so as to change the cross-reference referring to Section 14 (d) as the same appears in subsection (b) of Section 18, so that said cross-reference shall refer to Section 14 (a) (4); and for other pur poses.

HB 602. By Messrs. Westlake, Evensen and Bean of the 119th:
A bill to amend Code chapter 27-2, relating to arrests, so as to provide for immunity from criminal prosecution for any person who shall in good faith render assistance to any law enforcement officer who is being hindered or whose life is being endangered by the conduct of any other person or persons; and for other purposes.

HB 677. By Messrs. Steis of the 100th and Minge of the 13th:
A bill to amend an act reorganizing the State Department of Law, so as to provide for the reimbursement of the Attorney General for expense incurred in the performance of his duties; and for other purposes.

HB 241. By Mr. Melton of the 34th:
A bill to amend an act creating the Georgia Education Improvement Council, so as to provide for the payment of per diem and reimbursement of expenses of the chairman of the State Board of Education and the Board of Regents when in attendance at meetings of the Council; and for other purposes.

HB 262. By Mr. Etheridge of the 123rd:
A bill to amend Code section 30-105, relating to petition, process and rules of pleadings in divorce cases, so as to provide the information that must be contained in the petition; and for other purposes.

HB 271. By Mr. Overby of the 16th:
A bill to amend Section 92-6216, relating to the oath of persons making returns of taxable property, so as to provide that copies of the tax returns of the owner of any property, upon certification as true and cor rect, shall be received in evidence in any court of this State as to any issue before such court concerning the value of the property; and for other purposes.

TUESDAY, FEBRUARY IB, 1966

849

HB 464. By Messrs. Simkins of the 106th, Sherman of the 105th and Snellings, of the 104th:
A bill to amend Code section 26-2625, relating to punishment for larceny, so as to change the punishment for certain larcenies when the value of the goods taken exceeds a certain amount; and for other puroposes.

HB 509. By Messrs. Smith of the 3rd, Steis of the 100th, Jones of the 112th, Hawkins of the 139th, Smith of the 114th and others:
A bill to be known as the "Water Resources and Planning Act"; to provide a statement of policy and the intent of said act; to create with in the executive branch of Government the Georgia Department of Water Resources; and for other purposes.

HB 379. By Messrs. Barber of the 24th, Carnes of the 129th, Dillon of the 128th Adams of the 125th and others:
A bill to amend an act to establish a retirement system for aged and incapacitated teachers, to provide that any person who was granted an Official Military Leave to do or perform duties with the Armed Forces may receive prior service credit for such period of time for retirement purposes; and for other purposes.

Mr. Kidd of the 25th District Chairman of the Committee on Defense and Veterans Affairs submitted the following report:
Mr. President:
Your Committee on Defense and Veterans Affairs has had under consideration the following bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 138. Do Pass. Respectfully submitted, Kidd of 25th District, Chairman.

Mr. Smalley of the 28th District Chairman of the Committee on Judiciary submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bill of the House and has instructed me as Chairman, to report the same back to the

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JOURNAL OF THE SENATE,

Senate with the following recommendations: HB 140. Do Pass.

Respectfully submitted, Smalley of 28th District, Chairman.

Mr. Fincher of the 51st District Chairman of the Committee on Health and Welfare submited the following report:
Mr. President:
Your Committee on Health and Welfare has had under consideration the following bills of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 47. Do Not Pass. HB 113, Do Pass. SB 176. Do Pass. HB 551. Do Pass. HB 321. Do Pass. HB 220. Do Pass.
Respectfully submitted, Fincher of 51st District, Chairman.

Mr. Plunkett of the 30th District Chairman of the Committee on Retirement submitted the following report:
Mr. President:
Your Committee on Retirement 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 519. Do Pass.
Respectfully submitted, Plunkett of 30th District, Chairman.

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851

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 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 10. Do Not Pass. SB 210. Do Pass as Amended. HB 344. Do Pass. HB 558. Do Pass. HB 39. Do Pass.
Respectfully submitted, Plunkett of 30th District, Chairman.

Mr. Gillis of the 20th District Chairman of the Committee on Appropriations submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 664. Do Pass. HB 691. Do Pass. SR 74. Do Pass. HR 26. Do Pass. HR 96. Do Pass. HR 12. Do Pass. HR 23. Do Pass. HR 63. Do Pass. HR 64. Do Pass. HR 71. Do Pass. HR 95. Do Pass. HR 13. Do Pass. HR 181. Do Pass.

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HR 72. Do Pass. HR 79. Do Pass. HR 11. Do Pass. HR 27. Do Pass. HR 86. Do Pass. HR 125. Do Pass. HR 168. Do Pass. HR 169. Do Pass. HR 170. Do Pass. HR 172. Do Pass. HR 174. Do Pass. HR 175. Do Pass. HR 176. Do Pass. HR 41. Do Pass. HR 45. Do Pass. HR 47. Do Pass. HR 48. Do Pass. HR 51. Do Pass. HR 55. Do Pass. HR 93. Do Pass. HR 94. Do Pass. HR 162. Do Pass. HR 177. Do Pass. HR 184. Do Pass. HR 189. Do Pass. HR 192. Do Pass. HR 208. Do Pass. HR 212. Do Pass. HR 227. Do Pass. HR 229. Do Pass. HR 230. Do Pass. HR 231. Do Pass. HR 249. Do Pass. HR 251. Do Pass.

TUESDAY, FEBRUARY 15, 1966

853

HR 252. Do Pass. HR 259. Do Pass. HR 260. 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 Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 189. Do Pass. HB 14. Do Pass as Amended. HB 15. Do Pass. HB 206. Do Pass. HB 301. Do Pass as Amended. HB 322. Do Pass. HB 337. Do Pass. HB 387. Do Pass. HB 388. Do Pass.
Respectfully submitted, Johnson of 42nd District, Chairman.
Mr. Carter of the 14th District Chairman of the Committee on Educational Matters submitted the following report:
Mr. President:
Your Committee on Educational Matters has had under consideration the following bill and resolution of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 292. Do Pass.

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JOURNAL OF THE SENATE,

HR 34. Do Pass.

Respectfully submitted, Carter of 14th 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 resolutions of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the fol lowing recommendations:
SB 236. Do Pass by Substitute. SR 47. Do Pass. HB 276. Do Pass. HB 277. Do Pass. HB 356. Do Pass. HB 523. Do Pass. HB 526. Do Pass. HB 625. Do Pass. HB 641. Do Pass. HB 687. Do Pass. HR 114. Do Pass. HR 117. Do Pass. HR 200. Do Pass as Amended. HR 164. Do Pass as Amended.
Respectfully submitted, Downing of 1st District, Chairman.

Mr. Yancey of the 33rd District Secretary of the Committee on Judiciary submitted the following report:
Mr. President:
Your Committee Judiciary has had under consideration the following bills

TUESDAY, FEBRUARY 15, 1966

855

of the Senate and House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SB 214. Do Pass. SB 169. Do Pass by Substitute. HB 28. Do Pass. HB 29. Do Pass. HB 306. Do Pass.
Respectfully submitted, Young of 33rd District, Secretary.

The following bill of the House was taken up for the purpose of considering House action thereto:
HB 200. By Messrs. Hale, Abney and Snow of the 1st, Harris of the 85th, Howard of the 101st, Lee of the 79th and others:
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; to provide for certain exceptions and exemptions from the educational requirements; and for other purposes.

Senator Smalley of the 28th moved that the Senate insist on its position on HB 200.
On the motion, the ayes were 29, nays 0, and the motion prevailed.

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

SR 64. By Senators Wesberry of the 37th, Sanders of the 41st, Coggin of the 35th and others:
A resolution to establish a local government commission in Atlanta, Pulton and DeKalb Counties, to study the governments of Fulton and DeKalb Counties and the municipalities located wholly or partly within for the purpose of improving local governments; and for other purposes.

The Committee on County and Municipal Governments offered the following substitute:

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JOURNAL OF THE SENATE,

SR 64. By Senators Wesberry of the 37th, Johnson of the 38th, and Maclntyre of the 40th:
A RESOLUTION

To establish a local Government Commission in Atlanta and Fulton County to study the governments of Fulton County and the municipalities located wholly or partly therein for the purpose of improving local governments and providing greater efficiency and economy; to provide that said Commission may draft a plan or plans for such improvements to the Governments of Fulton County and the City of Atlanta and alternate plans and submit same to members of the General Assembly from Fulton County; to provide for the organization of said Commission; to provide for the publication of said plan or plans; to provide for ap propriations of funds from the City of Atlanta and Fulton County for the operation of the Commission; to provide for authority to accept donations and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA and it is hereby resolved by the authority of the same as follows:
Section 1. There is hereby created in Fulton County and the City of Atlanta a Commission to study the problems of local govern ments therein and in the municipalities wholly or partly therein. Said Commission shall be known as the Local Government Commission of Fulton County hereinafter referred to as the "Commission". The said Commission shall be composed of eighteen (18) members, including two members from each State Senatorial District lying within Fulton Coun ty and two members from that portion of the City of Atlanta lying within DeKalb County, one member at large appointed by the Mayor of Atlanta and one member at large appointed by the Chairman of the Board of Commissioners of Roads & Revenues of Fulton County. One member from each State Senatorial District from Fulton County shall be appointed by each State Senator representing a district within the county. One member from each State Senatorial District from Fulton County shall be appointed by the House members from Fulton County. One member from that portion of the City of Atlanta lying within De Kalb County shall be appointed by the State Senator from DeKalb County and the other member from the same area shall be appointed by the House members from DeKalb County. In the event that any members of the Commission shall not be appointed by the time of the first meeting of the Commission, such positions shall be filled in the manner provided herein for the filling of any vacancy or vacancies.

Section 2. In the event one or more of the citizens appointed to serve on said Commission fails or refuses to serve, such fact shall not invalidate the acts of the Commission. If any member or members ap pointed to serve from Fulton County fails or refuses to serve, the remaining members of the Commission from Fulton County shall elect by a majority vote a citizen or citizens of Fulton County to fill the vacancy or vacancies. If any member or members appointed to serve from DeKalb County fails or refuses to serve, the remaining members of the Commission from DeKalb County shall elect by a majority vote a citizen or citizens of DeKalb County to fill the vacancy or vacancies.

TUESDAY, FEBRUARY 15, 1966

857

A majority of the persons serving as members of the Commission shall constitute a quorum to do business but a less number may adjourn from time to time. The Commission shall elect a Chairman, who shall be a resident of Fulton County, a Vice-Chairman, who shall be a resident of DeKalb County, and a Secretary-Treasurer from its membership. The Commission shall adopt, from time to time, such rules, regulations and modes of procedure as it deems expedient for the orderly dispatch of its business. The Commission shall keep minutes and records of its meetings. A monthly statement of all disbursements of the funds here inafter provided, properly vouched for, shall be furnished to the govern ments of Fulton County and the City of Atlanta. The first meeting of the Commission shall be held in the courthouse of Fulton County at 10:00 o'clock A.M. on Thursday, the first day of April, 1966. The Mayor and Board of Aldermen of the City of Atlanta or the Board of Com missioners of Roads and Revenues of Fulton County upon application by the Commission shall provide suitable office space and meeting rooms for the Commission.
Section 3. It shall be the function and duty of said Commission:

1. To make a thorough and sifting study of the existing govern mental and departmental structures of Fulton County, the City of At lanta, and all other municipalities located wholly or partly in Fulton County;
2. To determine and analyze population patterns and other trends bearing upon the demands and requirements which must be met by said governments;
3. To explore any and all ways and means by which the needs of the people coming under the jurisdiction of any one or more of said governments may be met with the maximum degree of efficiency and economy;
4. To consider what further consolidations, mergers, or changes in organization, structure, responsibility or function of, or in and among, any one or more of said governments and/or with respect to any one or more departments of said governments, could and should be effected in the best interests of the people involved;
5. To determine what, if any, further expansions, extensions, or other changes in territorial boundaries between or among any one or more of said governments should be made;
6. To investigate and determine the most economical manner of providing services of local government in the area;

7. To consider revision and modernization of the form of govern ment of the City of Atlanta, Fulton County and other local govern ments, including a special study of the size and effectiveness of the Atlanta Board of Aldermen and the Board of Commissioners of Roads and Revenues of Fulton County.
8. To submit to the General Assembly of the State of Georgia, as hereinafter provided, a comprehensive report or reports embodying said Commission's findings and recommendations as herein contemplated.

858

JOURNAL OF THE SENATE,

Section 4. The said Commission shall have the power and authority to hold public hearings. In making such study the Commission is au thorized to call upon the State of Georgia or any of its agencies or institutions for any aid or assistance which can be rendered it, and to call upon the various departments of the counties and municipalities, in cluding the law departments for such assistance. Said Commission may employ such special, technical and clerical assistance, as may be neces sary to assemble the required data and information, to analyze the same and draft the plan or plans for submission of said plan or plans to the General Assembly as hereinafter provided. The Commission is authorized to enter into a contract with persons or agencies for providing any or all of the data and information required in carrying out the purposes of the Commission.

Section 5. The official report or reports, when signed by a ma jority of said Commission shall be filed by said Commission with the Representatives and Senators of Pulton and DeKalb Counties and with the City Clerk of the City of Atlanta on or before the first day of the next session of the General Assembly following January 1, 1967. The Commission shall provide for the publication of a reasonable number of copies of its report or reports for distribution.

Section 6. There is hereby appropriated out of the Fulton County funds derived from sources other than taxes, the sum of twelve thousand five hundred dollars and out of the fund of the City of Atlanta the sum of twelve thousand five hundred dollars for the purpose of carrying out the purposes of this Resolution, which are declared to be administrative functions of county and municipal government. Forty per centum of said amounts shall be paid over to said Commission as soon as said Commission has formally organized as herein provided and has made request for same. Requisitions for additional amounts up to the total amounts hereby appropriated shall be signed by the Chairmen and the Secretary-Treasurer of said Commission and shall be paid by the official in charge of county or city funds. All books and records of the Com mission shall be subject to audit by the independent auditors of the local governments in connection with their annual examinations.

Section 7. The Commission is authorized to accept donations in any form from any source and use the same in any way the Com mission may deem advisable to effectuate the aims and purposes of the Commission.
Section 8. It is hereby found, determined and declared that the creation of the Commission and the carrying out of its purpose is in all respects for the benefit of the people of the City of Atlanta, Fulton County, and municipalities located wholly or partly therein and is a public purpose and the Commission will be performing an essential governmental function in the exercise of the power conferred upon it by this Resolution.
Section 9. This Resolution, being for the welfare of the citizens of Fulton County, the City of Atlanta and other municipalities wholly or partly within Fulton County, shall be liberally construed to effect the purposes thereof.

TUESDAY, FEBRUARY 15, 1966

859

Section 10. The provisions of this Resolution are severable and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.

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.
SR 73. By Senators Wesberry of the 37th and Johnson of the 38th: A resolution to re-establish a Local Education Commission in Atlanta and Fulton 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 91. By Messrs. Richardson of the 116th, Powers of the 113th, Gaynor of the 114th and others:
A bill to amend an act revising and consolidating the several acts relating to and incorporating the Town of Warsaw in Chatham County, and changing name to the Town of Thunderbolt; relating to municipal elections and polls; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.

860

JOURNAL OF THE SENATE,

HB 132. By Messrs. Longino of the 122nd, Gates of the 123rd, Sims of the 131st, Games of the 129th and others:
A bill to provide a new charter for the City of Palmetto in Fulton and Coweta 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 158. By Mr. Harrison of the 98th: A bill to amend an act revising, consolidating and superseding the laws of this State relative to game and fish, so as to prohibit any fishing for shrimp, crab or fish in any waters of St. Andrews Sound and Cumberland Sound with power drawn nets during certain periods of the year; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 159. By Mr. Harrison of the 98th: A bill to amend an act creating a new city charter and municipal government for the City of St. Marys, so as to authorize the govern ing authority to execute deeds to secure debt and security deed notes encumbering city-owned real property as security for money loaned to 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 28, nays 0.

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

TUESDAY, FEBRUARY 15, 1966

861

HB 227. By Mr. Pafford of the 97th:
A bill to repeal an act establish the County Court of Atkinson County Court of Atkinson County, so as to provide for a referendum; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

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

HB 276. By Mr. Ployd of the 7th:
A bill to amend an act placing the sheriff of the superior court of Chattooga County on a salary system, 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.

The report 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. Ployd of the 7th: A bill to amend an act placing the clerk of the Superior Court of Chattooga County on a salary, so as to provide that the clerk of the superior court shall not receive any compensation for his services as ex-officio clerk of the City Court of Chattooga 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.

362

JOURNAL OF THE SENATE,

HB 385. By Messrs. Matthews and Bedgood of the 29th:
A bill to amend an act relating to the licensing of warm air heating contractors, so as to provide that certain counties shall come within the terms and provisions of 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 407. By Mr. Jones of the 76th: A bill to amend an act placing the clerk of the superior court, the sheriff and the tax commissioner of Mclntosh County upon an annual salary, so as to allow the clerk of the superior court to retain certain fees authorized for certain of his services; 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 458. By Mr. Irvin of the llth: A bill to amend an act establishing the city court of Habersham County, so as to change the compensation 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.

TUESDAY, FEBRUARY 15, 1966

863

HB 482. By Mr. Black of the 56th:
A bill to fix the compensation of the clerk of the commissioners of roads and revenues of all counties having a certain population, to provide that such compensation shall be paid from county funds by the governing authorities of such 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 483. By Mr. Black of the 56th:
A bill to amend an act abolishing the office of tax collector and tax receiver and creating the office of tax commissioner in their stead, so as to change the compensation of the tax commissioner of Chatthoochee 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 485. By Mr. Black of the 56th:
A bill to provide that in all counties of this State having a certain population, the ordinaries of such counties shall be compensated on a salary basis 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 490. By Messrs. Bedgood and Matthews of the 29th:
A bill to place the sheriff of Clarke County upon an annual salary; and for other purposes.

864

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 492. By Messrs. Matthews and Bedgood of the 29th:
A bill to amend an act relating to the charter of the Town of Athens, so as to authorize the appointment of Deputy Registrars; and for other purposes.

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

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

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

HB 493. By Messrs. Matthews and Bedgood of the 29th:
A bill to fix the compensation of the treasurer of Clarke County; and for other purposes.

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

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

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

HB 523. By Messrs. Howard and McDaniell of the 101st, Henderson and Wilson of the 102nd:
A bill creating a new charter for the City of Smyrna, so as to increase the corporate limits; and for other purposes.

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

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

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

TUESDAY, FEBRUARY 15, 1966

865

HB 526. By Messrs. Bean, Evensen, Westlake and Higginbotham, Carley, Malone, Palmer and Vaughn of the 117th and others of the 118th:
A bill to amend an act creating and establishing in DeKalb County districts from which the members of the County Board of Education shall be elected, so as to redefine the school board 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 0.

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

HB 529. By Messrs. Vaughn, Malone, Palmer and Carley of the 117th, Westlake, Higginbotham, Bean and Evensen of the 119th and others of the 118th: A bill to amend Code Section 92-6402, providing for the payment of taxes in two installments in counties having a population of not less than 250,000 and not more than 500,000; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 537. By Messrs. Dorminy of the 72nd, Bowen of the 69th, Doster of the 73rd and Rainey of the 69th: A bill to place the solicitor general of the Cordele Judicial Circuit 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 33, nays 0.

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

866

JOURNAL OF THE SENATE,

HB 540. By Messrs. Matthews and Bedgood of the 29th:
A bill to amend an act creating the Clarke County School District and providing for a board of education therefor, so as to increase the membership of the board of education; and for other purposes.

Senator Broun of the 46th offered the following amendment:
Amend HB 540 by strinking the period at the end of the quoted paragraph of
Section 2 and inserting in lieu thereof the following:
"until the expiration of at least one year."
On the adoption of the amendment, the ayes were 28, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 556. By Messrs. Wilson and Henderson of the 102nd, Howard and McDaniell of the 101st and Jordan of the 103rd: A bill to amend an act placing the clerk of the superior court, the sheriff and the ordinary of Cobb County upon an annual salary, so as to provide for a minimum salary for 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 580. By Mr. Dickinson of the 27th: A bill to create within Douglas County a board to administer programs of retirement and/or employment for the employees of Douglas County; and for other purposes.

TUESDAY, FEBRUARY 15, 1966

867

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

On the passage of the bill, the ayes were 33, nays 0.

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

HB 581. By Mr. Dickinson of the 27th: A bill to create a development authority for the City of Douglasville and Douglas County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill. was agreed to.
On the passage of the bill, the ayes were 28, nays 0.

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

HB 582. By Mr. Dickinson of the 27th: 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, so as to change the compensation of the clerk of the superior court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.

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

HB 586. By Mr. Smith of the 44th: A bill to amend an act prescribing the time for holding the Superior Court of Lamar County, so as to change the time for holding said Court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

868

JOURNAL OP 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 588. By Mr. Harris of the 85th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Glynn County, so as to authorize said Commissioners to license and regulate business in unincorporated areas 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 28, nays 0.

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

HB 589. By Mr. Johnson of the 40th: A bill to amend an act placing the county officers of McDuffie County upon an annual salary, so as to increase the expense allowance au thorized for the sheriff for the purpose of hiring 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.

HB 592. By Messrs. Peterson and Stalnaker of the 59th: A bill to amend an act creating a new charter for the City of Perry, so as to increase the maximum compensation authorized for 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 33, nays 0.

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

TUESDAY, FEBRUARY 15, 1966

869

HB 593. By Messrs. Peterson and Stalnaker of the 59th:
A bill to abolish the present mode of compensating the coroner of Houston 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 356. By Messrs. McClatchey of the 138th, Brown of the 120th, Longino of the 122nd; Lambros of the 130th and others:
A bill to amend the act approved August 20, 1927 to provide that cities having a population of more than 150,000 shall furnish pensions to all officers and employees of such cities, so as to provide additional pension benefits to former officers and employees who have been awarded pensions under the terms of this act; and for other purposes.

The Committee on County and Municipal Governments offered the following amendment:
Amend HB 356 by striking from the title the words "to repeal con flicting laws;" and inserting in lieu thereof the following:
"to provide additional pension benefits; to provide for the the extension of the time for making application for certain credits; to provide an effective date; to repeal conflicting laws;".
By adding a new sentence at the end of Section 1 to read as fol lows:
"The additional benefits provided by this section shall be limited to eligible persons who are more than sixty-five years of age or who may hereafter attain that age."
By striking Section 2 in its entirety and inserting in lieu thereof a new Section 2, to read as follows:
"Section 2. By striking Section 2 of an Act approved April 8, 1965 (Ga. Laws 1965, p. 3399), which was an amendment to the Act set forth in the caption to this Act, and enacting in lieu there of the following:
'Section 2. Any person entitled to the credits for service herein authorized shall make application for the credit within the period of time from the date of the approval of this Act until June 30, 1966.' "

870

JOURNAL OF THE SENATE,

By striking Section 3 in its entirety and inserting in lieu thereof a new Section 3, to read as follows:

"Section 3. The provisions of this Act shall become effective on the first day of the month following its approval by the Governor or its otherwise becoming law."

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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 600. By Mr. Alien of the 93rd: A bill to amend an act placing the clerk of the superior court of Tift County upon an annual salary, so as to allow for the disposition of certain fees and commissions of the clerk of the superior court earned prior to the effective date of 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 33, nays 0.

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

HB 604. By Mr. Mixon of the 81st: A bill to amend an act creating a new charter for the City of Ashburn, so as to number the positions on the council for election purposes; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

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

TUESDAY, FEBRUARY 15, 1966

871

HB 605. By Mr. Mixon of the 81st:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Irwin, so as to change the salary 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 33, nays 0.

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

HB 606. By Mr. Mixon of the 81st:
A bill to abolish the present method of compensating the sheriff of Irwin 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 607. By Mr. Mixon of the 81st: A bill to amend an act creating a new charter for the City of Ashburn, so as to extend the present corporate limits of said city to include certain additional territory to be north and east in the County of Turner contiguous and adjacent to existing boundaries of said city; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.

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

HB 610. By Mr. McCracken of the 49th:
A bill to amend the charter of the City of Wadley, relating to the election of mayor and councilmen; and for other purposes.

872

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 28, nays 0.

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

HB 611. By Mr. Clarke of the 45th: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Butts County, so as to change the compensation of the commissioners; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.

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

HB 612. By Mr. Clarke of the 45th: A bill to amend an act changing the compensation of the ordinary of Butts County from the fee system to the salary system, so as to change the allowance provided for said ordinary for clerical assistance; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

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

HB 613. By Mr. Clarke of the 45th:
A bill to amend an act changing the compensation of the sheriff of Butts 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.

TUESDAY, FEBRUARY 15, 1966

873

On the passage of the bill, the ayes were 33, nays 0.

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

HB 614. By Mr. Clarke of the 45th:
A bill to amend an act changing the compensation of the tax collector of Butts County from the fee system to a system whereby such tax collector shall be entitled to certain commissions and a salary, so as to change the amount provided for said tax collector for clerical assistance; and for other purposes.

The report 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 615. By Mr. Clarke of the 45th:
A bill to amend an act creating a new charter for the City of Jackson, so as to provide for the annexation of certain additional territory into the corporate limits of the City of Jackson, to designate such additional annexed territories as the 5th 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 28, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 616. By Mr. Clarke of the 45th: A bill to repeal an act incorporating the Town of Pepperton in Butts 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.

874

JOURNAL OF THE SENATE,

HB 625. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd, Wilson and Henderson of the 102nd:
A bill to amend an act incorporating the Town of Austell and reincorpora ting said town as a city, so as to increase the corporate limits; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

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

HB 627. By Mr. Ross of the 31st:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Lincoln County, so as to change the provisions relating to the ordinary of Lincoln County serving as clerk 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 33, nays 0.

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

HB 628. By Mr. Ross of the 31st:
A bill to amend an act creating a new charter for the City of Crawfordville, so as to change the time during which the polls shall be open; and for other purposes.

The report 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.

TUESDAY, FEBRUARY 15, 1966

875

HB 629. By Mr. Ross of the 31st:
A bill to amend an act to abolish the present mode of compensating the sheriff of Taliaferro 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 630. By Mr. Murphy of the 26th:
A bill to amend an act consolidating the offices of tax receiver and tax collector of Haralson County into the office of tax commissioner of Haralson County, so as to provide clerical help for the tax com missioner; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 631. By Messrs. Watkins of the 9th, Roach of the 15th, Otwell of the 10th and others: A bill to amend an act supplementing the salary of the judge of the superior courts of the Blue Ridge Circuit, so as to increase amount of compensation paid said 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 28, nays 0.

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

876

JOURNAL OF THE SENATE,

HB 639. By Mr. Thomas of the 77th:
A bill to amend an act creating the City Court of Jesup, so as to change the terms of court of the city court of Jesup; and for other purposes.

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

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

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

HB 640. By Mr. Thomas of the 77th:
A bill to amend an act incorporating and creating a new charter for the City of Jesup in Wayne County, so as to authorize the board of commissioners to fix the salary of the city manager and the city re corder, within a certain salary range; and for other purposes.

The report 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 641. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd and others:
A bill to amend an act creating the Civil and Criminal Court of Cobb County, so as to provide for an additional 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 28, nays 0.

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

HB 594. By Mr. Brackin of the 87th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenue for Miller County, so as to change the provisions relating to the compensation of the members of the Board other than the Chairman; and for other purposes.

TUESDAY, FEBRUARY 15, 1966

877

The report 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 599. By Mr. Alien of the 93rd: A bill to amend an act placing the tax commissioner of Tift County upon an annual salary, so as to allow for the disposition of certain fees and commissions of the tax commissioner earned prior to the effective date of 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 643. By Mr. Hadaway of the 46th:
A bill to amend an act fixing the compensation of the County Treasurer of Jasper 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 644. By Messrs. Minge, Lowrey and Starnes of the 13th:
A bill to amend an act creating the city court of Floyd County, so as to delete therefrom those provisions relating to the compensation of the assistant solicitor of the city court of Floyd County and the secretary to the solicitor; and for other purposes.

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

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JOURNAL OF THE SENATE,

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

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

HB 645. By Messrs. Minge, Lowrey and Starnes of the 13th: A bill to amend an act placing the solicitor general of the Rome Judicial Circuit on an annual salary, so as to change the compensation of the assistant solicitor general of the Rome Judicial Circuit and the clerk-typist; and for other purposes.
The report 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 649. By Mr. Johnson of the 40th: A bill to amend an act revising, consolidating and superseding the several acts incorporating the Town of Thomson, so as to increase the corporate limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.

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

HB 654. By Messrs. Dixon and Sweat of the 83rd: A bill to amend an act establishing a new charter for the City of Waycross, so as to provide that the city clerk shall be appointed by the city manager with the approval of the 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.

TUESDAY, FEBRUARY 15, 1966

879

HB 655. By Messrs. Dixon and Sweat of the 83rd:
A bill to repeal an act amending the Charter of the City of Waycross, so as to provide for park and tree and zoning commission in lieu of the present park and tree commission; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.

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

HB 656. By Messrs. Dixon and Sweat of the 83rd:
A bill to amend an act establishing a new charter for the City of Waycross, so as to change the date on which municipal elections are 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 28, nays 0.

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

HB 660. By Mr. Blair and Mrs. Merritt of the 68th: A bill to amend an act creating the City Court of Americus, so as to increase the compensation 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 33, nays 0.

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

HB 661. By Mr. Blair and Mrs. Merritt of the 68th:
A bill to amend an act creating a system of retirement for employees of the City of Americus, so as to change the maximum monthly retire ment benefit; and for other purposes.

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

On the passage of the bill, the ayes were 33, nays 0.

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

HB 662. By Mr. Blair and Mrs. Merritt of the 68th:
A bill to amend an act consolidating the several acts granting corporate authority to the City of Americus, so as to authorize the Mayor and City Council of Americus to tax all places of business within said City; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.

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

HB 663. By Mr. Blair and Mrs. Merritt of the 68th: A bill to amend an act placing the ordinary of Sumter County upon an annual salary, so as to increase the compensation 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 666. By Messrs. Lewis and Newton of the 50th:
A bill to amend an act incorporating the Baptist Church at Buck Head in the County of Burke, so as to vest legal title of the Baptist Church at Buck Head in Burke County, in the Hepzibah Baptist As sociation; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, FEBRUARY 15, 1966

881

On the passage of the bill, the ayes were 33, nays 0.

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

HB 667. By Mr. Black of the 56th:
A bill to fix the compensation of the county treasurer of all counties having a certain population; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.

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

HB 675. By Messrs. Lane and Nessmith of the 64th: A bill to amend an act creating a new charter for the City of Statesboro, so as to change the terms of the mayor and councilmen; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

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

HB 678. By Mr. Herndon of the 74th: A bill to amend an act creating a Board of Commissioners of Roads and Revenues in Appling County, so as to provide that the members of said Board shall be elected from their respective commissioner district rather than 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 33, nays 0.

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

882

JOURNAL OF THE SENATE,

HB 680. By Messrs. Nessmith and Lane of the 64th:
A bill to amend an act incorporating the Town of Portal, so as to change the date of municipal elections; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

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

HB 686. By Mr. Conner of the 91st:
A bill to abolish the present method of compensating the sheriff of Jeff Davis 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 687. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd, Wilson and Henderson of the 102nd:
A bill incorporating the City of Powder Springs, so as to change the qualifications of voters; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.

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

HB 698. By Messrs. Lowrey, Minge and Starnes of the 13th:
A bill to create the Floyd School District by merging the independent school system of the City of Rome and the county school system of Floyd County; and for other purposes.

TUESDAY, FEBRUARY 15, 1966

883

The report 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 513. By Senator Hall of the 52nd:
A bill to require hospital authorities in counties having a population of not less than 50,000 nor more than 75,000 as determined by the United States decennial census of 1960 or any future census to conduct an annual audit of the books and records of such hospital authorities; and for other purposes.

The Committee on County and Municipal Governments offered the following substitute:
A BILL
To be entitled an Act To require hospital authorities in counties having a population of not less than 50,000 nor more than 75,000 as determined by the United States decennial census of 1960 or any future decennial census to conduct an annual audit of the books and records of such hospital authorities; to provide the content of all such audits; to provide for the appointment, qualification and compensation of any auditor; to provide for the publication of a summary of such audit; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. From and after the passage of this Act, it shall be the duty of all hospital authorities in counties having a population of not less than 50,000 nor more than 75,000 as determined by the United States decennial census of 1960 or any later United States decennial census to conduct an annual audit of the financial affairs, books and records of each such hospital authority, said audit to be conducted at the end of each fiscal year of such authorities.
Section 2. It shall be the duty of the hospital authorities of each county provided for herein to obtain and appoint an independent certi fied public accountant or an independent firm of certified public ac countants who shall have practiced as such in the State of Georgia, under certificates issued by this state, for at least two years, to conduct the audit provided for herein. The auditor so appointed shall make the audit provided for herein in accordance with generally accepted auditing standards and shall submit and complete a final report and audit no later than sixty (60) days after the close of the fiscal year of the hospital authority for which such audit is conducted, and shall point out any

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irregularity found to exist. The final report of such audit shall be filed with the hospital authority of such county no later than the sixty (60) day period provided for hereinabove.

Section 3. All audits provided for herein shall be certified to and shall include, but in no way be limited to, a full and complete audit containing a balance sheet, and a statement of income and expense. The audit so submitted shall also contain in addition to the above information a complete report from each separate department within the hospital authority, if any, which in any way received or disbursed county funds, such report to include all receipts and disbursements of each such department containing the information hereinbefore provided. Should such auditor discover any irregularities in any of the finances or accounts of the hospital authority, it shall be the duty of such auditor immediately to report in writing such irregularity to the hospital au thority of such county and to the grand jury then in session, or if no grand jury is in session to the first grand jury convened after such irregularity is discovered.
Section 4. It shall further be the duty of such auditor to conduct quarterly audits of the books and records of the hospital authority and to issue a written report to the hospital authority on such quarterly audits so as to aid each hospital authority in its fiscal management. Said quarterly audits shall contain all the information provided for herein as relates to the year-end audit to be submitted by him.
Section 5. A summary of annual audits shall be published, as soon as submitted, in the official newspaper of the county for which such audit was conducted in which the sheriff's advertisements regularly ap pear, and it shall be the duty of the hospital authority to see that such publication is made. Sufficient copies of the audit shall also be delivered to the clerk of the superior court of such county to be held by him for public inspection. The compensation of the auditor provided for herein shall be fixed by agreement between the hospital authority and the auditor selected to make such audit.

Section 6. Nothing in this Act shall be construed to prohibit or prevent the authority from having conducted any additional audit or professional services it deems necessary.

Section 7. An Act entitled "An Act to require hospital authorities in counties having a population of not less than 50,000 nor more than 75,000 as determined by the United States census of 1960 or any future decennial census to conduct a continuing and annual audit of the books and records of such hospital authorities; to provide the content of all such audits; to provide for the appointment, qualification, compensa tion and term of any auditor conducting such audit; to prescribe the duties of the auditor; to repeal conflicting laws; and for other pur poses.", approved March 18, 1964 (Ga. Laws 1964, p. 3075), is hereby repealed in its entirety.

Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

TUESDAY, FEBRUARY 15, 1966

885

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, was agreed to.

On the passage of the bill, the ayes were 33, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.
HB 95. By Mr. Carnes of the 129th:
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, so as to change the provisions relative to the pay ment of premiums; 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 authorizing the Commis sioners of Roads and Revenues of Fulton County to provide any type of Group Insurance for all Regular County Employees, approved February 4th 1952 (Georgia Laws 1952, page 2012), as amended by an act ap proved February 27th 1953, (Georgia Laws 1953 page 2774), as amended by an act approved February 8th 1955, (Georgia Laws 1955, page 2232), as amended by an act approved April 5th, 1961, (Georgia Laws 1961, page 2880), so as to require the Commissioners of Roads and Revenues of Fulton County to restore the right to continued equal Group Insurance benefits (with other participating Regular Employees) to participating regular County Employees who have attained the age of 65 years, or those who have retired; to provide for refunds of excess contributions; to repeal conflicting laws and for other purposes.
Be it enacted by the General Assembly of Georgia and is hereby enacted by the authority of the same, that the act approved February 4th 1952 (Georgia Laws 1952, page 2012), as subsequently amended, which is an act authorizing the Commissioners of Roads and Revenues of Fulton County to provide for Regular Employees of said County any type of Group Insurance, subject to certain named limitations, is further amended as follows:
SECTION 1.
The Commissioners of Roads and Revenues of Fulton County shall cause the restoration of the same benefits of Group Life, Hospital and

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Medical Insurance to Regular Employee participants who have attained the age of 65 years or have retired as are received by participating Regular County Employees under 65 years of age, said benefits of Group Life, Hospital and Medical Insurance are to be restored retroactively to December 1st 1965.

SECTION 2.
The Commissioners of Roads and Revenues may comply with the requirements of Section 1 of this amendment by effecting the amend ment of the contract of Group Insurance entered into with the Con tinental Assurance Company under date of December 1st 1965; by caus ing the removal of the restrictions placed therein on the Group Life, Hospital and Medical Benefits to Participating Regular County Em ployees who had attained the age of 65 years, and to Participating Regu lar County Employees who had retired. The Commissioners of Roads and Revenues may contract to cover the payment of any liability for the restored group insurance benefits which may have arisen subsequent to December 1st 1965 and the date the liability for future coverage of all Regular County Participants is effected.

SECTION 3.
Any excess contributions which may have been exacted of any par ticipating Regular County Employee for Group Life Insurance Coverage shall be caused to ne remitted from the County Treasury by the Com missioners of Roads and Revenue of Fulton County.

SECTION 4. All laws and parts of laws in conflict herewith are repealed.

SECTION 5.
A copy of notice of intention to apply for this local legislation and an affidavit or certificate of the publisher showing the publication of such notice as required by law are hereby attached and made a part of this bill, and it is hereby declared that all the requirements of the con stitution of Georgia relating to the publication of Notice of Intention to apply for passage of this local legislation have been complied with for the enactment.

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.

TUESDAY, FEBRUARY 15, 1966

887

On the passage of the bill, the ayes were 33, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.
SR 39. By Senator Fincher of the 51st:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the provisions relating to elections for the members of the Cherokee County Board of Education and to change the provisions relating to the filling of vacancies on the Cherokee County Board of Education; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section V, Paragraph I of the Constitution as amended by an amendment, creating the Cherokee County School System, and ratified at the general election held on November 6, 1956, and as set forth in Georgia Laws 1956, at page 133, is hereby amended by adding at the end of the eighth paragraph of the amendment, as set forth in Georgia Laws 1956, at page 133, the following:
"The ordinary shall issue the call for any such election not less than twenty (20) nor more than thirty (30) days before the date of such election and shall cause the date and purpose of such elec tion to be published once a week for two weeks immediately pre ceding the date thereof in the official organ of Cherokee County. Any person wishing to offer as a candidate for the Cherokee Coun ty Board of Education shall specify the District for which he wishes to run and shall qualify not less than ten (10) days nor more than thirty (30) days before the election for members of the board.",
so that when so amended, said eighth paragraph shall read as follows:
"Within fifteen days after the ratification of this amendment, it shall be the duty of the Ordinary of Cherokee County to issue the call for an election to be held within the school districts, as here in provided, to elect members of the board. Such election shall be held not less than ten (10) nor more than twenty (20) days after the issuance of the call, and the members elected shall enter upon the duties of their office. Thereafter, the election of a successor to the member whose term expires that year shall be held on the Tuesday after the first Monday in November and he shall take office on January 1 following election. The General Assembly is hereby authorized to change the election day herein provided. The ordinary shall issue the call for any such election not less than twenty (20) nor more than thirty (30) days before the date of such

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election and shall cause the date and purpose of such election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Cherokee County. Any person wishing to offer as a candidate for the Cherokee County Board of Education shall specify the District for which he wishes to run and shall qualify not less than ten (10) nor more than thirty (30) days before the election for members of the board."

Section 2. Said amendment, as set forth in Georgia Laws 1956 at page 133, is further amended by striking the tenth paragraph which reads as follows:
"Vacancies on said board shall be filled by the remaining mem bers of the board, except that the grand jury shall appoint the member for a district for a full term in the event no freeholder in that district qualifies for election for a full term. Any member so appointed shall be a freeholder and a resident of the district that he represents.",
in its entirety and substituting in lieu thereof a new paragraph to read as follows:
"Vacancies on said board shall be filled for the unexpired term by the remaining members of the board provided such vacancy oc curs within one year of the next general election. If such vacancy occurs more than one year from the next general election, an elec tion shall be called to fill such vacancy for the unexpired term. Such election shall be called and held, and the candidates for such vacancy shall qualify, in accordance with the provisions herein re lating to election for members of the board. In the event no free holder in a district qualifies for election as a member of the board for a full term or to fill a vacancy, as the ease may be, the grand jury shall appoint a member from such district for a full term or to fill the vacancy as the case may be."

Section 3. 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 change the ) provisions relating to elections for the members of the
Cherokee County Board of Education and to change the provisions relating to the filling of vacancies on the Cherokee County Board of Education?"

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".

TUESDAY, FEBRUARY 15, 1966

889

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 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

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 Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
SR 47. By Senator Yancey of the 33rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the members of the Board of Education of Cobb County shall be elected

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JOURNAL OF THE SENATE,

in the same manner as county officers; to change the compensation of the members of the board of education; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VIII, Section V, Paragraph I of the Constitution is hereby amended by striking from that paragraph of said Paragraph I which reads as follows:
"At the General Election in 1964 at which county officers are elected, the seven members of the County Board of Education shall be elected. The person from each district receiving the highest num ber of votes shall be the member of the Board from that district. The persons elected in 1964 shall take office January 1, 1965, for four-year terms and until their successors are elected and qualified. Successors to these members and all future members shall be elected at the same time each four years as county officers are elected, and likewise, shall take office on the first day of January im mediately following their election and, likewise, shall serve for terms of four years and until their successors are elected and quali fied. Each member of the Board shall be compensated in the amount of fifty ($50.00) dollars per month. At the first meeting held by the Board in each year, the members shall elect a Chairman and a ViceChairman who shall serve for that year.",

the following sentence:

"The person from each district receiving the highest number of votes shall be the member of the Board from that district.",

and inserting in lieu thereof the following:

"The members of the board of education shall be elected in the same manner as are the county officers of Cobb County.",

and by adding at the end of said paragraph the following:

"Beginning with the next election for members of the Board of Education of Cobb County in 1968, each member of the Board shall be compensated in the amount of $100.00 per month or such sum as the General Assembly shall provide by law; provided, how ever, the compensation of members of such Board shall neither be increased nor decreased during the term of office for which they were elected.",
so that when so amended said paragraph shall read as follows:

"At the General Election in 1964 at which county officers are elected, the seven members of the County Board of Education shall be elected. The members of the board of education shall be elected in the same manner as are the county officers of Cobb County. The persons elected in 1964 shall take office January 1, 1965, for four-

TUESDAY, FEBRUARY 15, 1966

891

year terms and until their successors are elected and qualified. Successors to these members and all future members shall be elected at the same time each four years as county officers are elected, and likewise, shall take office on the first day of January immediately following their election and, likewise, shall serve for terms of four years and until their successors are elected and quali fied. Each member of the Board shall be compensated in the amount of fifty ($50.00) dollars per month. At the first meeting held by the Board in each year, the members shall elect a Chairman and a Vice-Chairman who shall serve for that year. Beginning with the next election for members of the Board of Education of Cobb Coun ty in 1968, each member of the Board shall be compensated in the amount of $100.00 per month or such sum as the General Assembly shall provide by law; provided, however, the compensation of mem bers of such Board shall neither be increased nor decreased during the term of office for which they were elected."

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 ( NO (

) Shall the Constitution be amended so as to provide that ) the members of the Board of Education of Cobb Coun
ty shall be elected in the same manner as county offi cers and to change the compensation of the members of the board of education?"

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 returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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

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

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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Adams Ballew Bateman Broun Carter Coggin Dean Downing Edenfield Eldridge Fincher of 51st Fincher of 54th
Flowers Foster
Gayner Gillis
Gregory

Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Lee Logging
Maclntyre Miller
Moore McGill
Noble

Owens Padgett Pennington Plunkett Rowan Searcey Smalley Smith Spinks Thompson Tribble Ward
Webb Yancey
Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
SR 67. By Senator Owens of the 49th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the appointment of the county school superintendent of Lumpkin Coun ty by the board of education of Lumpkin County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VIII, Section VI, Paragraph I of the Constitu tion is hereby amended by adding at the end thereof the following paragraph:
"The county school superintendent of Lumpkin County shall be appointed by the board of education of Lumpkin County and he shall serve at the pleasure of the board. The county school super intendent serving at the time of the ratification of this amendment shall continue to serve for the term of office for which he was elected and until his successor is duly appointed and qualified. All

TUESDAY, FEBRUARY 15, 1966

893

constitutional and statutory provisions relating to county school superintendents shall be applicable to the county school superinten dent of Lumpkin County unless they shall conflict with the provi sions of this paragraph."

Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken 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 writen or printed thereon the following:

"YES ( NO (

) Shall the Constitution be amended so as to provide for ) the appointment of the county school superintendent
of Lumpkin County by the board of education of Lumpkin County?"

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 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory Hall

Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick

894
Lee Loggins Maclntyre Miller Moore McGill Noble Owens

JOURNAL OF THE SENATE,

Padgett Pennington Plunkett Rowan Searcey Smalley Smith Spinks

Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nay 0.

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

SR 79. By Senator Ballew of the 50th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the City of Jasper Industrial Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to pro vide for issuing revenue bonds and for the validation of such bonds; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section VII, Paragraph V of the Constitu tion is hereby amended by adding at the end thereof a new Paragraph which shall read as follows:
"A. There is hereby created a body corporate and politic in the City of Jasper, Georgia, to be known as the City of Jasper Industrial Development Authority, which shall be an instrumentality of the State of Georgia and a public corporation and which in this amendment is hereafter referred to as the 'Authority'."
"B. The Authority shall consist of seven members to be elected by the Mayor and Council of the City of Jasper, Georgia, for initial terms of two, four and six years, and thereafter for staggered terms of six years. At the time of election of the first members, the governing body of the municipality shall elect two members for a two year term, two members for a four year term, and three mem bers for a six year term, and thereafter the terms of all members shall be six years. In the event a vacancy occurs for any reason,

TUESDAY, FEBRUARY 15, 1966

895

the Mayor and Council of the City of Jasper, Georgia, shall im mediately elect a person to fill such vacancy for the unexpired term. A majority of the members shall constitute a quorum, but no action may be taken by the Authority without the affirmative vote of a majority of a quorum present of the membership of the Authority. The Authority shall have power to elect their own Chair man, Assistant Chairman and Secretary from its membership. No member of the governing body of the City of Jasper, Georgia, may be a member of said Authority and only residents of the City of Jasper, Georgia, shall be eligible members for said Authority.

"C. The power of the Authority shall include but not be limited to, the power:
1. To sue and be sued; to receive and administer gifts, grants and donations and administer trusts;

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

3. To contract with the City of Jasper and with other political subdivisions of the State and with the State and with the United States Government or with any department or agency of either and with private persons and corporations.

4. To exercise any power granted by the laws of the State of Georgia to any public or private corporation performing similar functions, which is not in conflict with the Constitution and laws of the State of Georgia.

5. To encourage and promote the expansion and development of industrial and commercial facilities in the City of Jasper so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of said city suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabri cating plant including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, ma chinery and equipment. Such acquisition may be through the acqui sition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and remodeling, renovating, reconstructing, furnishing and equipping of such building.

6. No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer or possession. The lessee or purchaser shall be required to pay all cost of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the pur-

896

JOURNAL OF THE SENATE,

pose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in con nection with the undertaking;
7. To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

8. To designate officers to sign and act for the Authority generally or in any specific manner;

9. To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated;
10. To appoint and select officers, agents and employees in cluding engineers, architects, builders and attorneys, and to fix their compensation;
11. To adopt, alter or repeal its own by-laws, rules and regu lations governing the manner in which its business may be trans acted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business.
"D. The City of Jasper, Georgia, by and through the govern ing body thereof, is hereby authorized and empowered to levy a tax on all taxable property therein not to exceed five (5) mills for the purpose of establishing a fund to be set aside, transferred to and used by said Authority for the general purposes of the Au thority as herein set out, including but without limitation, the use of monies derived from such tax levy to meet debt service requirements for any bonds issued by the Authority, and the City and the Authority are authorized to enter into contracts per taining to same in accordance herewith and as authorized by Article VII, Section VI, Paragraph I of the Constitution.

"E. The property obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property obligations and interest on the obligations of the City of Jasper.
"F. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds, debentures and revenue bonds for the purpose or paying all or any part of the cost of any project of the Authority; such revenue bonds shall be issued and validated under and in accordance with the applicable provisions of the laws of Georgia, as though such bonds had originally been authorized to be issued under the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761), as amended. The judgment of validation shall be final, conclusive and forever incontestable as to the validity of the bonds and the security for the payment thereof, as well as all other matters, both substantive and procedural, relative to their ussuance, and any property real or personal, of the Authority may be pledged,

TUESDAY, FEBRUARY 15, 1966

897

mortgaged, conveyed, assigned, hypothecated or otherwise encum bered as security for any lawful debt of the Authority.

"G. The Authority shall not be empowered or authorized in any manner to create any debt, liability or obligation against the State of Georgia, County of Pickens or City of Jasper, Georgia.

"H. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to the City of Jasper, Georgia, subject to any mortgages, liens, lease or other encumbrances outstanding against or in respect to said prop erty at that time.
"I. This amendment, being for the purpose of developing and promoting the public good and the welfare of the City of Jasper, Georgia, and its inhabitants, shall be liberally construed to effect the purposes hereof.
"J. The provisions of this amendment are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.

"K. Any project of the Authority shall be restricted to or with in the city limits of Jasper, Georgia.

"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within the City of Jasper and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reterence to the Authority shall be liberally construed for the accomplishment of these purposes.

"M. This amendment shall be effective immediately upon pro clamation of its ratification by the Governor and the first members of the Authority shall take office within thirty (30) days after such proclamation.
"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority."

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

898

JOURNAL OP THE SENATE,

"YES ( ) Shall the Constitution be amended so as to create the City of Jasper Industrial Development Authority;
NO ( ) to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for issuing revenue bonds and for the validation of such bonds?"

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 returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

Senator Ballew of the 50th offered the following amendment:

Amend SR 79 as follows:

By adding at the end of Paragraph E in Section 1 the following:

"The exemptions from taxation herein provided shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority."

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, 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 51st Pincher of 54th Flowers Foster Gayner Gillis Gregory Hall

Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick

TUESDAY, FEBRUARY 15, 1966

899

Lee Loggins
Maclntyre Miller Moore McGill
Noble Owens

Padgett Pennington
Plunkett Rowan Searcey Smalley
Smith Spinks

Thompson Tribble
Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

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

HR 163. By Messrs. Pickard, Jones and Brinkley of the 112th; Berry and Thompson of the 110th; and Thompson and Shields of the lllth:
A RESOLUTION
To amend the Constitution so as to authorize the General Assembly to consolidate and combine the Muscogee County and the City of Colum bus Tax Assessors for both real and personal property; to provide the powers and duties of such new entity; to provide the procedure connected therewith; to provide for the submission of the proposed amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article XI, Section I, Paragraph VI, of the Constitution of the jState of Georgia is hereby amended by adding thereto a paragraph to read as follows:
"The General Assembly shall have the power to consolidate and combine the county and city board of tax assessors for both real and personal property of the City of Columbus and County of Muscogee, and all the governmental functions and powers now vested in and exercised by said board of tax assessors in the City of Columbus and County of Muscogee; to create, designate and give a name to a city-county board of tax assessors for the municipality of the City of Columbus and the entire area of Muscogee County; to vest and confer upon such city-county board of tax assessors such authority as may be conferred upon tax assessors of municipalities, counties, or both, under existing laws; to abolish any and all offices

900

JOURNAL OF THE SENATE,

now existing under any and all Acts under the city charter of the

City of Columbus pertaining' to the board of tax assessors for both

real and personal property for the City of Columbus, and any

and all offices now existing under any and all Acts relating to the

Muscogee County Board of Tax Assessors; to create a city-county

board of tax assessors and offices for the purpose of exercising

and carrying out the powers to be vested in such board and the

powers and duties formerly appertaining to such boards and of

fices; to provide a mode and method for the appointment of the

members of the city-county board of tax assessors; to delegate to

the governing authority of the municipality of the City of Columbus

and the County of Muscogee full power and authority to abolish the

presently constituted board of tax assessors of the City of Columbus

and County of Muscogee, and to create in lieu thereof new offices and

a city-county board of tax assessors to be vested with all of the

duties and powers of the offices and boards of tax assessors thus

abolished; to provide for the employment of assistants to such board;

to provide for the payment of compensation to the city-county

board of tax assessors; to provide that the General Assembly in

exercising the powers herein conferred may include in the Act or

law, or any amendment thereto, any one or more of the powers or

provisions herein enumerated and may exclude therefrom any one or

:

more of the powers herein enumerated and in exercising the powers

herein conferred, it shall not be necessary that the enactment or

enactments of the General Assembly pursuant hereto carry with

it a referendum to the qualified voters of the County of Muscgoee

and the City of Columbus; and for other purposes."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such 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 authorize the General Assembly by law to consolidate and com-
NO ( ) bine the County of Muscogee and City of Columbus Boards of Tax Assessors into a single Board of Tax Assessors for said city and county?"
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

TUESDAY, FEBRUARY 15, 1966

901

State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the voted 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 Gregory

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 Searcey Snially Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays O.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 164. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thompson of the 110th, and Shields and Thompson of the lllth:
A RESOLUTION
To propose an amendment to the Constitution of the State of Geor gia to create a body corporate and politic and an instrumentality of the

902

JOURNAL OP THE SENATE,

State of Georgia to be known as the Columbus and Muscogee County Building Commission; to provide the manner in which the name of such Commission may be changed; to authorize the said Commission to ac quire, construct, equip, maintain, and operate self-liquidating projects embracing buildings and facilities for use by the City of Columbus and Muscogee County, Georgia, for their governmental, proprietary, and administrative functions, to authorize the City of Columbus and Muscogee County, Georgia, for their governmental, proprietary, and administrative functions, to authorize the City of Columbus and Muscogee County to lease or sell lands and buildings to such Com mission; to provide for the appointment of the members of the Com mission; to provide for the manner of changing the number of members and the manner of their appointment; to define certain words and terms; to confer powers and impose duties on the Commission; to grant limita tions to the Commission; to authorize the Commission and the City of Columbus and Muscogee County to enter into contracts and leases pertaining to the use of such facilities, which contracts and leases shall obligate the lessees to make payment for the use of the facilities for the term thereof and to pledge for that purpose money derived from taxation; to provide that no debt within the meaning of the Constitution of the State of Georgia, Article VII, Section VII, Paragraph I, of the City of Columbus or Muscogee County shall be incurred by the exercise of any of the powers hereby granted; to authorize the issuance of revenue bonds of the Commission payable from the revenues, rents, and earnings, and other funds of the Commission to pay the costs of such projects; to authorize the collecting and pledging of such revenues, rents, and earnings for the payment of such bonds; to authorize the adoption of resolutions and the execution of trust indentures to secure the payment of such bonds and to define the rights of the holders of such bonds; to make the bonds of the Commission exempt from taxation; to provide the right and power for the Commission to condemn property of every kind and character; to authorize the issuance of revenue refunding bonds; to provide for the validation of such bonds and to fix the venue or jurisdiction of actions relating to any provisions of this amendment; to exempt the property and income of the Commission from taxation; to provide for the Commission immunity and exemption from liability for torts and negligence; to provide that the property of the Commission shall not be subject to levy and sale; to provide that this amendment shall be liberally construed; to provide an effective date for this amend ment; to provide that no enabling legislation shall be necessary; to define the scope of the Commission's operations; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1

Article VII, Section VI, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

"1. COLUMBUS AND MUSCOGEE COUNTY BUILDING COM MISSION CREATED. There is hereby created a public body corporate and politic to be known as the Columbus and Muscogee County Building

TUESDAY, FEBRUARY 15, 1966

903

Commission, hereinafter sometimes designated as the Commission, which shall he an instrumentality and a public corporation of the State of Georgia, the name of which, however may be changed in the future by act of the General Assembly and the purpose of which shall be to acquire, construct, and equip self-liquidating projects in cluding buildings and facilities for use by the City of Columbus and Muscogee County for their governmental, proprietary, and administrative functions and the City of Columbus and Muscogee County are hereby granted the right and power by proper resolution of the appropriate governing body to sell or lease to said Commission lands and buildings owned by them.

"2. MEMBERSHIP. The Commission shall consist of five members, who shall be eligible to succeed themselves. Two members shall be elected by the mayor and commissioners of the City of Columbus, and two members shall be elected by the Commissioners of Roads and Revenues of Muscogee County. The fifth member shall be selected by the Mayor of the City of Columbus and the Chairman of the Commissioners of Roads and Revenues of Muscogee County. The members of each of said bodies shall be eligible to be elected to and to serve on said commission. The members of the Commission shall hold office for the term of two years and until their successors shall be elected, provided, however, that, of the original members elected to the Commission, one shall be elected by each body for a term of one year, and one two years. Any vacancy on the Commission shall be filled for the unexpired term by the body which had elected the member whose term has become vacant. Immediately after their election the members of the Commission shall enter upon their duties. The Commission shall elect one of its members as Chairman, and one as Vice-Chairman, and shall also elect a Secretary and a Treasuer, or a Secretary-Treasurer, who need not necessarily hold member ship on the Commission. Three members of the Commission shall consti tute a quorum, and no vacany on the Commission shall impair the right of the quorum to exercise all the rights and perform all the duties of the Commission, and in every instance a majority vote of a quorum shall authorize any legal act of the Commission, including all things necessary to authorize and issue revenue bonds. The members of the Commission shall receive no compensation for their services but may be reimbursed by the Commission for their actual expenses properly incured in the performance of their duties. The Commission shall make rules
and regulations for its own government and shall have perpetual
existence. In the event the number of members of the Commission, or
the number required to constitute a quorum, or the qualifications or
compensation of the members of the Commission, or the manner in
which the members of the Commission shall be selected shall ever be
come the subject of change, the same may be accomplished by act of
the General Assembly.

"3 DEFINITIONS. As used herein, the following words and terms shall have the following meanings unless a different meaning clearly appears from the context:

"(a) The word, 'Commission' shall mean the Columbus and Muscogee County Building Commission, created hereby.

904

JOURNAL OF THE SENATE,

"(b) The word 'project' shall mean and include real and personal

property acquired or held by the Commission for one or a com

bination of two or more of the following undertakings; buildings

1

and facilities intended for use as a courthouse, city hall, jail, police

department, fire department, administrative offices, governmental

offices, proprietary and utility offices, all buildings and facilities of

every kind and character determined by the Commission to be

desirable for the efficient operation of any department, board, office,

commission, or agency of the City of Columbus and Muscogee

County or either of them in the performance of their governmental,

proprietary, and administrative functions.

"(c) The term 'cost of project' shall embrace the cost of lands, buildings, improvements, machinery, equipment, property, easements, rights, franchises, material, labor, services acquired or contracted for, plans and specifications, financing charges, construction costs, interest prior to and during construction, architectural, accounting, engineering, inspection, administrative, fiscal, and legal expenses, expenses incident to determining the feasibility or practicability of
the project, expenses incident to the acquiring, constructing, equip ping, and operating of any project or any part thereof and to the placing of the same in operation and to the condemnation of any
property incident to such construction and operation.

"(d) The term 'revenue bonds' as used in this amendment, shall mean revenue bonds under the provisions of the Revenue Bond Law of Georgia, Ga. L. 1937, p. 761, as amended, codified in Ga. Code Ann., Ch. 87-8, and under the provisions of this amendment. The obligations authorized hereby may be issued by the Commission in the manner authorized under said Revenue Bond Law.

"4. POWERS. The Commission shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this amendment, including, but without limiting the generality of the foregoing, the power:

"(a) to sue and be sued;

"(b) to adopt and alter a corporate seal;

"(c) to make and execute with public and private persons and corporations, contracts, lease, rental agreements, and other in struments relating to its projects and incident to the exercise of the powers of the Commission including contracts for constructing, renting, and leasing of its projects for the use of the City of Colum bus and Muscogee County or either of them and, without limiting the generality of the foregoing, authority is specifically granted to the said city and county to enter into lease contracts and related agreements for the use of any structure, building, or facility or a combination of any two or more structures, buildings, or facilities of the Commission for a term not exceeding thirty years, and the City of Columbus and Muscogee County or either of them may enter into lease contracts and related agreements for the use of any

TUESDAY, FEBRUARY 15, 1966

905

structure, building, or facility or a combination of two or more structures, buildings, or facilities of the Commissions for a term not exceeding thirty years upon a majority vote of their governing bodies and may obligate themselves to pay an agreed sum for the use of such property so leased and also obligate themselves as a part of the understaking to pay the cost of maintaining, repairing, and operating the property furnished by and leased from the Com mission; provided, however, that when the sums agreed to be paid under the provisions of such lease contracts or related agreements are pledged or assigned to secure the payment of revenue bonds issued hereunder, then the contracting parties shall be authorized to make the term of such contracts or agreements for a period not to exceed thirty years or until all of such bonds, as to both principal and interest, are fully paid, and provided, further, that, under any such lease contract or related agreement, the lessees or tenants shall have the right to sub-let to public or prviate persons or corporations any portion of the leased or rented premises not needed for the purposes of the lessees or tenants.

"(d) to acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper or by con demnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, or by gift, grant, lease, or otherwise real property or rights and easements therein and franchises and personal property necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or disposition of the same in any manner it deems to the best advantage of the Commission; provided, however, that the Commission shall be under no obligation to accept and pay for any property condemned as provided herein except from the funds provided herein, and, in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the Commission and to the owners of the property to be condemned and no property shall be acquired as provided herein upon which any lien or other encumbrance exists unless at the time such property is so acquired a sufficient sum of money shall be deposited in trust to pay and redeem the fair value of such lien or encumbrance;

"(e) to improve, extend, add to, reconstruct, renovate, or re model any project or part thereof already acquired;

"(f) to pledge or assign any revenues, income, rent, charges, and fees received by the Commission;

"(g) to appoint and select agents, engineers, architects, at torneys, fiscal agents, accountants, and employees and to provide for their compensation and duties;

"(h) to construct, reconstruct, acquire, own, alter, repair, remodel, maintain, extend, improve, operate, manage, and equip projects located on land owned or leased by the Commission and to pay all or part of the costs of any such project from the proceeds

906

JOURNAL OF THE SENATE,

of revenue bonds of the Commission or from any contributions, loans, or grants by persons, firms, or corporations, including the United States of America, and any other contribution, all of which the Commission is hereby authorized to receive, accept, and use;

"(i) to accept, receive, and administer gifts, grants, loans, and devises of money, material, and property of any kind, including loans and grants from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose;

"(j) to borrow money for any of its corporate purposes and to issue revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;

"(k) to exercise all powers usually possessed by private corpo rations performing similar functions, which are not in conflict with the constitution and laws of this state; and

"(1) pursuant to proper resolution of the Commission to issue revenue bonds payable from the rents and revenues of the Commis sion and its projects to provide funds for carrying out the purposes of the Commission, which bonds may be issued in either fully nego tiable coupon form, in which event they shall have all the qualities and incidents of negotiable instruments under the law of Georgia, or they may be issued in whole or in part in non-negotiable fully registered form without coupons, payable to a designated payee or to the registered assigns of the payee with such conversion privil eges as the Commission may provide, for the purpose of paying all or any part of the cost of any project, including the cost of con structing, reconstructing, equipping, extending, adding to, or im proving such project, or for the purpose of refunding, as herein provided, any such bonds of the Commission theretofore issued. Such revenue bonds shall be issued and validated under and in ac cordance with the procedure of the Revenue Bond Law of Georgia, Ga. L. 1937, p. 761, as amended, codified in Ga. Code Ann., Ch. 87-8, providing for the issuance of revenue bonds, and in accordance with all terms and provisions thereof not in conflict herewith and in ac cordance with the Signatures on Public Securities Act, I Ga. L. 1958, p. 689, codified in Ga. Code Ann., Section 87-119, and, as security for the payment of any revenue bonds so authorized, any rents and revenues of the Commission may be pledged and assigned. Such bonds are declared to be issued for an essential public and governmental purpose, and such bonds and all income therefrom shall be exempt from all taxation within the State of Georgia.

"5. CREDIT NOT PLEDGED AND DEBT NOT CREATED BY BONDS. Revenue bonds issued under the provisions hereof shall not constitute a debt or a pledge of the faith and credit of the State of Georgia, the City of Columbus, or Muscogee County, but such bonds shall be payable from the rentals, revenues, earnings, and funds of the Commission as provided in the resolution and trust agreement or indenture authorizing the issuance and securing the

TUESDAY, FEBRUARY 15, 1966

907

payment of such bonds, and the issuance of such bonds shall not directly, indirectly, or contingently obligate the state or said city or county to levy or pledge any form of taxation whatever for the payment thereof. No holder of any bond or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of the state or of said city or county, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon any such property. All such bonds shall contain on their face a recital setting forth substantially the fore going provisions of this section. However, said county or municipali ty may obligate itself to pay the amounts required under any con tract entered into with the Commission from funds received from taxes to be levied and collected for that purpose to the extent necessary to pay the obligations contractually incurred under this section, and from any other source, and the obligation to make such payments shall constitute a general obligation and a pledge of the full faith and credit of the obligor but shall not constitute a debt of the obligor within the meaning of the Constitution of the State of Georgia, Art. VII, Section VII, Paragraph I; and when such obli gation is made to make such payments from taxes to be levied for that purpose, then the obligation shall be mandatory to levy and collect such taxes from year to year in amount sufficient to fulfill and fully comply with the terms of such obligation.

"6. TRUST AGREEMENT. In the discretion of the Commission
any issue of revenue bonds may be secured by a trust agreement or indenture made by the Commission with a corporate trustee which may be any trust company or bank having the powers of a trust company within or without the State of Georgia. Such trust agreement or indenture may pledge and assign rents, fees, charges, revenues, and earnings to be received by the Commission. The reso lution providing for the issuance of revenue bonds and such trust agreement or indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders, including the right of appointment of a receiver upon default of the payment of any principal or interest obligation and the right of any receiver or trustee to enforce collection of any rents, fees, charges, or revenues for use of the project or projects necessary to pay all costs of operation and all reserves provided for, all principal and interest on all bonds in the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the Commission. Such resolution and such trust agreement or indenture may include cove nants setting forth the duties of the Commission in relation to the acquisition of property for and construction of the project and to the custody, safeguarding, and application of all funds and cove nants providing for the operation, maintenance, repair, and in surance of the project or projects and may contain provisions con cerning the conditions, if any, upon which additional revenue bonds may be issued. Such trust agreement or indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in securing bonds and debentures of corporations and may contain such other provisions as the Commission may deem reasonable and proper for the security of the bond holders. All ex-

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JOURNAL OF THE SENATE,

penses incurred in carrying out such trust may be treated as a part of the cost of maintenance, operation, and repair of the project af fected by such trust.
"7. REFUNDING BONDS. The Commission is hereby authoriz ed to provide by resolution for the issuance of revenue bonds of the Commission for the purpose of calling, refunding, or financing any revenue bonds issued under the provisions hereof and then outstand ing, and to include in the amount of such refunding bonds all interest and any call premiums that may be required for the redemption and refunding of such outstanding bonds.

"8. VENUE OF ACTIONS, JURISDICTION. Any action to protect or enforce any rights under the provisions hereof or any action against the Commission brought in the courts of the State of Georgia, shall be brought in the Superior Court of Muscogee County, Georgia, and any action pertaining to validation of any bonds issued under the provisions hereof shall be brought in said court which shall have exclusive, original jurisdiction of such ac tions.
"9. REVENUE BOND VALIDATION. All bonds of the Com mission shall be confirmed and validated in the Superior Court of Muscogee County in accordance with the procedure of the Revenue Bond Law of Georgia, Ga. L. 1937, p. 761, as amended, codified in Ga. Code Ann., Ch. 87-8. The petition for validation shall be brought against said Commission and any municipality, county, and such other contracting party pledged as security for the payment of the revenue bonds sought to be validated, as defendants, and the de fendants shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be adjudicated to be in all respects valid and binding upon such contracting parties. It shall be incumbent upon such defendants to defend against adjudication of the validity and binding effect of such contract or contracts or be forever bound thereby. Notice of such proceedings shall be included in the notice of the validation hearing required to be issued and published by the Clerk of the Superior Court of Muscogee County in which court such validation proceedings shall be initiated. Any resident of the State of Georgia may intervene in the validation proceeding by filing an action or proceeding for such purpose prior to the entry of the judgment of the court validating such bonds and may assert any ground of objection to the validity and binding effect of such bonds and the security therefor and of such contract or contracts and resolution and trust agreement on his own behalf and on behalf of all citizens and residents of the State of Georgia. After the expiration of such period of limitation no right of action or defense founded upon the invalidity of such bonds, resolution, trust instrument, or contracts shall be asserted nor shall the validity and binding effect of such bonds, resolution, trust instrument, or contracts be opened to ques tion or attack in any court upon any ground whatever, except in an action or proceeding commenced and filed to the entry of the decree validating such bonds, and if no exception is filed to the decree validating such bonds within twenty days from the date upon which such decree is entered, or if filed and the judgment shall be affirmed by the proper appellate court of this state, such decree

TUESDAY, FEBRUARY 15, 1966

909

shall be final and no appeal may be taken therefrom and shall be forever conclusive upon the issue of the validity of such contracts and bonds and the security therefor and of such resolution and trust agreement against the Commission issuing the same and against the parties to such contracts and against all residents of the State of Georgia.
"10. INTEREST OF BONDHOLDERS PROTECTED. While any of the bonds issued by the Commission remain outstanding, the powers, duties, or existence of said Commission or of its officers, employees, or agents shall not be diminished, impaired, or affected in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency, or authority shall be created which will compete with the Commis sion so as to affect adversely the interest and rights of the holders of such bonds nor will the State itself so compete with the Com mission. The provisions hereof shall be for the benefit of the Com mission and the holders of any such bonds and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.

"11. REVENUES, EARNINGS, RENTS, AND CHARGES; USE.
"(a) For the purpose of earning sufficient revenue to make possible the financing of the construction of the project or projects of the Commission with revenue bonds, the Commission is authorized and empowered to fix, revise, and collect rents, fees, and charges on each project which is shall cause to be acquired or constructed. Such rentals, fees, or charges to be paid for the use of such project or projects shall be so fixed and adjusted as to provide a fund sufficient with other revenue, if any, of such project or projects or of said Commission:

"(i) to pay the cost of operating, maintaining, and repairing the project or projects, including reserves for insurance and extra ordinary repairs and other reserves required by the resolution or trust agreement or indenture pertaining to such bonds and the is suance thereof unless such cost shall be otherwise provided for;

"(ii) to pay the principal of and interest on such revenue bonds as the same shall become due, including premium, if any, the proceeds of which shall have been or will be used to pay the cost of such project or projects;

"(iii) to comply with any sinking fund requirements contained in the resolution or trust agreement or indenture pertaining to the issuance of and security for such bonds;

"(iv) to perform fully all provisions of such resolution and trust agreement or indenture relating to the issuance of or security for such bonds to the payment of which such rental is pledged;

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JOURNAL OF THE SENATE,

"(v) to accumulate any excess income which may be required by the purchasers of such bonds or may be dictated by the require ments of such resolution or trust agreement or indenture or of achieving ready marketability of and low interest rates on such bonds;
"(vi) to pay any expenses in connection with such bond issue or of such project or projects including but not limited to trustees', attorneys', and fiscal agents' fees.

"(b) Such rental shall be payable at such intervals as may be agreed upon and set forth in the rental contract or lease providing therefor and any such contract or lease may provide for the com mencement of rental payments to the Commission prior to the com pletion of the undertaking by the Commission of any such project, and it may provide for the payment of rental during such times as such project or projects may be partially or wholly untenantable;
"(c) Such rental contract or lease may obligate the tenants or lessees to operate, maintain, and keep in good repair, including complete reconstruction, if necessary, the rented or leased premises and projects regardless of the cause of the necessity of such main tenance, repair, or reconstruction;
"(d) Such rental contract or lease may obligate the tenants or lessees to indemnify and save harmless the Commission from any and all damage to persons and property occurring on or by reason of the leased property or improvements thereon and to undertake, at the expense of the tenants or lessees, the defense of any action brought against the Commission by reason of injury or damages to persons or property occurring on or by reason of the leased premises;
"(e) In the event of any failure or refusal on the part of the tenants or lessees to perform punctually any covenant or obligation contained in any such rental contract or lease, the Commission may enforce performance by any legal or equitable process against the tenants, or lessees;
"(f) The Commission shall be permitted to assign any rental payable to it pursuant to such rental contract or lease to a trustee or paying agent as may be required by the terms of the resolution or trust agreement or indenture relating to the issuance of and security for such bonds;
"(g) The use and disposition of the Commission's revenue shall be subject to the provisions of the resolution authorizing the issu ance of such bonds or of the trust agreement or indenture, if any, securing the same.
"12. SINKING FUND. The revenue, rents, and earnings de rived from any particular project or projects and any and all revenues, rents, and earnings received by the Commission regardless of whether or not such revenues, rents, and earnings were pro-

TUESDAY, FEBRUARY 15, 1966

911

duced by a particular project for which bonds have been issued, un less otherwise pledged, may be pledged by the Commission to pay ment of the principal of and interest on revenue bonds of the Com mission as may be provided in any resolution authorizing the is suance of such bonds or in any trust instrument pertaining to such bonds, and such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or trust instrument and which may be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall become due, (2) the principal of the bonds as the same shall mature, (3) the necessary charges of any trustee or paying agent for paying such principal and interest, and (4) any premium upon bonds retired by call or purchase, and the use and disposition of any sinking fund may be subject to such regulation as may be provided for in the resolution authorizing the issuance of the bonds or in the trust instrument securing the payment of the same.

"13. EXEMPTION FROM TAXATION. The exercise of the powers conferred upon the Commission hereunder shall constitute an essential governmental function for a public purpose, and the Commission shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation and maintenance of property acquired by it or of buildings erected or acquired by it or any fees, rentals, or other charges for the use of such property or buildings or other income received by the Com mission.
"14. IMMUNITY FROM TORT ACTIONS. The Commission shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia, and the officers, agents, and employees o fthe Commission, when in performance of work of the Commission, shall have the same immunity and exemp tion from liability for torts and negligence as the officers, agents, and employees of the State of Georgia. The Commission may be sued the same as private corporations may be sued on any contractural obligation of the Commission.

"15. PROPERTY NOT SUBJECT TO LEVY AND SALE. The property of the Commission shall not be subject to levy and sale under legal process.
"16. TRUST FUNDS. All funds received pursuant to the au thority hereof, whether as proceeds from the sale of revenue bonds or as revenues, rents, fees, charges, or other earnings, or as grants, gifts, or other contributions, shall be deemed to be trust funds to be held and applied solely as provided herein, and the bondholders entitled to receive the benefits of such funds shall have a lien on all such funds until the same are applied as provided for in any such resolution or trust instrument of the Commission.

"17. CONSTRUCTION. This amendment and all provisions, rights, powers, and authority granted hereunder shall be effective,

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JOURNAL OF THE SENATE,

notwithstanding any other provision of this constitution to the con trary, and this amendment and any law enacted with reference to the Commission shall be liberally construed for the accomplishment of its purposes.

"18. EFFECTIVE DATE. This amendment shall be effective immediately upon proclamation of its ratification by the Governor.

"19. GENERAL ASSEMBLY. This amendment is self enacting and does not require any enabling legislation for it to become effec tive. However, the General Assembly may, by law, further define and prescribe the powers and enlarge and restrict the same and may, likewise, further regulate the management and conduct of the Commission. The Commission shall be an instrumentality of the State of Georgia ,and the scope of its operation shall be limited to the territory embraced within the corporate limits of Muscogee County, as the same now or may hereafter exist.

"20. CONVEYANCE OF PROPERTY UPON DISSOLUTION. Should said Commission for any reason be dissolved after full pay ment of all bonded indebtedness incurred hereunder, both as to principal and interest, title to all property of any kind and nature, real and personal, held by the Commission at the time of such dissolution shall be conveyed to Muscogee County or to the City of Columbus, or both, in such manner that the interest conveyed to each shall be that part of the whole which the amount of rent paid on such property by such grantee shall bear to the whole amount of rent paid on such property, or in such manner or may be agreed upon by the City of Columbus and Muscogee County, or title to any such property may be conveyed prior to such dissolution in ac cordance with provisions which may be made therefor in any resolu tion or trust instrument relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in re spect to said property at the time of such conveyance."

SECTION 2
When the above proposed amendment shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of the State 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 create the Columbus and Muscogee County Building Commission

TUESDAY, FEBRUARY 15, 1966

913

and to provide for powers, authority, limitations, funds, purposes, and procedures connected therewith and to NO ( ) authorize the Commission to issue its bonds and to provide the method and manner of such issuance and validation and the effect thereof."

All persons desiring to vote in favor of 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 the constitution, it shall become a part of the constitution of this state. The returns of the election shall be made in like manner as returns for elections for mem bers of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall issue his proclamation thereon.

The Committee on County and Municipal Governments offered the following amendment:
By striking from the title thereof the following:
"and for use by such other agencies, authorities, departments, and political subdivisions of the State of Georgia or of the United States of America, as may contract with the Commission for the use of such facilities;",
and
"and other agencies, authorities, departments, and political sub divisions of the State of Georgia",
and "or of any other political subdivision of the State of Georgia".
By striking from Paragraph 1. in Section 1 the following:
"and for use by such other agencies, authorities, departments, and political subdivisions of the State of Georgia and of the United States of America as may contract with the Commission for the use of such facilities,".
By striking from Paragraph 3. (b) in Section 1 the following:
"and buildings and facilities intended for use by any division, department, institution, authority, agency, or political subdivision of the State of Georgia of the United States of America."
By striking from Paragraph 4. (c) in Section 1 the following:

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"and for use of any division, department, institution, authority, agency, or political subdivision of the State of Georgia or of the United States of America, and all divisions, departments, institu tions, authorities, agencies, municipalities, counties, and political subdivisions of the State of Georgia are hereby authorized to enter into such contracts, leases, or agreements with the Commission upon such terms and for such purposes as they determine to be advisable;"
and
"and to any division, department, institution, agency, authority, or political subdivision of the State of Georgia",
and
"and any division, department, institution, agency, authority, or political subdivision of the State of Georgia may obligate itself to pay an agreed sum for the use of such property".
By striking Paragraph 5 in Section 1. in its entirety and inserting in lieu thereof a new Parargaph 5 to read as follows:
"'5. Credit Not Pledged And Debt Not Created By Bonds. Revenue bonds issued under the provisions hereof shall not con stitute a debt or a pledge of the faith and credit of the State of Georgia, the City of Columbus, or Muscogee County, but such bonds shall be payable from the rentals, revenues, earnings, and funds of the Commission as provided in the resolution and trust agreement or indenture authorizing the issuance and securing the payment of such bonds, and the issuance of such bonds shall not directly, in directly, or contingently obligate the state or said city or county to levy or pledge any form of taxation whatever for the payment thereof. No holder of any bond or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of the state or of said city or county, nor shall any such bond constitute a charge, lien or encumbrance, legal or equitable, upon any such property. All such bonds shall contain on their face a recital setting forth substantially the foregoing provi sions of this section. However, said county or municipality may obligate itself to pay the amounts required under any contract entered into with the Commission from funds received from taxes to he levied and collected for that purpose to the extent necessary to pay the obligations contractually incurred under this section, and from any other source, and the obligation to make such payments shall constitute a general obligation and a pledge of the full faith and credit of the obligor but shall not constitute a debt of the obli gor within the meaning of the Constitution of the State of Georgia, Art. VII, Section VII, Paragraph I; and when such obligation is made to make such payments from taxes to be levied for that pur pose, then the obligation shall be mandatory to levy and collect such taxes from year to year in amount sufficient to fulfill and fully comply with the terms of such obligation.' "
By striking from Paragraph 9 in Section 1. the following:
"The petition for validation shall be brought against said Com mission, and in the event the payments to be made by any depart-

TUESDAY, FEBRUARY 15, 1966

915

ment or agency of the United States of America, if such depart ment or agency is subject to be sued, or by any municipality, coun ty, authority, instrumentality, or political subdivision of the State of Georgia under a contract entered into between the Commission and such other contracting party are pledged as security for the payment of the revenue bonds sought to be validated, such other contracting party or parties shall also be made a party or parties defendant, and the defendants shall be required to show cause, if any exists, why such contract or contracts and the terms and condi tions thereof should not be adjudicated to be in all respects valid and binding upon such contracting parties.'",

and inserting in lieu thereof the following:

"The petition for validation shall be brought against said Com mission and any municipality, county, and such other contracting party pledged as security for the payment of the revenue bonds sought to be validated, as defendants, and the defendants shall be required to show cause, if any exists, why such contract or con tracts and the terms and conditions thereof should not be adjudi cated to be in all respects valid and binding upon such contracting parties."

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 as amended, was agreed to.

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

Those voting in the affirmative were Senators:

Adams Ballew Bateman Broun Carter Coggin Dean Downing Edenfield Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

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 Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Yancey Young

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JOURNAL OF THE SENATE,

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

On the adoption of the resolution, the ayes were 49, nays 0.

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

HE 43. By Mr. Rush of the 75th:

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the election of the members of the Board of Education of Tattnall County; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SECTION 1

Article VIII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following paragraph:

"The General Assembly is authorized to provide by law for the election of the members of the Board of Education of Tattnall Coun ty by the electors thereof and to provide for all of the necessary procedures connected therewith, including the qualifications of the members and the manner in which they shall be elected."

SECTION 2

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

"YES ( NO (

) Shall the Constitution be amended so as to authorize ) the General Assembly to provide for the election
of the members of the Board of Education of Tatt nall County by the people ? "

TUESDAY, FEBRUARY 15, 1966

917

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 to the Gov ernor, 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 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

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 Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

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

HR 52. By Mr. Wells of the 30th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the election of the members of

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JOURNAL OF THE SENATE,

the Board of Education of Oglethorpe County by the people; to provide for the procedure connected therewith; to provide for the appointment of the county school superintendent of Oglethorpe County by the Board; to provide for the submission of this amendment for ratification or re jection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA.
SECTION 1

Article VIII, Section V, Paragraph I of the Constitution, relating to county boards of education, as amended, is hereby amended by adding at the end thereof the following:

"The Board of Education of Oglethorpe County shall be com posed of five members who shall be elected by the voters of the entire county. The terms, compensation, manner of election, time of election, method of filling vacancies, powers, duties, authority and all other matters relative to said Board, including the creation of education districts, shall be provided by law.

"The Board shall appoint the county school superintendent who shall have such qualifications, powers and duties as may be pro vided by law. The present county school superintendent of the Ogle thorpe County school system shall continue to serve until the ex piration of his term of office and until his successor is appointed and qualified.

"The General Assembly may provide by local law for all mat ters relative to the Oglethorpe County School system, the board of education thereof, and the county school superintendent thereof. The General Assembly may provide in such local law that such pro visions of general law as deemed advisable, relative to county boards of education and county school superintendents and county school systems, shall be applicable to the system, board and superinten dent created herein. Even though the system and the board and the superintendent thereof shall not replace the present system, board and superintendent until January 1, 1969 the General Assembly is hereby authorized to provide for such matters that shall be necessary prior to that date, such as the election of members, ap pointment by the board of the superintendent and other necessary or related matters. The General Assembly is hereby authorized to amend any local law enacted pursuant to this amendment. Until such time as the necessary legislation is enacted by the General Assembly to implement this amendment, the present school system in Oglethorpe County and the offices connected therewith shall con tinue to exist in the same manner as if this amendment had not been ratified."
SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two

TUESDAY, FEBRUARY 15, 1966

919

branches of the General Assembly, and the same has been entered with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Para graph 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 authorize ) the General Assembly to provide by law for the
election of the members of the Board of Education of Oglethorpe County by the people and to provide for the procedure connected therewith and to provide for the appointment of the county school superintendent of Oglethorpe County by the Board?"

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 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

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 Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Yancey Young

920

JOURNAL OF THE SENATE,

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

On the adoption of the resolution, the ayes were 49, nays 0.

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

HE 73. By Messrs. Wilson and Henderson of the 102nd, and McDaniell and Howard of the 101st:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to establish a county manager form of county gov ernment, without regard to uniformity, for Cobb County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VI, Section XVII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The General Assembly is hereby authorized to provide by law, without regard to uniformity, a county manager form of county government for Cobb County."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been 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 1, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to establish a county manager
NO ( ) form of county government, without regard to uniform ity, for Cobb County?"

TUESDAY, FEBRUARY 15, 1966

921

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 Ballew Bateman Broun Carter Coggin Dean Downing Edenfield Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Lee Logging Maclntyre Miller Moore McGill Noble

Owens Padgett Pennington Plunkett Rowan Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

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

HR 76. By Mr. Lambert of the 38th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for an additional two members of the Board of Education of Morgan County;

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JOURNAL OF THE SENATE,

to provide for the submission of this amendment for ratification or re jection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
SECTION 1

Article VIII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following paragraph:

"The Board of Education of Morgan County shall be composed of seven members. The present members of the Board, serving at the time of the ratification of this amendment, shall continue to serve out the terms to which they were appointed and their suc cessors shall be selected as provided for above. The additional mem bers of the Board provided by this amendment shall be selected in the manner provided for above by the first Grand Jury of Morgan County which convenes after the ratification of this amendment. One of the additional members shall be appointed for an initial term of office of five years and until his successor is selected and qualified and one member shall be appointed for an initial term of office for four years and until his successor is selected and qualified. There after the successors to the initial appointments of the additional members of the Board shall be selected for terms of office of five years and until their successors are selected and qualified."

SECTION 2

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

"YES ( ) Shall the Constitution be amended so as to add two NO ( ) additional members to the Board of Education of Morgan County?"

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.

TUESDAY, FEBRUARY 15, 1966

923

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 Pincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

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 Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 85. By Mr. Dickinson of the 27th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to create an industrial development authority for the City of Douglasville and Douglas County; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article V, Section IX, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

924

JOURNAL OF THE SENATE,

"There is hereby created a body corporate and politic to be known as the 'Douglasville-Douglas County Development Authori ty' 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 and embraced by Douglas County and the corporate limits of the City of Douglasville. The City and County may contract with the Authority as a public corporation as pro vided by the Constitution of Georgia.

"The members of the Authority, their qualifications, terms and method of election or appointment shall be prescribed by law by the General Assembly. The Authority shall have such duties, powers, and authority as shall be prescribed by law and the General As sembly may pass all other necessary legislation for the implementa tion of this amendment.

"The Authority shall be authorized and entitled to issue deben tures and revenue bonds in accordance with the provisions of the Constitution and the laws of Georgia; and all lands and improve ments thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority shall be exempt from State and local taxation. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Au thority.
"Douglas County and the City of Douglasville are respectively authorized to appropriate to the Authority such amount from their funds each year as each governing authority shall determine to be appropriate, and all funds so appropriated when paid to the Authori ty shall become a part of its funds and may be used by the Authority in accordance with its powers and purposes as herein stated or as may be hereafter defined by law.

"The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and the interest of the obligations of the City of Douglasville and Douglas County. This tax immunity shall not include exemptions from sales and use taxes on property pur chased by the Authority or for use by the Authority.

"Said Authority is created for the purpose of developing, pro moting and expanding for the public good and general welfare, in dustry, agriculture, commerce, natural resources, and vocational training and for the making of long range plans for the coordina tion of such development, promotion and expansion within its terri torial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, Douglas County or the City of Douglasville. The Authority is creted for nonprofit purposes and all property acquired by the Authori ty and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created.

"No building or facility acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons,

TUESDAY, FEBRUARY 15, 1966

925

firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than 30 years from the day of transfer of possession. The lessee or purchaser shall be required to pay all cost of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the pur pose, to retire all indebtedness, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to create NO ( ) a Douglasville-Douglas County Industrial Develop
ment Authority ? "
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 Ballew Bateman

Broun Carter Coggin

Dean Downing Edenfield

926
Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory Hall Hill Holley Holloway Jackson Johnson of 42nd

JOURNAL OP THE SENATE,

Johnson of 38th Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Moore McGill Noble Owens Padgett Pennington

Plunkett Rowan Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted,
HR 89. By Mr. Harrison of the 98th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Camden County Development Authority; to provide for powers, authori ty, funds, purposes and procedures connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in the County of Camden to be known as the Camden Development Authority, Woodbine, Georgia, which shall be an instrumentality of Camden County and a public corporation and which in this amendment is hereafter referred to as the 'Authority'.
B. The Authority shall consist of seven members who shall serve for a term of four, three and two years and who shall be eligi-

TUESDAY, FEBRUARY 15, 1966

927

ble for reappointment. The original seven members shall serve terms of three for four years, two for three years and two for two years. They shall be 0. P. Middleton, Si., R. L. Edenffeld, K. L. Harrison, each to serve four years; Claude L. Miller, Jr., Richard L. Daley, each to serve three years; Harold C. Rogers, Walter C. Merck, each to serve two years. The subsequent members shall be appointed by the Camden County Commissioners for terms of four years each and until their successors are appointed and qualified. Vacancies shall be filed for the unexpired term by the Authority. A majority of the members shall constitute a quorum and majority may act for the Authority in any matter. No vancancy shall impair the power o fthe Authority to act.

C. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Camden County.
The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. The right of any private person to use or occupy any real estate of the Authority for a period of one year or longer under any lease or other agreement for the purposes of taxation shall be classed as an interest in the real estate and as real property and shall be taxed as real property as now provided by law, or may be taxed as the General Assembly may hereafter provide by general or local law. The tax exemption herein provided also shall not include exemption from sale and use taxes on property purchased by the Authority or for use of the Authority.
D. The powers of the Authority shall include but not be limited to, the power:
(1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings, and property of all kinds within Camden County.

(2) To receive and administer gifts, grants and donations and to administer trusts.
(3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations operating or proposing to operate any industrial plant or establishment with in Camden County. The provisions of this clause shall not be con strued to limit any other power of the Authority.

(4) To borrow money and to issue notes, bonds and revenue certificates therefor and to sell, convey, mortgage, pledge and as sign any and all of its funds, property and income as security therefor.
(5) To contract with Camden County and other political sub divisions and with private persons and corporations and to sue and be sued in its corporate name.

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JOURNAL OF THE SENATE,

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

(7) To encourage and promote the expansion of industry, agri culture, trade, commerce and recreation in Camden County, and to make long-range plans therefor.

(8) To exercise such other powers and duties as may be dele gated to it by the Camden County Commissioners.

(9) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested.

(10) To designate officers to sign and act for the Authority generally or in any specific matter.

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

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

F. The Authority shall have the same immunity and exemption from liability from torts and negligence as the State of Georgia and the officers, agents and employees of the Authority, when in performance of the work of the Authority, shall have the same im munity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in per formance of their public duties or work of the State. The Authori ty may be sued the same as private corporations on any contractual obligation of the Authority.

G. The members of the Authority shall receive only such com pensation for their services to the Authority as shall be authorized by the Authority and approved by the Board of Commissioners and such compensation shall be paid from funds of the Authority.

H. The County of Camden is authorized to levy an annual tax, not to exceed three mills, on all taxable property within the County for the support of the Authority and for its use and purposes, and all funds raised by such tax shall be paid to the Authority, shall become a part of its funds and may be used by it for any of its purposes and powers as herein stated or as may be hereafter pro vided by law, which tax shall be in addition to all other taxes au thorized by law.

TUESDAY, FEBRUARY 15, 1966

929

I. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authori ty and the procedure of validation, issuance and delivery shall be in all respect in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, Ga. Code Ann., Supp., Chapter 87-8, as if said obligation had been originally authorized to be issued there under; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agree ment or indenture not in conflict with the provisions of this amend ment to provide security for any bond issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing here in containted shall be construed to authorize said Authority to issue any bond resulting in the creation of a lien against the tax digest of Camden County.
J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payments of the obligation.

K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Camden County and its citizens, industry, agriculture, trade, commerce and recrea tion within Camden County and making long-range plans for such development and expansion. This amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose.
L. This amendment shall be effective immediately upon procla mation of its ratification by the Governor.

M. The General Assembly may by law further define and pre scribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority.

N. There shall be no limitations upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of Camden County or the State of Georgia."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two

930

JOURNAL OF THE SENATE,

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 create NO ( ) the Camden County Development Authority and to
provide for powers, authority, funds, purposes and procedures connected therewith?"

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 Ballew Bateman Broun Carter Coggin Dean Downing Edenfield Eldridge
Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

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 Searcey Smalley Smith Spinks Thompson
Tribble Ward Webb Yancey Young

TUESDAY, FEBRUARY 15, 1966

931

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

On the adoption of the resolution, the ayes were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HE 97. By Mr. Reaves of the 99th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Brooks County Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution, relating to the taxing power and restriction of contributions of counties, cities and political divisions, is hereby amended by adding at the end thereof the following:
"There is hereby created a body corporate and politic to be known as the 'Brooks County Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced by Brooks County. The County of Brooks may contract with the Authority as a public corporation as provided by the Constitution of Georgia.
"Brooks County is authorized to levy a tax on all the taxable property therein not to exceed one mill for the purpose of securing a fund to be set aside and used by said Authority for the general purposes hereinafter prescribed.
"The members of the Authority, their qualifications, terms, and the method of election or appointment shall be prescribed by law by the General Assembly. The Authority shall have such duties, powers, and authority as shall be prescribed by law and the General Assembly may pass all other necessary legislation for the imple mentation of this amendment.
"All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, shall be exempt from State and local

932

JOURNAL OP THE SENATE,

taxation. The exemptions from taxation herein provided shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority.

"Said Authority is created for the purpose of developing, pro moting, and expanding, for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for the making of long-range plans for the coordina tion of such development, promotion and expansion within its terri torial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia or the County of Brooks. The Authority is created for non-profit pur poses and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created."

SECTION 2

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

"YES ( ) Shall the Constitution be amended so as to create NO ( ) the Brooks County Development Authority?"

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:

TUESDAY, FEBRUARY 15, 1966

933

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 Gregory

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 Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 98. By Messrs Harris and Vaughan of the 14th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to create the Adairsville Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in the City of Adairsville in Bartow County to be known as the Adairsville Development Authority, which shall be an instrumentality of the City of Adairsville and a public corporation and which in this amendment is hereafter referred to as the 'Authority';

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JOURNAL OF THE SENATE,

"B. The Authority shall consist of five members who shall serve for a term of five years and who shall be eligible for reappointment. The members shall be appointed by the Mayor and Council of the City of Adairsville. The first members shall be ap pointed for terms of one, two, three, four and five years, and there after their successors shall be appointed for terms of five years. Vacancies shall be filled for the unexpired term by the Mayor and Council. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. The members shall elect one from among themselves to serve as chairman from year to year. No vacancy shall impair the power of the Authority to act;
"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of the City of Adairsville, Georgia. The tax exemption herein provided shall not include exemption from sale and use taxes on property purchased by the Authority or for use of the Authority;

"D. The powers of the authority shall include, but not be limited to, the power:
"(1) To receive and administer gifts, grants and donations and to administer trusts;
"(2) To borrow money, to issue notes, bonds and revenue cer tificates, to execute trust agreements or indentures, and to sell, con vey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;

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

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

"(5) To encourage and promote the expansion and develop ment of industrial and commercial facilities in the City of Adairs ville and within a radius of 7 miles as measured from the center of said city, but not to exceed the limits of Bartow County, Geor gia, so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within aforesaid territorial limits suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machiney and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a

TUESDAY, FEBRUARY 15, 1966

935

building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, reno vating, reconstructing, furnishing and equipping of such building;

"(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking.
"(7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

"(8) To designate officers to sign and act for the Authority generally or in specific matter;

"(9) To do any and all acts and things necessary or con venient to accomplish the purpose and powers of the Authority as herein stated.
"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Geor gia, Bartow County, or City of Adairsville.

"P. The members of the Authority shall receive no compensa tion for their services to the Authority;
"G. In order to finance any undertaking with the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authori ty and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761), as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued there under; provided, however, that any property, real or personal of the Authority may be pledged, mortgaged, conveyed, assigned, hypothe cated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of either Bartow County or the City of Adairs ville to pay any of the said obligations of said Authority.

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JOURNAL OF THE SENATE,

"H. The Authority may authorize additional bonds, for ex tensions and permanent improvements to any industrial building ac quired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issued as may be provided in the authorizing proceedings.

"I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that:

"(1) The undertaking for which the bonds are to be issued will increase employment within the territorial limits herein desig nated.
"(2) The lessee or purchaser of the building or buildings in volved will not by virtue of establishing operations in said terri torial limits, reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia.

"J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or cor porations shall at any time be used for entertainment, or other promotional expenses.
"K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to the City of Adairsville subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time.
"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare, industry and trade in the City of Adairsville and its vicinity and reducing unemploy ment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally con strued for the accomplishment of these purposes.

"M. This amendment shall be effective immediately upon proc lamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation.
"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of the City of Adairsville and the scope of its operations shall be limited to the territory em braced within said city and within a radius of 7 miles as measured from the center of said city, but not to exceed the limits of Bartow County, Georgia. The General Assembly shall not extend the juris diction of the Authority nor the scope of its operations beyond such limits."

TUESDAY, FEBRUARY 15, 1966

937

SECTION 2

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

"YES ( ) Shall the Constitution be amended so as to create NO ( ) the Adairsville Development Authority?"
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 Ballew Bateman Broun Carter Coggin Dean Downing Edenfield Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

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 Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Yancey Young

938

JOURNAL OF THE SENATE,

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

On the adoption of the resolution, the ayes were 49, nay 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 113. By Mr. Harrison of the 98th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the City of Woodbine Development Authority; to provide for powers, au thority, funds, purposes and procedures connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic to be known as the 'City of Woodbine Development Authority', herein after referred to as the 'Authority', which shall be an instrumentali ty of the State of Georgia and a public corporation.
"B. The Authority shall consist of 5 members who shall be appointed by the governing authority of the City of Woodbine. The first members appointed to the Authority shall be appointed for terms of 1, 2, 3, 4 and 5 years respectively. The governing authority shall designate the term of office of each of the first members of the Authority when making the appointment. Thereafter, the terms of all members shall be for 5 years each and until their successors are appointed and qualified. Vacancies for unexpired terms shall be filled in the same manner as appointments. A majority of the mem bers shall constitute a quorum and may act for the Authority in any matter which may come before the Authority. No vacancy shall impair the power of the Authority to act.
"C. The members of the Authority shall elect one of their mem bers as Chairman and another as Vice-Chairman, and shall also elect a Secretary and Treasurer or a Secretary-Treasurer. The members shall receive no compensation for their services. The Au thority shall make by-laws and regulations for its government and may delegate to one or more of its members or its officers, agents,

TUESDAY, FEBRUARY IB, 1966

939

and employees such powers and duties as may be deemed necessary and proper. The Authority shall have perpetual existence as here inafter provided.

"D. The property obligations and the interest obligations of the Authority shall have the same immunity from taxation as the prop erty obligations and interest on the obligations of the City of Woodbine. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. The exemptions from taxation herein provided shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority.
"E. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context:
(1) The word 'Authority' shall mean the 'City of Woodbine Development Authority', created hereby.
(2) The word 'project' shall be deemed to mean and include property, real or personal, acquired or held by the Authority for the assistance, promotion, establishment or development of a new industry or industries, or the assistance, promotion or expansion of existing industry, trade or commerce in the City of Woodbine, or any combination thereof, the acquisition of any such property for any such purpose or purposes; the improvement of any such prop erty or properties; or the construction, installation or expansion of one or more buildings, plants, or articles of equipment for the purpose of using, selling, donating, leasing or renting such land, properties, improvements, structures or equipment to public or private persons, firms, corporations or assocations for such pur poses.
(3) The term 'cost of project' shall embrace: the cost of lands, buildings, improvements, machinery, equipment, properties, ease ments, rights, franchises, materials, labor and services acquired or contracted for; the cost of financing charges or interest prior to and during construction; architectural, accounting, engineering, inspection, fiscal or legal expenses; cost of plans or specifications; or any other expenses necessary or incident to construction or im provements, or to determining the feasibility or practicability of the project, administrative expenses, or the acquisition, construction, equipping or operating of any project or any part thereof.
"F. The Authority shall have all the powers necessary or con venient to carry out and effectuate the purposes and provisions of this amendment, including but without limiting the generality of the foregoing, the power:
(1) to sue and be sued;
(2) to adopt and amend a corporate seal;

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JOURNAL OF THE SENATE,

(3) to make and execute contracts and other instruments necessary to exercise the powers of the Authority, any of which contracts may be made with the State of Georgia, any instrumentali ty thereof, any county or any municipality thereof, and any other political subdivision and with private persons, firms, corporations and associations;

(4) to receive and administer gifts, grants, and devises of any property and to administer trusts;

(5) to acquire by purchase, gift or construction of any real or personal property desired to be acquired as part of any project or for the purpose of improving, extending, adding to, reconstructing, renovating or remodeling any project or part thereof already ac quired, or for the purpose of demolition to make room for such project or any part thereof;

(6) to sell, lease, exchange, transfer, assign, pledge, mortgage or dispose of, or grant options for any such purposes, any real or personal property or interest therein;

(7) to mortgage, pledge, or assign any revenues, income, tolls, charges or fees received by the Authority;

(8) to issue bonds for the purposes of providing funds for carry ing out the purpose of the Authority;

(9) to appoint officers and retain agents, engineers, attorneys, fiscal agents, accountants and employees and to provide their com pensation and duties;

(10) to construct, acquire, own, repair, remodel, maintain, ex tend, improve, and equip projects located on land owned or leased by the Authority, and to pay all or part of the cost of any such project from the proceeds of revenue-anticipation bonds of the Au thority or from any contribution or loans by persons, firms or corporations, or any other contribution, all of which the Authority is hereby authorized to receive and accept and use;

(11) to issue revenue-anticipation bonds for the purpose of pay ing all or any part of the cost of any project, including the cost of extending, adding to, or improving such project, or for the pur pose of refunding any such bonds of the Authority theretofore issued. Such revenue-anticipation bonds shall be issued and validated under and in accordance with the applicable provisions of the Act of the General Assembly of 1937 (Ga. Laws 1937, pp. 761-774), as amended, providing for the issuance of revenue-anticipation bonds. As security for the payment of any revenue-anticipation bonds so authorized, any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated, or otherwise encumbered and the Authority may execute any trust agreement or indenture containing any proviisons not in conflict with law for the security of such bonds, which trust agreement or indenture may

TUESDAY, FEBRUARY 15, 1966

941

provide for foreclosure or forced sale of any property of the Au thority upon default on such bonds either in payment or principal or interest or upon default in the performance of any term or con dition contained in such agreement of indenture. The State of Geor gia in behalf of the State and the City of Woodbine hereby waives any right the State or the City of Woodbine may have to prevent the forced sale or foreclosure of any property of the Authority so mortgaged or encumbered and any such mortgage or encumbrance may be foreclosed in accordance with law and the terms hereof. For purposes of the aforesaid judicial validation, the Authority shall be regarded as being located in Camden County, and the Superior Court of Camden County shall have jurisdiction and the requisite notices shall be published in Camden County. If no exception is filed to the decree validating such bonds within twenty days from the date upon which such decree is entered, such decree shall be final and no appeal may be taken therefrom;

(12) to do all things necessary or convenient to carry out the powers expressly conferred by this amendment.

"G. The governing authority of the City of Woodbine is hereby authorized to levy an annual ad valorem tax on all taxable property located within the corporate limits of said city not to exceed 3 mills and to transfer the funds produced by such levy to the City of Woodbine Development Authority to be used by said Authority for industrial development purposes in general.

"H. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents, and employees of the Authority when in the performance of the work of the Authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of the State of Georgia when in the performance of their public duties of work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority.

"I. The property of the Authority shall not be subject to levy and sale under legal process except such property, income, or funds as may be pledged, assigned, mortgaged, or conveyed to secure an obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation.

"J. This amendment is adopted for the purpose of promoting and expanding the public good and welfare and industry and trade within the territorial limits of the City of Woodbine and reduce unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liber ally construed for the accomplishment of these purposes.
"K. The General Assembly may by law further define and prescribe the powers and duties of the Authority and exercise thereof, and may enlarge and restrict the same, and may likewise

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further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of the State of Georgia, and the scope of its operations shall be limited to the territory embraced within the City of Woodbine. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its opera tions beyond the limits of the City of Woodbine.

"L. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of the State of Georgia, or the City of Woodbine.

"M. Should said Authority for any reason be dissolved, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to the City of Woodbine subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time.
"N. This amendment shall be self-executing and effective im mediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty days after such proclamation."

SECTION 2

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

"YES ( ) Shall the Constitution be amended so as to create the City of Woodbine Development
NO ( ) Authority?"

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 returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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

TUESDAY, FEBRUARY 15, 1966

943

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 51st Fincher of 54th
Flowers Foster Gayner Gillis
Gregory

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 Searcey Smalley Smith
Spinks Thompson Tribble Ward
Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 114. By Mr. Floyd of the 7th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Chattooga County Development Authority; to provide for powers, au thority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
That the Constitution of the State of Georgia as heretofore amended, is hereby further amended by adding at the end of Article VII, Section V,

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JOURNAL OF THE SENATE,

Paragraph I the following paragraphs, to be appropriately numbered, which shall read as follows:

"A. There is hereby created a body corporate and politic in Chattooga County to be known as the Chattooga County Develop ment Authority, which shall be an instrumentality of the State of Georgia and Chattooga County and a public corporation and which in this amendment is hereafter referred to as the 'Authority';

"B. The Authority shall consist of five members. The Com missioner of Roads and Revenues for Chattooga County shall ap point one member, the Mayor and Council of the City of Summerville shall appoint one member; the Mayor and Council of the City of Trion shall appoint one member; the Mayor and Council of the City of Menlo shall appoint one member and the Mayor and Council of the City of Lyerly shall appoint one member. All members shall serve for four-year terms and may succeed themselves. Said mem bers shall have control, duties, powers and authority as are hereby conferred and as may be prescribed or provided for by the General Assembly, and such additional powers as may be delegated to the Authority by Chattooga County. Members of the Authority shall be residents of Chattooga County. The Authority shall elect a chairman, a vice-chairman and a secretary-treasurer. The secretary-treasurer shall not be required to be a member of the Authority. A majority of the members shall constitute a quorum and a majority may act for the Authority in any manner.;

"C. All property or income the title to which is vested in the Authority and all debentures, notes, bonds and revenue bonds or obligations issued by the Authority shall have the same immunity from taxation within the State of Georgia as property, income and obligations and interest on the obligations of Chattooga County. The exemptions from taxation herein provided shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority.;

"D. The powers of the Authority shall include, but not be limited to, the power:

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

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

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

"(4) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the

TUESDAY, FEBRUARY 15, 1966

945

power to appoint and hire officers, agents and employees and to provide their compensation and duties; which officers and agents
may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;

"(5) To encourage and promote the expansion and development of industrial and commercial facilities in Chattooga County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Chattooga County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnish ings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the ac quisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building;

"(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking;
"(7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

"(8) To designate officers to sign and act for the Authority generally or in any specific matter;

"(9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.
"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Geor gia or Chattooga County.

"F. The members of the Authority shall receive no compensation for their services to the Authority;

"G. In order to finance any undertaking within the scope of its power or to refund any bonds or obligations then outstanding, the Authority is hereby authorized to issue bonds bearing a rate or rates of interest and maturing in the years and amounts determined

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JOURNAL OP THE SENATE,

by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as now or hereafter amended, and the validation shall have the same force and effect as if said obligations had been originally authorized to be issued thereunder. Any property, real or personal, in existence or anticipated, of the Au thority may be pledged, mortgaged, conveyed, assigned, hypothe cated or otherwise encumbered as security for the payment of said bonds. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing contained herein shall be construed to create a right to compel any exercise of the taxing power of Chattooga County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Chattooga County.
"H. No monies derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expense.
"I. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to the municipalities of Summerville, Trion, Menlo, Lyerly and to Chat tooga County, subject to any mortgages, liens, leases or other encum brances outstanding against or in respect to said property at that time.
"J. The Authority, in exercising the powers in the manner herein granted, is hereby deemed and declared to be a public corporation and an instrumentality of purely public charity performing an essential governmental function in behalf of Chattooga County. This amendment is adopted for the purpose of promoting and ex panding for the public good and welfare, industry and trade within Chattooga County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes.

"K. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first mem bers of the Authority shall be appointed within thirty days after such proclamation.

"L. The General Assembly may by law further define and pre scribe the powers and duties of the Authority and the exercise there of, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Au thority shall be an instrumentality of the State of Georgia and

TUESDAY, FEBRUARY 15, 1966

947

Chattooga County and the scope of the operations of the Authority shall be limited to the territory embraced within said County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Chattooga County."
SECTION 2

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

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

"YES ( ) Shall the Constitution be amended so as to create the NO ( ) Chattooga County Development Authority?"

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 Ballew Bateman Broun Carter Coggin Dean Downing Edenfield

Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory Hall

Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick

948
Lee Loggins Maclntyre Miller Moore McGill Noble Owens

JOURNAL OF THE SENATE,

Padgett Pennington Plunkett Rowan Searcey Smalley Smith Spinks

Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 115. By Mr. Crowe of the 80th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Worth County Industrial Development Authority; to provide for powers, authority, funds, purposes and procedures connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in Worth County to be known as the 'Worth County Industrial Develop ment Authority' hereinafter referred to as the 'Authority', which shall be an instrumentality of Worth County and a public corpora tion.
"B. The Authority shall consist of seven (7) members who shall serve for a term of four (4) years each and who shall be eligible for reappointment. The members shall be appointed by a majority of the Commissioners of Roads and Revenues of Worth County, and the members may be residents of any area of Worth County. The first members of the Authority shall be appointed for terms of two for one year; two for two years; two for three years and one for four years and until their successors are elected and qualified. The Board of Commissioners of Roads and Revenues of

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949

Worth County shall designate the terms of office of the first members when making the appointment. Thereafter, the terms of office of all members shall be for four (4) years and until their successors are elected and qualified. Vacancies shall be filled for the unexpired term by the said Board of Commissioners of Roads and Revenues. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. No member of the Authority may be a member of the Board of Commissioners of Roads and Revenues of Worth County, but there shall be no other disqualification to hold public office by reason of membership on the Authority.
"C. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Worth County.
"D. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. The right of any private person to use or occupy any real estate of the Authority for a period of one year or longer under any lease or other agreement for the purpose of taxation shall be classed as an interest in the real estate and as real property and shall be taxed as real property as now provided by law, or may be taxed as the General Assembly may hereafter provided by general or local law. The tax exemption herein provided also shall not include exemption from sale and use taxes on property purchased by the Authority or for use of the Au thority.
"E. The powers of the Authority shall include but not be limited to, the power:
(1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within the limits of Worth County;

(2) To receive and administer gifts, grants and donations and to administer trusts;
(3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations operating or promising to operate any industrial plant or establishment within Worth County which in the judgment of the Authority will be a benefit to the people of said County. The provisions of this clause shall not be construed to limit any other power of the Authority;

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

(5) To contract with Worth County and other political sub divisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;

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

(7) To encourage and promote the expansion and development of industry, agriculture, trade, and commerce and the facilities there for in Worth County, and to make long-range plans therefor, to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Worth County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, in cluding the demolition of existing structures, or through the ac quisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building. No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking;
(8) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

(9) To designate officers to sign and act for the Authority generally or in any specific matter;
(10) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated;
"F. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Worth County.
"G. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in per formance of the work of the Authority, shall have the same im munity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The

TUESDAY, FEBRUARY 15, 1966

951

Authority may be sued the same as private corporations on any contractual obligation of the Authority.

"H. The members of the Authority shall receive no compensation for their services of the Authority.

"I. The Authority, with the consent of the Board of Commission ers of Roads and Revenues of Worth County and to carry out purpose of this amendment is hereby authorized to issue Revenue Bonds bearing rate or rates of interest and maturity at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761), as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encum bered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure, or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Bonds, thus issued, shall be paid first from the income of the Authority. In the event such income is not sufficient to pay the principal and interest of such Revenue Bonds, as they mature, then the Commissioners of Roads and Revenues are authorized and required to provide the additional funds necessary to make such payment, and for this purpose the said Commissioners are authorized to levy an annual tax on all taxable property within the county provided such tax shall not exceed two mills.

"J. The Commissioners of Roads and Revenues are also au thorized in addition to the tax provided in Paragraph I, to appro priate to the Authority such amount from its funds each year as it shall see fit, and any funds so appropriated when paid to the Authority shall become a part of the funds of the Authority and may be used for the purposes as herein stated or as may hereafter be defined by law.

"K. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation.

"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Worth County and its citizens, industry, agriculture and trade within the County of Worth, and making long-range plans for such development and expansion and to authorize the use of public funds of Worth County for such purpose, and this amendment and any law enacted with re-

952

JOURNAL OF THE SENATE,

ference to the Authority shall be liberally construed for the ac complishment of this purpose.

"M. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first mem bers of the Authority shall be appointed within thirty days after such proclamation.

"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise
further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Worth County, and
the scope of its operations shall be limited to the territory embraced within Worth County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Worth County.

"O. There shall be no limitations upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of Worth County or the State."

SECTION 2

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

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

"YES ( ) Shall the Constitution be amended so as to create the Worth County Industrial Development Authority and
NO ( ) to provide for powers, authority, funds, purposes and procedures connected therewith ? "

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 returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

TUESDAY, FEBRUARY 15, 1966

953

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 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

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 Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

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

HR 117. By Messrs. Wilson of the 102nd, Jordan of the 103rd, and McDaniell and Howard of the 101st:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a Zoning and Planning Com mission for the unincorporated and/or incorporated areas of Cobb County and for various codes in connection therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

954

JOURNAL OF THE SENATE,

SECTION 1

Article III, Section VII, Paragraph XXIII of the Constitution is hereby amended by adding at the end thereof the following:

"The General Assembly is hereby authorized to provide by law for a Zoning and Planning Commission for the unincorporated and/ or incorporated areas of Cobb County now or hereinafter existing. Such law may grant the Commission all the authority which the General Assembly has heretofore been authorized in this Para graph to grant to the governing authorities of municipalities and counties. The General Assembly is also authorized to provide by law for the promulgation of codes, rules and regulations relating to building, construction, plumbing, heating, air conditioning, venti lating, and electrical installation for the unincorporated and/or incorporated areas of Cobb County. Authority to administer such codes, rules and regulations may be granted to the Zoning and Planning Commission, authorized hereinbefore, or to the governing authority of Cobb County, or to both, in such manner as the General Assembly may prescribe. The General Assembly may provide for the enforcement of the actions of the Zoning and Planning Com mission and for the aforesaid codes, rules and regulations, by the Superior Court of Cobb County. Funds of the county and such other public funds as might be available may be used for the Com mission and in the administration of the aforesaid codes, rules and regulations. The General Assembly may provide how such funds may be utilized. The General Assembly is also authorized to provide for all matters relating to the subjects provided for herein. The General Assembly is also authorized to provide for the eventual merger of the Zoning and Planning Commission, established herein with any and all other Zoning and Planning Commissions or Boards in the incorporated areas of Cobb County and to provide the pro cedure connected therewith."

SECTION 2

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

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

"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to provide by law for a Zoning
NO ( ) and Planning Commission for the unincorporated and/ or incorporated areas of Cobb County and for various codes in connection therewith?"

TUESDAY, FEBRUARY 15, 1966

955

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 returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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

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

Those voting in the affirmative were Senators:

Adams Ballew Bateman Broun Carter Coggin Dean Downing Edenfield Eldridge
Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

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 Searcey Smalley Smith Spinks Thompson
Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays O.

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

HR 139. By Messrs. Harris and Smith of the 85th:
A RESOLUTION
Proposing a constitutional amendment so as to authorize the Gen eral Assembly to provide by local act for the creation of a Charter

956

JOURNAL OF THE SENATE,

Commission to study all matters relating to the consolidation of the government of the City of Brunswick and Glynn County and for the establishment of a successor government with powers and jurisdiction throughout the territorial limits of Glynn County and to draft a charter to create such government; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1
Article XI, Section I, Paragraph VII of the Constitution is hereby amended by adding at the end thereof the following:

"Any other provision of this Constitution to the contrary not withstanding, the General Assembly is hereby authorized to provide by local act for the creation of a Charter Commission to study all matters relating to the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Glynn County which single government shall supersede and replace the existing governments of the City of Brunswick and Glynn County.

Said local act may further authorize said Charter Commission to draft a proposed charter creating such county-wide government and for the submission of such charter to the voters of Glynn Coun ty for approval or rejection in such manner as the General Assembly shall provide by said local act.

To carry out the purposes of this amendment, the General As sembly is hereby expressly authorized to delegate its powers by said local act to said Charter Commission and may authorize said Commission to draft a proposed county-wide government charter which may include any provisions necessary to effectuate the pur poses of this amendment. To that end, and without limiting the generality of the foregoing, the General Assembly is hereby au thorized to provide by said local act that said Charter Commission may draft a proposed charter which would provide for any one or more of the following:

1. For the abolishment of the existing governments of the City of Brunswick and Glynn County and for the creation of a new single government having all powers formerly exercised by the City of Brunswick and Glynn County, and having such other pow ers as may be necessary or desirable including such rights, powers, duties and liabilities as are now or may hereafter be vested in municipalities or counties, or both, by the Constitution of Georgia or by other provisions of law; the form and composition of said new government to be as said charter shall provide.

2. For the new county-wide government to continue to be eligible to have, hold, enjoy and be entitled to any assistance, credits, bene-

TUESDAY, FEBRUARY 15, 1966

957

fits, monies, grants, grants in aid, funds, loans, aid, appropriations and matching funds to the same extent that any municipality or county of the State of Georgia now or may hereafter enjoy or possess under the Constitution and laws of the State of Georgia or by other provisions of law or under any present or future State or Federal programs.

3. For the abolishment of any one or more public offices in cluding coroner, county surveyor, tax collector, tax receiver, and county treasurer, or positions of public employment of the City of Brunswick and Glynn County.

4. For the creation of the governing authority of the single county-wide government including the number of members of said governing authority, their powers, duties, terms of office, manner of election or appointment, compensation, method of removal, and all other matters incidental or necessary to the creation of said county-wide governing authority.

5. For the creation of the various departments, boards, bureaus, offices, commissions and positions of public employment of said county-wide government and all other matters necessary or in cidental thereto.

6. For the creation of two or more taxing districts whereby taxes shall be assessed, levied, and collected by said county-wide government in accordance with the kind, character, type and degree of services provided by said government within said taxing districts, and the rate and manner of taxation may vary in any one district from that in another or other districts, and provide that the powers, authority, duties, liabilities and functions of any such new governing authority so created may vary from district to district.

7. For the assumption by said county-wide government of all bonded indebtedness and all other obligations of whatever kind of the City of Brunswick and Glynn County and a method by which said county-wide government shall assume the payment of any obligations of the City of Brunswick and Glynn County issued under the Revenue Bond Law.
8. For the transfer to said county-wide government of the assets, contracts and franchises of the City of Brunswick and Glynn County.
9. The purposes for which said county-wide government or governing authority or any agency thereof may levy taxes and the debt imitations applicable to such county-wide government or any agency thereof.
10. For the method or methods by which said Charter may be amended.
Said local act may further provide for the qualifications and compensation of the members of said Charter Commission and for the expenses of said Charter Commission. The compensation of the

958

JOURNAL OF THE SENATE,

members of the Charter Commission and the expenses of the Com mission shall be shared by the City of Brunswick and Glynn County in such manner as the General Assembly shall provide by said local act, and the governing authority of the City of Brunswick and the governing authority of Glynn County are hereby authorized to expend public funds for such purposes.

Nothing herein shall be construed so as to authorize the General Assembly or any Charter Commission created pursuant to any local act passed by the General Assembly in pursuance of this amend ment to:

1. Abolish or alter the status of the Board of Education of Glynn County or the Glynn County school system.

2. Impair or diminish any civil service pension and retirement rights existing at the time of the ratification of this amendment.

3. Abolish the office of sheriff.

4. Abolish or alter the status of any State, county, or City courts presently existing in Glynn County or the City of Brunswick.

5. Impair or diminish any homestead or other exemptions from taxation now or hereafter specified in this Constitution.

Provided, however, that none of the foregoing limitations shall be construed as prohibiting the General Assembly from exercising any legislative power with respect to the board of education, school district, office of sheriff, civil service and pension rights, homestead exemptions and courts which existed prior to the adoption of this paragraph. Provided further, that the foregoing limitation relating to courts shall not be construed so as to prohibit the abolishment of any court created by and operating under the provisions of the charter of the City of Brunswick.

The powers herein granted to the General Assembly:

1. Are remedial and shall be liberally construed to effectuate their purpose.

2. May be exercised by the General Assembly notwithstanding any other provisions of this Constitution or of law.

3. Shall not be exhausted by their initial exercise but may be exercised from time to time as said General Assembly may deter mine.

4. Are cumulative of all other powers now held by the General Assembly and are not in lieu thereof."

TUESDAY, FEBRUARY 15, 1966

959

SECTION 2

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

"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to provide by local act for the creation of a Charter Commission to study all matters
NO ( ) relating to the consolidation of the governments of the City of Brunswick and Glynn County and for the establishment of a successor government with powers and jurisdiction throughout the territorial limits of Glynn County and to draft a charter to create such government?"

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 51st Fincher of 54th Flowers Foster Gayner Gillis

Gregory Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th

960
Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Moore McGill

JOURNAL OF THE SENATE,

Noble Owens Padgett Pennington Plunkett Rowan Searcey Smalley Smith

Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 152. By Mr. Collins of the 62nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Toombs County Development Authority; to provide for powers, au thority, funds, purposes and procedure connected therewith; to provide for the levy of a tax for the use thereof; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in Toombs County to be known as the Toombs County Development Authority, which shall be an instrumentality of the State of Geor gia and of Toombs County and a public corporation and which in this amendment is hereafter referred to as the 'Authority'.
"B. (1) The Authority shall consist of five (5) members who shall serve for a term of five (5) years and until their successors are appointed and qualified and who shall be eligible for reappointment. The members shall be appointed by the Board of Commis sioners of Roads and Revenue of Toombs County (hereinafter re ferred to as 'Board') as herein provided. A majority of the members shall constitute a quorum and a majority may act for the Authority

TUESDAY, FEBRUARY 15, 1966

961

in any matter. No vacancy shall impair the powers of the Authority to act. Members of the Authority shall not be disqualified by reason of membership on the Authority to hold any other public office. Vacancies shall be filled for the unexpired term by the Board as herein provided.
(2) For the purpose of appointment of members of the Au thority, Toombs County is divided into two Authority Districts: Authority District No. 1 shall consist of the 43rd, 51st, 1715th and 1823rd Georgia Militia Districts; Authority District No. 2 shall consist of that part of Toombs County not included in Authority District No. 1.
(3) Three (3) members of the Authority shall be residents of Authority District No. 1, and at least two (2) of such members shall be residents of the City of Vidalia. Two members of the Au thority shall be residents of Authority District No. 2 and at least one of such members shall be a resident of the City of Lyons.

(4) The first members of the Authority shall be appointed by the Board after this amendment is ratified and prior to January 1, 1967 and their terms of office shall begin January 1, 1967. The first members shall be appointed for terms of one, two, three, four and five years and thereafter their successors (except in the case of appointments filling unexpired terms) shall be appointed for terms of five years. All appointments other than the original appoint ments and including appointments to fill unexpired terms shall be made as follows: The Authority shall nominate three qualified per sons for the appointment and the Board shall appoint one of the three nominees.
"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Toombs County. The exemption from taxation herein provided shall not include exemptions from sale and use taxes on property pur chased by the Authority or for use by the Authority.

"D. The powers of the Authority shall include but not be limited to, the power:
(1) To purchase, acquire, develop, improve, construct, own, operate, maintain, sell, lease as lessor and lessee, and mortgage real and personal property of all kinds, including but not limited to, land, buildings, machinery, equipment, industrial plants, manu facturing plants, processing plants, commercial buildings, ware houses and other storage facilities, and plants and other facilities for storing, handling or processing agricultural and livestock prod ucts within the limits of Toomb County.

(2) To accept and administer gifts, grants and donations and to administer trusts.
(3) To donate, grant, loan and lease without adequate con sideration or without any consideration or with or without security and on such terms as the Authority shall see fit, any of its funda

962

JOURNAL OF THE SENATE,

or property to private persons and corporations operating or pro posing to operate within Toomb County any industrial, commercial, agricultural, or recreational plant, facility, or enterprise. The pro visions of this clause shall not be construed to limit any other power of the Authority.
(4) To borrow money and to issue notes, bonds and certificates of indebtedness therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property, revenues, and income as security therefor.
(5) To contract with Toombs County, State of Georgia, and with other public authorities, political subdivisions, and public agencies of the State of Georgia and also with the United States, and with any department, agency, or instrumentality of the United States.
(6) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority.

(7) To aid, foster and encourage, and to promote the expan sion of industry, agriculture, trade, commerce and recreation in Toombs County, and to make long-range plans therefor.

(8) To exercise such other powers and duties as may be dele gated to it by the Board.

(9) To accumulate (if the Authority shall see fit) its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested.

(10) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.
(11) To contract with private persons and corporations and to sue and be sued in its corporate name.
"E. The Authority shall have the same immunity and exemp tion from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Au thority may be sued and the same as private corporations on any contractual obligation of the Authority.
"F. The members of the Authority shall receive only such compensation for their services and expenses to the Authority as

TUESDAY, FEBRUARY 15, 1966

963

shall be authorized by the Board, but such compensation shall be paid from funds of the Authority.

"G. Toombs County, acting by the Board, is authorized to levy an annual tax, not to exceed one mill, on all taxable property with in Toomb County for the support of the Authority and for its use and purposes, and all funds raised by such tax shall be paid and appropriated by the Board to the Authority and when paid to the Authority, shall become a part of its funds and may be used by it for any of its purposes and powers as herein stated or as may be hereafter provided by law, which tax shall be in addition to all other taxes authorized by law.

"H. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or in come may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation.

"I. The Authority is created and this amendment is adopted for the purpose of aiding, promoting, developing, and expanding for the public good and welfare of Toombs County and its citizens, industry, agriculture, trade, commerce and recreation in Toombs County, and to authorize the use of public funds of Toombs County for such purposes so as to provide employment and to improve the economy and living conditions in Toombs County, and this amend ment and any law enacted with reference to the Authority shal] be liberally construed for the accomplishment of this purposes.
"J. This amendment shall be self-executing and shall be effec tive immediately upon proclamation of its ratification by the Gov ernor.
"K. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The scope and jurisdiction of the Authority shall be limited to Toombs County. The General Assembly shall not extend the juris diction of the Authority nor the scope of its operations beyond the limits of Toombs County.
"L. Should said Authority for any reason be dissolved, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Toombs County, subject to any mortgages, liens, leases or other encum brances outstanding against or in respect to said property at that time.
"M. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Author ity shall be a debt of Toombs County or of the State of Georgia and the Authority shall not be authorized to create in any manner any debt, liability, or obligation against the State of Georgia or Toombs County.

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JOURNAL OF THE SENATE,

"N. (1) The Authority shall be authorized to issue revenue bonds for the purpose of financing or refinancing any project or undertaking within the scope of the Authority's powers, and may pledge any of its assets, income, or revenues as security for such bonds.

(2) Revenue bonds issued or proposed for issue by the Au thority may be validated as provided in the Act of the Legislature now known as the 'Revenue Bond Law' (Ga. Laws 1937, pp. 761, et seq), as amended and the term 'municipality' wherever used in said Act, as amended, shall include the Authority, and the Author ity shall have all of the rights and powers conferred upon munici palities by said Act, as amended.
(3) Any private person or corporation and also any political subdivision, public authority or agency contracting with the Au thority with respect to revenue bonds of the Authority proposed for validation under said Act, as amended, or with respect to any project or undertaking of the Authority to be financed or refinanced by such bonds may be made a party to the proceedings to validate such bonds under said Act, as amended, for the purpose of validat ing any such contract.

(4) This part of this amendment (Part N) shall not limit the other powers given the Authority in this amendment to borrow money and to give security therefor or to require the validation of the obligations of the Authority by any court.

"0. The term 'Board' where used herein shall include the present Board of Commissioners of Roads and Revenue of Toombs County and also any other board, group, or individual which may hereafter constitute the governing body or authority of Toombs County. i.
"P. The Board shall be authorized to appropriate to the Au thority any surplus funds at the time held by Toombs County, which appropriation shall be in addition to the tax provided in Part G.

"Q. The Authority, with the agreement of the Board, may

pledge the Authority's revenues from the annual tax provided in

Part G as security for any obligation or undertaking of the Au

thority. If said revenues are pledged as security for revenue bonds

issued by the Authority, the agreement between Toombs County

(acting by the Board) and the Authority shall be subject to vali-

1

dation as provided in Paragraph (3) of Part N of this amendment.

"R. If any provision of this amendment should be judicially determined to be invalid for any reason, such determination shall not affect any other part of the amendment nor the validity of the provision so determined to be invalid with respect to any per son other than the person in whose favor such determination is made."

TUESDAY, FEBRUARY 15, 1966

965

SECTION 2

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

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

"YES ( ) Shall the Constitution be amended so as to create the Toombs County Development Authority; to provide for the powers, authority, funds, purposes and pro-
NO ( ) cedure of such Authority; and to provide for the levy of a tax of one mill in Toombs County to provide funds for such Authority?"

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 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory Hall Hill Holley

Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Lee Loggins Maclntyre

966
Miller Moore McGill Noble Owens Padgett Pennington

JOURNAL OF THE SENATE,

Plunkett Rowan
Searcey Smalley Smith Spinks Thompson

Tribble Ward
Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HE 154. By Mr. Maddox of the 8th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Gordon County Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article V, Section IX, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"There is hereby created a body corporate and politic to be known as the 'Gordon County Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jursidiction to be limited to the territory embraced by the corporate limits of Gordon County. The County may contract with the Authority as a public corporation as provided by the Constitution of Georgia.
"The members of the Authority, their qualifications, terms and method of election or appointment, shall be prescribed by law by the General Assembly. The Authority shall have such duties, powers, and authority as shall be prescribed by law and the General Assembly may pass all other necessary legislation for the im plementation of this amendment.
"All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds

TUESDAY, FEBRUARY 15, 1966

967

issued by the Authority, shall be exempt from State and local taxation. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority.

"The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and the interest of the obligations of Gordon County. The exemptions from taxation herein provided shall not include exemptions from sale and use taxes on property pur chased by the Authority or for use by the Authority.

"Said Authority is created for the purposs of developing, promoting and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for the making of long range plans for the coordination of such development, promotion and expansion within its territorial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia or Gordon County. The Authority is created for nonprofit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created.

"No building or facility acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than 30 years from the day of transfer of possession. The lessee or purchaser shall be required to pay all cost of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all indebtedness, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the msmbers 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 propossd amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to create the NO ( ) Gordon County Development Authority?"

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".

968

JOURNAL OP THE SENATE,

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

The report of the committee, which was favorable to the adoption of the resolotion, 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 51st Fincher of 54th Flowers Foster Gayner Gillis
Gregory

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 Searcey Smalley Smith
Spinks Thompson
Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 185. By Mr. Underwood of the 61st:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Wheeler County Development Authority; to provide for powers, au-

TUESDAY, FEBRUARY 15, 1966

969

thority, funds, purposes and procedure connected therewith; to provide for the levy of a tax for the use thereof; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1

Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

"A. There is hereby created a body corporate and politic in Wheeler County to be known as the Wheeler County Development Authority, which shall be an instrumentality of the State of Georgia and of Wheeler County and a public corporation and which in this amendment is hereafter referred to as the 'Authority'.

"B. (1) The Authority shall consist of five (5) members who shall serve for a term of five (5) years and until their successors are appointed and qualified and who shall be eligible for reappointment. The members shall be appointed by the Board of Com missioners of Roads and Revenue of Wheeler County (hereinafter referred to as 'Board') as herein provided. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. Members of the Authority shall not be dis qualified by reason of membership on the Authority to hold any other public office. Vacancies shall be filled for the unexpired term by the Board as herein provided.

(2) For the purpose of appointment of members of the Au thority, Wheeler County is divided into two Authority Districts: Authority District No. 1 shall consist of the Alamo, Erick and Spring Hill Militia Districts, and Authority District No. 2 shall consist of the Glennwood, Landsberg and McArthur Militia Dis tricts.
(3) Two members of the Authority shall be residents of Authority District No. 1; two members of the Authority shall be residents of Authority District No. 2; one member of the Authority shall be a resident of and appointed from the County at large.

(4) The first members of the Authority shall be appointed by the Board after this amendment is ratified and prior to January 1, 1967 and their terms of office shall begin January 1, 1967. The first members shall be appointed for terms of one, two, three, four and five years and thereafter their successors (except in the case of appointments filling unexpired terms) shall be appointed for terms of five years. All appointments other than the original appointments and including appointments to fill unexpired terms shall be made as follows: The Authority shall nominate three qualified persons for the appointment and the Board shall appoint one of the three nominees.

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"C. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Wheeler County. The exemptions from taxation herein provided shall not include exemptions from Sales and Use Taxes on property purchased by the Authority or for use by the Authority.

"D. The powers of the Authority shall include, but not be limited to, the power:
(1) To purchase, acquire, develop, improve, construct, own, operate, maintain, sell, lease as lessor and lessee, and mortgage real and personal property of all kinds, including, but not limited to, land, buildings, machinery, equipment, industrial plants, manu facturing plants, processing plants, commercial buildings, ware house and other storage facilities, and plants and other facilities for storing, handling or processing agricultural and livestock pro ducts within the limits of Wheeler County.

(2) To accept and administer gifts, grants and donations and to administer trusts.
(3) To donate, grant, loan and lease without adequate con sideration or without any consideration or with or without security and on such terms as the Authority shall see fit, any of its funds or property to private persons and corporations operating or proposing to operate within Wheeler County, any industrial, com mercial, agricultural, or recreational plant, facility, or enterprise. The provisions of this clause shall not be construed to limit any other power of the Authority.

(4) To borrow money and to issue notes, bonds and certificates of indebtedness therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property, revenues, and income as security therefor.
(5) To contract with Wheeler County, State of Georgia, and with other public authorities, political subdivisions, and public agencies of the State of Georgia and also with the United States, and with any department, agency, or instrumentality of the United States.
(6) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority.

(7) To aid, foster and encourage, and to promote the expansion of industry, agriculture, trade, commerce and recreation in Wheeler County, and to make long-range plans therefor.
(8) To exercise such other powers and duties as may be delegated to it by the Board.

TUESDAY, FEBRUARY 15, 1966

971

(9) To accumulate (if the Authority shall see fit) its funds from year to year and to invest accumulated funds in any manner than public funds of the State of Georgia or any of its political subdivisions may be invested.

(10) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.
(11) To contract with private persons and corporations and to sue and be sued in its corporate name.

"E. The Authority shall have the same immunity and exemp tion from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority, when in performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority.

"P. The members of the Authority shall receive only such compensation for their services and expenses to the Authority as shall be authorized by the Board, but such compensation shall be paid from funds of the Authority.

"G. Wheeler County, acting by the Board, is authorized to levy an annual tax, not to exceed one mill, on all taxable property within Wheeler County for the support of the Authority and for its use and purposes, and all funds raised by such tax shall be paid and appropriated by the Board to the Authority and when paid to the Authority, shall become a part of its funds and may be used by it for any of its purposes and powers as herein stated or as may be hereafter provided by law, which tax shall be in addition to all other taxes authorized by law.

"H. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation.

"I. The Authority is created and this amendment is adopted for the purpose of aiding, promoting, developing, and expanding for the public good and welfare of Wheeler County and its citizens, industry, agriculture, trade, commerce and recreation in Wheeler County, and to authorize the use of public funds of Wheeler County for such purposes so as to provide employment and to improve the economy and living conditions in Wheeler County, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose.

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"J. This amendment shall be self-executing and shall be effec tive immediately upon proclamation of its ratification by the Governor.

"K. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The scope and jurisdiction of the Authority shall be limited to Wheeler County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Wheeler County.

"L. Should said Authority for any reason be dissolved, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Wheeler County, subject to any mortgages, liens, leases or other en cumbrances outstanding against or in respect to said property at that time.

"M. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of Wheeler County or of the State of Georgia and the Authority shall not be authorized to create in any manner any debt, liability, or obligation against the State of Georgia or Wheeler County.

"N. (1) The Authority shall be authorized to issue revenue bonds for the purpose of financing or refinancing any project or undertaking within the scope of the Authority's powers, and may pledge any of its assets, income, or revenues as security for such bonds.
(2) Revenue bonds issued or proposed for issue by the Au thority may be validated as provided in the Act of the Legislature now known as the 'Revenue Bond Law' (Ga. Laws 1937, pp. 761. et seq), as amended, and the term 'municipality' wherever used in said Act, as amended, shall include the Authority, and the Authority shall have all of the rights and powers conferred upon municipalities by said Act, as amended.

(3) Any private person or corporation and also any political subdivision, public authority or agency contracting with the Au thority with respect to revenue bonds of the Authority proposed for validation under said Act, as amended, or with respect to any project or undertaking of the Authority to be financed or refinanced by such bonds may be made a party to the proceedings to validate such bonds under said Act, as amended, for the purpose of validat ing anys such contract.

(4) This part of this amendment (Part N) shall not limit the other powers given the Authority in this amendment to borrow money and to give security therefor or to require the validation of the obligations of the Authority by any court.

TUESDAY, FEBRUARY 15, 1966

973

"0. The term ,'Board' where used herein shall include the present Board of Commissioners of Roads and Revenue of Wheeler County and also any other board, group, or individual which may hereafter constitute the governing body or Authority of Wheeler County.
"P. The Board shall be authorized to appropriate to the Authority any surplus funds at the time held by Wheeler County, which appropriation shall be in addition to the tax provided in Part G.
"Q. The Authority, with the agreement of the Board, may pledge the Authority's revenues from the annual tax provided in Part G as security for any obligation or undertaking of the Authority. If said revenues are pledged as security for revenue bonds issued by the Authority, the agreement between Wheeler County (acting by the Board) and the Authority shall be subject to validation as provided in Paragraph (3) of Part N of this amend ment.
"R. If any provision of this amendment should be judicially determined to be invalid for any reason, such determination shall not affect any other part of the amendment nor the validity of the provision so determined to be invalid with respect to any person other than the person in whose favor such determination is made.
SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to create the Wheeler County Development Authority; to pro-
NO ( ) vidse for the powers, authority, funds, purposes and procedure of such Authority; and to provide for the levy of a tax of one mill in Wheeler County to provide funds for such Authority?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying 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 returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

974

JOURNAL OF THE SENATE,

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

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

Those voting in the affirmative were Senators:

Adams Ballew
Bateman Broun Carter Coggin Dean Downing Edenfield Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

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 Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

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

HR 186. By Mr. Underwood of the 61st:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Montgomery County Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the levy of a tax for the use thereof; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

TUESDAY, FEBRUARY 15, 1966

975

SECTION 1

Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

"A. There is hereby created a body corporate and politic in Montgomery County to be known as the Montgomery County De velopment Authority, which shall be an instrumentality of the State of Georgia and of Montgomery County and a public corpora tion, and which in this amendment is hereafter referred to as the 'Authority'.

"B. (1) The Authority shall consist of five (5) members who shall serve for a term of five (5) years and until their successors are appointed and qualified and who shall be eligible for reappointment. The members shall be appointed by the Board of Commis sioners of Roads and Revenue of Montgomery County (hereinafter referred to as 'Board') as herein provided. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. Members of the Authority shall not be disqualified by reason of membership on the Authority to hold any other public office. Vacancies shall be filled for the unexpired term by the Board as herein provided.

(2) For the purpose of appointment of members of the Au thority, Montgomery County is divided into four (4) Authority Districts. Authority District No. 1 shall consist of the Mt. Vernon Militia District; Authority District No. 2 shall consist of the Uvalda and Alston Militia Districts; Authority District No. 3 shall consist of the Ailey and the Higgston Militia District; and the Authority District No. 4 shall consist of the Tarrytown and the Kibbee-Tiger Militia Districts.

(3) One member of the Authority shall be resident of Au thority District No. 1; one member of the Authority shall be a resident of Authority District No. 2; one member shall be a resident of Authority District No. 3; one member shall be a resident of Authority District No. 4; and one member of the Au thority shall be a resident of and appointed from the county at large.

(4) The first members of the Authority shall be appointed by the Board after this amendment is ratified and prior to January 1, 1967 and their terms of office shall begin January 1, 1967. The first members shall be appointed for terms of one, two, three, four and five years and thereafter their successors (except in the case of appointments filling unexpired terms) shall be appointed for terms of five years. All appointments, other than the original appointments and including appointments to fill unexpired terms, shall be made as follows: The Authority shall nominate three qualified persons for the appointment and the Board shall appoint one of the three nominees.

976

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"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Montgomery County. The exemptions from taxation herein provided shall not include exemptions from Sales and Use Taxes on property purchased by the Authority or for use by the Authority.

"D. The powers of the Authority shall include, but not be limited to, the power:

(1) To purchase, acquire, develop, improve, construct, own, operate, maintain, sell, lease as lessor and lessee, and mortgage real and personal property of all kinds, including, but not limited to, land, buildings, machinery, equipment, industrial plants, manu facturing plants, processing plants, commercial buildings, ware houses and other storage facilities, and plants and other facilities for storing, handling or processing agricultural and livestock products within the limits of Montgomery County.

(2) To accept and administer gifts, grants and donations and to administer trusts.
(3) To donate, grant, loan and lease without adequate con sideration or without any consideration, or with or without security and on such terms as the Authority shall see fit, any of its funds or property to private persons and corporations operating or proposing to operate within Montgomery County, any industrial, commercial, agricultural, or recreational plant, facility, or enter prise. The provisions of this clause shall not be construed to limit any other power of the Authority.
(4) To borrow money and to issue notes, bonds and certificates of indebtedness therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property, revenues, and income as security therefor.

(5) To contract with Montgomery County, State of Georgia, and with other public authorities, political subdivisions, and public agencies of the State of Georgia and also with the United States, and with any department, agency, or instrumentality of the United States.
(6) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment; including' the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by laws and regulations for the conduct and management of the Authority.

(7) To aid, foster and encourage, and to promote the expansion of industry, agriculture, trade, commerce and recreation in Mont gomery County, and to make long-range plans therefor.

TUESDAY, FEBRUARY 15, 1966

977

(8) To exercise such other powers and duties as may be delegated to it by the Board.

(9) To accumulate (if the Authority shall see fit) its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested.

(10) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.
(11) To contract with private persons and corporations and to sue and be sued in its corporate name.

"E. The Authority shall have the same immunity and exemp tion from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority, when in performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia, when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority.

"F. The members of the Authority shall receive only such com pensation for their services and expenses to the Authority as shall be authorized by the Board, but such compensation shall be paid from funds of the Authority.
"G. Montgomery County, acting by the Board, is authorized to levy an annual tax, not to exceed one mill, on all taxable property within Montgomery County for the support of the Au thority and for its use and purposes, and all funds raised by such tax shall be paid and appropriated by the Board to the Authority, and when paid to the Authority, shall become a part of its funds and may be used by it for any of its purposes and powers as herein stated or as may be hereafter provided by law, which tax shall be in addition to all other taxes authorized by law.

"H. The property of the Authority shall not be subject to levy and sale under legal process, except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to' secure an obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obliga tion.
"I. The Authority is created and this amendment is adopted for the purpose of aiding, promoting, developing, and expanding for the public good and welfare of Montgomery County and its citizens, industry, agriculture, trade, commerce and recreation in Montgomery County, and to authorize the use of public funds of Montgomery County for such purposes so as to provide employ ment and to improve the economy and living conditions in Mont-

978

JOURNAL OF THE SENATE,

gomery County, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose.

"J. This amendment shall be self-executing and shall be ef fective immediately upon proclamation of its ratification by the Governor.
"K. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The scope and jurisdiction of the Authority shall be limited to Mont gomery County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Montgomery County.

"L. Should said Authority for any reason be dissolved, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Montgomery County, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time.
"M. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of Montgomery County or of the State of Georgia and the Authority shall not be authorized to create in any manner any debt, liability, or obligation against the State of Georgia or Montgomery County.
"N. (1) The Authority shall be authorized to issue revenue bonds for the purpose of financing or refinancing any project or undertaking within the scope of the Authority's powers, and may pledge any of its assets, income, or revenues as security for such bonds.
(2) Revenue bonds issued or proposed for issue by the Au thority may be validated as provided in the Act of the Legislature now known as the 'Revenue Bond Law' (Ga. Laws 1937, pp. 761, et seq), as amended, and the term 'municipality' wherever used in said Act, as amended, shall include the Authority, and the Authority shall have all of the rights and powers conferred upon municipalities by said Act, as amended.

(3) Any private person or corporation and also any political subdivision, public authority or agency contracting with the Au thority with respect to revenue bonds of the Authority proposed for validation under said Act, as amended, or with respect to any project or undertaking of the Authority to be financed or re financed by such bonds may be made a party to the proceedings to validate such bonds under said Act, as amended, for the purpose of validating any such contract.

(4) This part of this amendment (Part N) shall not limit the other powers given the Authority in this amendment to borrow

TUESDAY, FEBRUARY 15, 1966

979

money and to give security therefor or to require the validation of the obligations of the Authority by any court.

"O. The term 'Board' where used herein shall include the present Board of Commissioners of Roads and Rsvenue of Mont gomery County and also any other board, group, or individual which may hereafter constitute the governing body or authority of Montgomery County.
"P. The Board shall be authorized to appropriate to the Au thority any surplus funds at the time held by Montgomery County, which appropriation shall be in addition to the tax provided in Part G.
"Q. The Authority, with the agreement of the Board, may pledge the Authority's revenues from the annual tax provided in Part G as security for any obligation or undertaking of the Au thority. If said revenues are pledged as security for revenue bonds issued by the Authority, the agreement between Montgomery County (acting by the Board) and the Authority shall be subject to validation as provided in Paragraph (3) of Part N of this amendment.
"R. If any provision of this amendment should be judicially determined to be invalid for any reason, such determination shall not affect any other part of the amendment nor the validity of the provision so determined to be invalid with respect to any person other than the person in whose favor such determination is made.

SECTION 2

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

"YES ( ) Shall the Constitution be amended so as to create the Montgomery County Development Authority; to pro vide for the powers, authority, funds, purposes and
NO ( ) procedure of such Authority; and to provide for the levy of a tax of one mill in Montgomery County to provide funds for such Authority?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying 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

980

JOURNAL OF THE SENATE,

State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the 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 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

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 Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

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

HR 188. By Mr. Phillips of the 41st:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide that the General Assembly may grant to the governing authority of Columbia

TUESDAY, FEBRUARY 15, 1966

981

County the right to construct and repair streets and sidewalks and to lay curbing, water and sewer mains in certain areas of Columbia County and assess the costs thereof pro rata against the abutting property owners, provided the owners of 75% of the property abutting such improvement shall consent thereto; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1

Article VII, Section IV, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following:

"The General Assembly may grant to the governing authority of Columbia County the right to construct or repair streets and sidewalks and to lay curbing, water and sewer mains and to assess the costs thereof pro rata against the abutting property owners, provided the owners of 75% of the property abutting such improvements shall consent thereto and to provide for the issuance and enforcement of execution for the collection of such assessments and for the creation of liens thereby against such abutting property. Provided, however, that any Act of the General Assembly adopted pursuant hereto shall restrict the authority to those areas of said county where the property has been subdivided into lots having three hundred and fifty (350) feet of street frontage or less."

SECTION 2

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

"YES ( ) Shall the Constitution be amended so as to provide that the General Assembly may grant to the govern ing authority of Columbia County the right to con-
NO ( ) struct and repair streets and sidewalks and to lay curbing, water and sewer mains in certain areas of Columbia County and to assess the costs thereof pro rata against the abutting property owners, provided the owners of 75% of the property abutting such improvements shall consent thereto?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

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JOURNAL OF THE SENATE,

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

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 51st Fincher of 54th Flowers Foster Gayner Gillis
Gregory

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 Searcey Smalley Smith Spinks Thompson
Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays 0.
The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 190. Messrs. Pickard, Brinkley and Jones of the 112th, Thompson and Berry of the 110th, and Thompson and Shields of the lllth:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia to authorize the General Assembly, upon recommendation by the Board

TUESDAY, FEBRUARY 15, 1966

983

of Commissioners of Roads and Revenues of Muscogee County and any municipality located within the limits of Muscogee County, to combine or consolidate administrative departments and functions of county government with administrative departments and functions of any municipality located within the limits of Muscogee County; to provide the procedure connected herewith, to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1

Article XI, Section I, Paragraph VII of the Constitution is hereby amended by adding at the end thereof the following:

"The General Assembly shall have power, by legislation, after recommendation by the Board of Commissioners of Roads and Revenues of Muscogee County and the governing body of any municipality located within the limits of Muscogee County, to combine or consolidate any of the several powers, authorities, duties, and functions of administrative departments vested in the County of Muscogee with the powers, authorities, duties and functions of the administrative departments of any municipal corporation located within the limits of Muscogee County, and to effect the combination or consolidation, may combine or consolidate any administrative board, bureau, agency, office, or any other administrative depart ment; all subject only to such limitations as are within this paragraph provided.

"To that end, and without limiting the generality of the fore going, the General Assembly is authorized to:

"1. Specify the respective methods of selection, terms, com pensation, powers, authority, duties, liabilities, and functions of the combined administrative officers or office, board, bureau, public agency or any other administrative department.

"2. Vest in any such combined administrative agency, office, officers, board or bureau, or administrative agency such powers as it shall deem proper.
"3. Provide for the preservation of all existent civil service, pension and retirement rights.
The powers herein granted:
"1. Are remedial and shall be liberally construed to effectuate their purpose.
"2. May be exercised by it notwithstanding any other provision of this Constitution or of law.
"3. Shall not be exhausted by their initial exercise, but may be exercised from time to time.

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JOURNAL OF THE SENATE,

"4. Are cumulative of all other powers now held by the General Assembly, Muscogee County, and any municipality located within the limits of Muscogee County, and are not in lieu thereof.

"5. Shall not be construed as giving any right or power to consolidate or combine any elective officers or offices."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amend ment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly, after recommendation by the Board of Commissioners of Roads and Revenues of
NO ( ) Muscogee County and any municipality located with in the limits of Muscogee County, to combine and consolidate administrative boards, bureaus, public agencies, offices, officers, or any other administra tive departments of Muscogee County with adminis trative departments of any municipal corporation located in Muscogee County."
All persons desiring to vote in favor of ratifying the proposed amendment shall vote, "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote, "No".
If such amendment shall be ratified as provided in the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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

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

Those voting in the affirmative were Senators:

Adams Ballew Bateman

Broun Carter Coggin

Dean Downing Edenfield

TUESDAY, FEBRUARY 15, 1966

985

Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory 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 Searcey Smalley Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 191. By Messrs. Pickard of the 112th, Thompson and Shields of the lllth, Brinkley of the 112th, and Thompson and Berry of the 110th:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Geor gia, so as to provide that in lieu of the Commissioners of Roads and Revenues of Muscogee County and the City Commission of the City of Columbus, a single Commission with authority to administer the affairs of the City of Columbus and the affairs of the County of Muscogee, but not eliminating the entity of either the City of Columbus or the County of Muscogee; by providing that such single ommission shall be elected by the electorate of the entire County; by providing that the General Assembly of Georgia may authorize the creation of such single Commission by Legislative Act which shall only be effective when ap proved by a majority vote of Commissioners of Roads and Revenues of Muscogee County and a majority vote of the City Commission of the City of Columbus; by providing for the repeal of conflicting laws; to provide for the submission of the proposed amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article XI, Section I, Paragraph VI of the Constitution of the State of Georgia, as the same has heretofore been amended is hereby further

986

JOURNAL OP THE SENATE,

amended by adding at the end of said Paragraph, as amended, a new Paragraph to read as follows:

"In lieu of the Commissioners of Roads and Revenues of Muscogee County and the City Commission of the City of Columbus, there is hereby authorized for the City of Columbus and the County of Muscogee, the creation of a single Commission with authority to administer the affairs of the City of Columbus and the affairs of the County of Muscogee, but not eliminating the entity of the City of Columbus or the County of Muscogee. Such single Commission shall be elected by the electorate of the entire County, and the General Assembly of Georgia may provide for the creation of such single Commission by Legislative Act which shall only be effective when approved by a majority vote of the Commissioners of Roads and Revenues of Muscogee County and a majority vote of the City Commission of the City of Columbus."

SECTION 2

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

"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to consolidate the governing
NO ( ) bodies of the County of Muscogee and the City of Columbus, Georgia into a single governing body for both Muscogee County and Columbus, Georgia?"

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 returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

TUESDAY, FEBRUARY 15, 1966

987

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 Gregory

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 Searcey Smalley Smith
Spinks Thompson Tribble Ward Webb Yancey
Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

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

HR 194. By Mr. Thomas of the 77th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Wayne County to levy a tax not to exceed one mill for industrial development purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The governing authority of Wayne County is hereby author ized to levy a tax, in addition to any other tax authorized to be levied, not to exceed one mill on all the taxable property in said county for industrial purposes. The proceeds or any part thereof

988

JOURNAL OF THE SENATE,

of such tax may be turned over to the Wayne County Industrial Development Authority for use by said authority as provided by laws relative thereto. Such tax funds may also be used in connec tion with industrial parks. Such funds may be used in any manner for assisting, promoting, and encouraging the location of industries in Wayne County and to assist and promote in any manner the industrial development of Wayne County."

SECTION I

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:

"YES ( ) Shall the Constitution be amended so as to authorize the governing authority of Wayne County to levy a
NO ( ) tax not to exceed one mill for industrial development purposes?"

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

Pincher of 51st Pincher of 54th Flowers Foster Gayner

TUESDAY, FEBRUARY 15, 1966

989

Gillis Gregory 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

Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

The resolution, having received the requisite two-thirds cnostitutional ma jority, was adopted.
HR 195. By Mr. Marshall of the 39th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Hancock County Development Authority; to provide for powers, author ity, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in Hancock County in the State of Georgia to be known as the Hancock County Development Authority, which shall be an instrumentality of Hancock County and a public corporation and which in this amendment is hereafter referred to as the 'Authority'.
"B. The Authority shall consist of five (5) members who shall be appointed as hereinafter provided. The governing authority of Hancock County shall appoint three members to the Authority for initial terms of office of 1, 2 and 3 years, respectively. The govern ing authority of the City of Sparta shall appoint two members to

990

JOURNAL OP THE SENATE,

the Authority for initial terms of office of 4 and 5 years, respective ly. Thereafter, successors to the initial members of the Authority shall be appointed by the respective governing authority which made the initial appointment for a term of 5 years and until their successors are duly appointed and qualified. Vacancies in the mem bership of the Authority shall be filled in the same manner as appointments to the Authority are made. A majority of the mem
bers shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. Membership on the governing authority of any of the appointing authorities shall not prohibit any such member from being appointed to the Authority. Membership on the Author ity will not disqualify any person to hold any public office. In the event that the City of Sparta and Hancock County are ever combined or consolidated into one governmental unit, then the governing authority of such combined governmental unit shall ap point the members of the Authority as herein provided.

"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity ficm taxa tion as the property, obligations and interest on the obligations of Hancock County. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority; and shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority.

"D. The powers of the Authority shall include but shall not be limited to, the power:
"(1) To buy, acquire, accept and give options upon, develop, improve, own, operate, maintain, sell, lease, as lessor or lessee, and mortgage land, buildings, and real and personal property of all kinds within Hancock County;
"(2) To receive and administer gifts, grants and donations and to administer trusts;
"(3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations oper ating or proposing to operate any industrial plant or establishment within Hancock County. The provisions of this clause shall not be construed to limit any other power of the Authority;

"(4) To borrow money for any of its corporate purposes and to issue notes, bonds and debentures and execute deeds to secure debt, trust deeds, trust agreements or indentures, and to sail, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;
"(5) To issue revenue anticipation certificates of bonds for the purpose of paying all or any part of the cost of any project of the Authority. To exercise all of the rights, powers and privileges and be subject to the same liabilities as a municipality under the provisions of the Revenue Certificate Law of 1937 (Ga. Laws 1937, pp. 761-774), as amended, with reference to the issuance of such

TUESDAY, FEBRUARY 15, 1966

991

certificates or bonds and validation of same insofar as such pertain to the corporate purposes of the Authority;

"(6) To contract with Hancock County and other political sub divisions of the State of Georgia and with private persons and corporations and to sue and to be sued in its corporate name;

"(7) To have and exercise usual powers of private corpora tions except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority;

"(8) To encourage and promote the expansion and development of industrial, agricultural, recreational and trade facilities in Han cock County, and to make long-range plans therefor, so as to relieve insofar as possible unemployment within its boundaries, and to that end its acquiral by purchase or gift any building or structure within the limits of Hancock County suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, fabricating plant, or any other type of structure, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstruction, furnishing and equipping of such build ing. All of such acquisitions of property or machinery, equipment or furnishings may be made through the use of funds derived through the issuance of revenue certificates and all expansions of new or existing facilities may be made through the use of such funds;
"(9) To exercise such other powers and duties, consistent with the purposes of the Authority, as may be delegated to it by the governing authority of Hancock County;

"(10) To accumulate its funds from year to year and to invest accumulated funds in any manner that funds of the State of Georgia or any of its political subdivisions may be invested;

"(11) To designate officers to sign and act for the Authority generally or in any specific matter;

"(12) To do any and all acts and things necessary or con venient to accomplish the purpose and powers of the Authority as herein stated.
"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against Hancock County, any municipality located therein, nor the State of Georgia;

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JOURNAL OF THE SENATE,

"F. The Authority shall have the same immunity and exemp tion from liability for torts and negligence as the State of Georgia; and the officers, agents and employees of the Authority when in performance of the work of the Authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractural obligation of the Authority;

"G. The members of the Authority shall receive only such compensation for their services to the Authority as shall be author ized by the governing authorities of Hancock County and the City of Sparta, but such compensation shall be paid from the funds of the Authority;
"H. The governing authority of Hancock County is hereby authorized to levy an annual tax in an amount to be determined by such governing authority, but in no event shall such tax exceed three (3) mills on all taxable property within the County for the support of the Authority and for its use and purposes, and all funds raised by such tax shall be paid and appropriated by Hancock County to the Authority and when paid to the Authority, shall be come a part of its funds and may be used by it for any of its pur poses and powers as herein stated or as may be hereafter provided by law, which tax shall be in addition to all other taxes authorized by law;
"I. Hancock County and the City of Sparta are authorized to appropriate to the Authority such amount from their funds each year as each respective governing authority shall determine to be appropriate, but not exceeding twenty per cent of their total re ceipts from business licenses for the year, and any funds so appro priated when paid to the Authority shall become a part of its funds and may be used by the Authority in accordance with its powers and purposes as herein stated or as may be hereafter defined by law;
"J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds, or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation.

"K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Hancock County and its citizens, industry, agriculture, trade, commerce and recre ation within Hancock County, and making of long-range plans for such development and expansion and to authorize the use of public funds of Hancock County for such purpose, and this amendment and any law enacted with reference to the Authority shall be lib erally consrtued for the accomplishment of this purpose;

"L. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise

TUESDAY, FEBRUARY 15, 1966

993

thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Hancock County, and the scope of its operations shall be limited to the territory embraced within Hancock County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Hancock County;

"M. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Author ity shall be a debt of Hancock County, the City of Sparta, nor the State of Georgia;
"N. Should said Authority for any reason be dissolved, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Hancock County, subject to any mortgages, liens, leases or other encum brances outstanding against or in respect to said property at that time;
"0. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context:
"(1) The word 'project' shall be deemed to mean and include property, real and/or personal, acquired or held by the Authority for the assistance, promotion, establishment or development of a new industry or industries, or the assistance, promotion or expan sion of existing industry, trade or commerce in Hancock County, or any combination thereof; the acquisition of any such property for any such purpose or purposes; the improvement of any such property or properties; and/or the construction, installation and/or expansion of one or more buildings, plants, and/or articles of equip ment for the purpose of using, selling, donating, leasing and/or renting such land, properties, improvements, structures or equip ment to public or private persons, firms, corporations and/or asso ciations for such purposes.

"(2) The term 'cost of project, shall embrace: The cost of lands, buildings, improvements, machinery, equipment, properties, easements, rights, franchises, materials, labor and services acquired and/or contracted for; the cost of financing charges and/or of in terest prior to and during construction; architectural, accounting, engineering, inspection, fiscal and/or legal expenses; cost of plans and/or specifications; and/or any other expenses necessary or inci dent to construction and/or improvements, and/or to determining the feasibility and/or practicability of the project, administrative expenses, and/or the acquisition, construction, equipping and/or operating any project or any part thereof.

"P. This amendment shall be self-executing and effective immediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation."

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JOURNAL OF THE SENATE,

SECTION 2

When the above proposed amendment to the Constitution shall have

been agreed to by two-thirds of the members elected to each of the two

branches of the General Assembly, and the same has been entered on

their journals with the "Ayes" and "Nays" taken thereon, such proposed

amendment shall be published and submitted as provided in Article

XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as

.;

amended.

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

"YES ( ) Shall the Constitution be amended so as to create NO ( ) the Hancock County Developement Authority?"

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 Para

graph of the Constitution, it shall become a part of the Constitution of

this State. The returns of the election shall be made in like manner as

returns for elections for members of the General Assembly, and it shall

'

be the duty of the Secretary of State to ascertain the result and certify

the result to the Governor, who shall issue his proclamation thereon.

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

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

Those voting in the affirmative were Senators:

Adams : Ballew
Bateman Broun Carter Coggin Dean Downing Edenfield Eldridge
Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

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 Searcey Smalley Smith Spinks Thompson
Tribble Ward Webb Yancey Young

TUESDAY, FEBRUARY 15, 1968

995

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

On the adoption of the resolution, the ayes were 49, nays 0.

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

HR 201. By Mr. Harris of the 85th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide additional definitions relating to the Brunswick and Glynn County Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article V, Section IX, Paragraph I of the Constitution is hereby amended by adding at the end of that Paragraph I which reads as fol lows:
"Said Authority is created for the purpose of developing, promoting and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and the making of long-range plans for the coordination of such development, promotion and expansion, within its territorial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, the County of Glynn or the City of Brunswick. The Authority is created for non-profit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created.",
the following language:
"For the purposes of this amendment, the word 'commerce' shall be deemed to include parking lot facilities, buildings for municipal purposes.",
so that when so amended the new paragraph of Paragraph I shall read as follows:
"Said Authority is created for the purpose of developing, promoting and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and the making of long-range plans for the coordination of such development, promotion and expansion, within its territorial

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JOURNAL OF THE SENATE,

limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, the County of Glynn or the City of Brunswick. The Authority is created for non-profit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created. For the purposes of this amendment, the word' commerce' shall be deemed to include parking lot facilities, buildings for municipal purposes."
SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article 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 provide additional definitions relating to the Brunswick and
NO ( ) Glynn County Development Authority?"

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 returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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

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

Those voting in the affirmative were Senators:

Adams Ballew Bateman Broun

Carter Coggin Dean Downing

Edenfield Eldridge Fincher of 51st Fincher of 54th

TUESDAY, FEBRUARY 15, 1966

997

Flowers Foster Gayner Gillis Gregory 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 Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 205. By Messrs. Williams and Overby of the 16th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the county school superintendent of Hall County shall be appointed by the Board of Education of Hall County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VIII, Section VI, Paragraph I of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows:
"The county school superintendent of Hall County shall be appointed by the Board of Education of Hall County. The county school superintendent serving at the time of the ratification of this amendment shall continue to serve out that term of office to which he was elected. At the expiration of said term of office, the Board of Education of Hall County shall appoint a successor who shalj serve at the pleasure of the board. The county school superintendent appointed by the Board of Education of Hall County shall be subject to all constitutional and statutory provisions relating to county school superintendents except those provisions which conflict with the provisions of this paragraph."

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JOURNAL OF THE SENATE,

SECTION 2

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

"YES ( ) Shall the Constitution be amended so as to provide that the county school superintendent of Hall County
NO ( ) shall be appointed by the Board of Education of Hall County?"
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 returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the the result to the Governor, who shall issue his proclamation thereon.

Senator Owens of the 49th offered the following amendment:
Amend HR 205 by adding at the end of the new paragraph provided for in Section 1 the following:
"The county school superintendent shall possess the following additional qualifications:
(a) Minimum educational attainment of a Masters Degree, and
(b) A minimum of five years teaching school, and
(c) Shall not be related by blood or marriage to any Hall County School Board member.",
so that when so amended Section 1 shall read as follows:
"Section 1. Article VII, Section VI, Paragraph I of the Con stitution is hereby amended by adding at the end thereof a new paragraph to read as follows:
'The county school superintendent of Hall County shall be ap pointed by the Board of Education of Hall County. The county

TUESDAY, FEBRUARY 15, 1966

999

school superintendent serving at the time of the ratification of this amendment shall continue to serve out that term of office to which he was elected. At the expiration of said term of office, the Board of Education of Hall County shall appoint a successor who shall serve at the pleasure of the board. The county school superintendent appointed by the Board of Education of Hall County shall be subject to all constitutional and statutory provisions relating to county school superintendents except those provisions which conflict with the provisions of this paragraph. The county school superintendent
shall possess the following additional qualifications:

(a) Minimum educational attainment of a Masters Degree, and

(b) A minimum of five years teaching school, and

(c) Shall not be related by blood or marriage to any Hall County School Board member.' "

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, 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 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

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 Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

1000

JOURNAL OP THE SENATE,

On the adoption of the resolution, the ayes were 49, nays 0.

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

HR 206. By Mr. Underwood of the 61st:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Treutlen County Development Authority; to provide for powers, au thority, funds, purposes and procedures connected therewith; to provide for the levy of a tax for the use thereof; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in Treutlen County to be known as the Treutlen County Development Authority, which shall be an instrumentality of the State of Geor gia and of Treutlen County and a public corporation, and which in this amendment is hereafter referred to as the 'Authority'.
"B. (1) The Authority shall consist of five (5) members who shall serve for a term of five (5) years and until their successors are appointed and qualified and who shall be eligible for reappointment. The members shall be residents of Treutlen County and shall be appointed by the Board of Commissioners of Roads and Revenue of Treutlen County (hereinafter referred to as 'Board') from the county at large. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. Mem bers of the Authority shall not be disqualified by reason of member ship on the Authority to hold any other public office. Vacancies shall be filled for the unexpired term by the Board as herein pro vided.
(2) The first members of the Authority shall be appointed by the Board after this amendment is ratified and prior to January 1, 1967, and their terms of office shall begin January 1, 1967. The first members shall be appointed for terms of one, two, three, four and five years and thereafter their successors (except in the case of appointments filling unexpired terms) shall be appointed for terms of five years. All appointments, other than the original appoint ments and including appointments to fill unexpired terms, shall

TUESDAY, FEBRUARY 15, 1966

1001

be made as follows: The Authority shall nominate three qualified persons for the appointment and the Board shall appoint one of the three nominees.
"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Treutlen County. The exemptions from taxation herein provided shall not include exemptions from Sales and Use Taxes on property pur chased by the Authority or for use by the Authority.

"D. The powers of the Authority shall include, but not be limited to, the power:
(1) To purchase, acquire, develop, improve, construct, own, operate, maintain, sell, lease as lessor and lessee, and mortgage real and personal property of all kinds, including, but not limited to, land, buildings, machinery, equipment, industrial plants, manu facturing plants, processing plants, commercial buildings, ware houses and other storage facilities, and plants and other facilities for storing, handling or processing agricultural and livestock prod ucts within the limits of Treutlen County.

(2) To accept and administer gifts, grants and donations and to administer trusts.
(3) To donate, grant, loan and lease without adequate con sideration or without any consideration, or with or without se curity and on such terms as the Authority shall see fit, any of its funds or property to private persons and corporations operating or proposing to operate within Treutlen County, any industrial, com mercial, agricultural, or recreational plant, facility, or enterprise. The provisions ol this clause shall not be construed to limit any other power of the Authority.

(4) To borrow money and to issue notes, bonds and certificates of indebtedness therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property, revenues, and income as security therefor.
(5) To contract with Treutlen County, the State of Georgia, and with other public authorities, political subdivisions, and public agencies of the State of Georgia and also with the United States, and with any department, agency, or instrumentality of the United States.
(6) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employers and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority.

(7) To aid, foster and encourage, and to promote the expan sion of industry, agriculture, trade, commerce and recreation in

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Treutlen County, and to make long-range plans therefor.

(8) To exercise such other powers and duties as may be dele gated to it by the Board.

(9) To accumulate (if the Authority shall see fit) its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested.

(10) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.
(11) To contract with private persons and corporations and to sue and be sued in its corporate name.

"E. The Authority shall have the same immunity and exemp tion from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority, when in performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia, when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority.

"F. The members of the Authority shall receive only such compensation for their services and expenses to the Authority as shall be authorized by the Board, but such compensation shall be paid from funds of the Authority.

"G. Treutlen County, acting by the Board, is authorized to levy an annual tax, not to exceed one mill, on all taxable property within Treutlen County for the support of the Authority and for its use and purposes, and all funds raised by such tax shall be paid and appropriated by the Board to the Authority and when paid to the Authority, shall become a part of its funds and may be used by it for any of its purposes and powers as herein stated or as may be hereafter provided by law, which tax shall be in addi tion to all other taxes authorized by law.

"H. The property of the Authority shall not be subject to levy and sale under legal process, except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation.

"I. The Authority is created and this amendment is adopted for the purpose of aiding, promoting, developing, and expanding for the public good and welfare of Treutlen County and its citizens, industry, agriculture, trade, commerce and recreation in Treutlen County, and to authorize the use of public funds of Treutlen County

TUESDAY, FEBRUARY 15, 1966

1003

for such purposes so as to provide employment and to improve the economy and living conditions in Treutlen County, and this amend ment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose.

"J. This amendment shall be self-executing and shall be effec tive immediately upon proclamation of its ratification by the Gov ernor.

"K. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The scope and jurisdiction of the Authority shall be limited to Treutlen County. The General Assembly shall not extend the juris diction of the Authority nor the scope of its operations beyond the limits of Treutlen County.

"L. Should said Authority for any reason be dissolved, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Treut len County, subject to any mortgages, liens, leases or other encum brances outstanding against or in respect to said property at that time.

"M. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Author ity shall be a debt of Treutlen County or of the State of Georgia and the Authority shall not be authorized to create in any manner any debt, liability, or obligation against the State of Georgia or Treutlen County.

"N. (1) The Authority shall be authorized to issue revenue bonds for the purpose of financing or refinancing any project or undertaking within the scope of the Authority's powers, and may pledge any of its assets, income, or revenues as security for such bonds.

(2) Revenue bonds issued or proposed for issue by the Au thority may be validated as provided in the Act of the Legislature now known as the 'Revenue Bond Law' (Ga. Laws 1937, pp. 761, et seq), as amended, and the term 'municipality' whenever used in said Act, as amended, shall include the Authority, and the Au thority shall have all of the rights and powers conferred upon municipalities by said Act, as amended.

(3) Any private person or corporation and also any political subdivision, public authority or agency contracting with the Au thority with respect to revenue bonds of the Authority proposed for validation under said Act, as amended, or with respect to any project or undertaking of the Authority to be financed or refi nanced by such bonds may be made a party to the proceedings to validate such bonds under said Act, as amended, for the purpose of validating any such contract.

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(4) This part oi this amendment (Part N) shall not limit the other powers given the Authority in this amendment to borrow money and to give security therefor or to require the validation of the obligations of the Authority by any court.

"0. The term 'Board' where used herein shall include the present Board of Commissioners of Roads and Revenue of Treutlen County and also any other board, group, or individual which may hereafter constitute the governing body or authority of Treutlen County.

"P. The Board shall be authorized to appropriate to the Authority any surplus funds at the time held by Treutlen County, which appropriation shall be in addition to the tax provided in Part G.

"Q. The Authority, with the agreement of the Board, may pledge the Authority's revenues from the annual tax provided in Part G as security for any obligation or undertaking of the Au thority. If said revenues are pledged as security for revenue bonds issued by the Authority, the agreement between Treutlen County (Acting by the Board) and the Authority shall be subject to vali dation as provided in Paragraph (3) of Part N of this amendment.

"R. If any provision of this amendment should be judicially determined to be invalid for any reason, such determination shall not affect any other part of the amendment nor the validity of the provision so determined to be invalid with respect to any person other than the person in whose favor such determination is made.

SECTION 2

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

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

"YES ( ) Shall the Constitution be amended so as to create the Treutlen County Development Authority; to provide for the powers, authority, funds, purposes and pro-
NO ( ) cedures of such Authority; and to provide for the levy of a tax of one mill in Treutlen County to provide funds for such Authority?"

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".

TUESDAY, FEBRUARY 15, 1966

1005

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 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

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 Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 215. By Messrs. Lovett and Knight of the 60th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to create the Dublin-Laurens School System by merging the independent school system

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of the City of Dublin and the county school system of Laurens County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1

Article VIII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

"Effective at the time and in the manner provided hereinafter, there is hereby created the Dublin-Laurens School System by merg ing the independent school system of the City of Dublin and the county school system of Laurens County. There is hereby created the board of education of the Dublin-Laurens School System. Said board shall be composed of seven (7) members as follows: three members shall be residents of the City of Dublin; one member shall be a resident of the First Road District outside the corporate limits of the City of Dublin; one member shall be a resident of the Second Road District; one member shall be a resident of the Third Road District; and one member shall be from the County at Large. All members shall be elected by the voters of the entire county. For the purposes of this provision, the Road Districts shall remain as constituted at the time of the ratification of this amendment unless specifically provided otherwise by an Act of the General Assembly, relative to the Dublin-Laurens School System. The terms, compensa tion, manner of election, time of election, powers, duties, authority, and all other matters relative to said board shall be provided by law. The independent school system of the City of Dublin and the board of education thereof, and the county school system of Laurens County and the board of education thereof, shall continue to exist until July 1, 1967, on which date the Dublin-Laurens School System and the board of education thereof shall come into existence.

"The board shall elect the school superintendent of the DublinLaurens School System. The school superintendent of the indepen dent school system of the City of Dublin and the county school superintendent of the county school system of Laurens County shall continue to serve as such and such offices shall continue to exist until July 1, 1967, upon which date the office of school superinten dent of the Dublin-Laurens School System shall come into existence. The governing authority of Laurens County is hereby authorized to levy a tax for the support and maintenance of education of not more than 20 mills, but the provisions for removing or increasing such limitation shall be the same as provided in Article VIII, Sec tion XII, Paragraph I of the Constitution, as amended. The gov erning authority shall levy the amount designated by the board of education.
"The General Assembly, at the regular 1967 session, shall pro vide by local law for all matters relative to the Dublin-Laurens School System, the board of education thereof, and the superinten dent thereof. The General Assembly may provide in such local law

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1007

that such provisions of general law as deemed advisable, relative to county boards of education, county school superintendents and county school systems, shall be applicable to the system, board and superintendent created herein. On the date provided for herein for the new system to come into existence, all property and facilities and all assets, debts and obligations of the two systems so merged shall become the property, facilities, assets, debts and obligations of the Dublin-Laurens School System. Even though the merged system and the board and the superintendent thereof shall not re place the present systems, boards and superintendents until July 1, 1967, the General Assembly is hereby authorized to provide for such matters as shall be necessary prior to that date, such as elec tion of members, election by the board of the superintendent and other necessary or related matters. The General Assembly is hereby authorized to amend any local law enacted pursuant to this amend ment. In the event the General Assembly at the 1967 session does not enact legislation pursuant to this amendment, the new system shall not come into existence on July 1, 1967, but shall come into existence on the first day of July immediately following the date on which legislation is enacted to implement this amendment. Until such time, the two systems to be merged and the offices connected therewith shall continue to exist in the same manner as if this amendment had not been ratified."

SECTION 2

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

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

"YES ( NO (

) Shall the Constitution be amended so as to create ) the Dublin-Laurens County School System by merg
ing the independent school system of the City of Dublin and the county school system of Laurens County?"

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.

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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 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

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 Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 216. By Messrs. Elliott of the 107th and Wilson, Knapp and Stewart of the 109th:
A RESOLUTION
Proposing to the qualified voters of Bibb County an amendment to Article XI, Section I, Paragraph VI of the Constitution of Georgia, and as the same has heretofore been or contemporaneously with the ratifica tion hereof is amended, revised or changed so as to empower the govern ing authority of Bibb County, without further authority than that pro vided hereby, to adopt, revise, amend and modify pension, disability and retirement plans to specify in part what may be included in such plans; and to authorize said governing authority to levy a tax to finance the same in whole or in part; to provide for submission of this

TUESDAY, FEBRUARY 15, 1966

1009

amendment for ratification or rejection by the people affected; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA AND IT IS HEREBY RESOLVED BY AUTHORITY OF THE SAME AS FOLLOWS:
SECTION 1

Article XI, Section I, Paragraph VI of the Constitution of Georgia, and as the same has heretofore been or contemporaneously with the ratification hereof is amended, revised or changed, shall be further amended by adding at the end thereof a new paragraph as follows:

"Provided, further, that the County of Bibb, through its gov erning authority, may without further authority than that provided hereby, may, in its discretion, adopt, revise, amend, and modify pension, disability and retirement plans for all or any persons elected or appointed, whether or not a county or state officer whose salary, wage or compensation is paid wholly or in part by the county, in cluding appointees of the Judges of the Superior Court of Bibb County and appointees of other elected or appointed officials; and such plans may allow credit for services performed prior to the enactment of such plan or plans and may provide payments to dependents of such persons killed in the performance of duty. As a part of such plans, said governing authority may provide for in surance premiums for group life insurance as well as for group hospital, medical and surgical care or any combination thereof. Said governing authority is further authorized hereby to include such other terms and conditions in such plans as it shall deem to be in the public interest, and to support the same, shall be authorized to levy a tax to finance any part or all of such plans."

SECTION 1

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

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

"For ratification of amendment to the Constitution so as to em power the governing authority of Bibb County to adopt, revise, amend and modify pension, disability, and retirement plans and to levy a tax to pay therefor in whole or in part."

"Against ratification of amendment to the Constitution so as to empower the governing authority of Bibb County to adopt, revise, amend and modify pension, disability, and retirement plans and to levy a tax to pay therefor in whole or in part."

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

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

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

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

Those voting in the affirmative were Senators:

Adams Ballew Bateman Broun Carter Coggin Dean Downing
Edenfield Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

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 Searcey Smalley Smith
Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

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

TUESDAY, FEBRUARY 15, 1966

1011

HR 217. By Messrs. Elliott of the 107th and Knapp, Wilson and Stewart of the 109th:
A RESOLUTION

Proposing to the qualified voters of Bibb County an amendment to Article VII, Section IV, Paragraph I of the Constitution of Georgia, and as the same has heretofore been or contemporaneously with the ratification hereof is amended, revised or changed, so as to empower the governing authority of Bibb County, without further authority than that provided hereby, to establish, maintain, alter, and disconcontinue a system or systems of recreation; to pay the cost thereof; and to levy a tax to finance the same; to provide for the submission of this amendment for ratification or rejection by the people affected; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA and it is hereby resolved by authority of the same as follows:

SECTION 1

Article VII, Section IV, Paragraph I of the Constitution of Geor gia, and as the same has heretofore been or contemporaneously with the ratification hereof is amended, revised or changed shall be further amended by adding at the end thereof the following:

"Provided, however, that the governing authority of Bibb Coun ty is hereby empowered, without further authority, to establish, maintain, alter, and discontinue a system or systems of recreation and to pay the cost thereof; and to that end, said governing authori ty is herewith authorized and empowered to levy a tax to finance the same."
SECTION 2

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

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

"For ratification of amendment to the Constitution so as to empower the governing authority of Bibb County to establish, maintain, alter and discontinue a system or systems of recreation and to levy a tax to pay the cost thereof."

"Against ratification of amendment to the Constitution so as to empower the governing authority of Bibb County to establish, maintain, alter and discontinue a system or systems of recreation and to levy a tax to pay the cost thereof."

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

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

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

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

Those voting in the affirmative were Senators:

Adams Ballew Bateman Broun Carter Coggin Dean Downing Edenfield Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis
Gregory

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 Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

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

TUESDAY, FEBRUARY 15, 1966

1013

HR 218. By Messrs. Elliott of the 107th and Wilson, Stewart and Knapp of the 109th:
A RESOLUTION

Proposing to the qualified voters of Bibb County an amendment to Article VII, Section IV, Paragraph I of the Constitution of the State of Georgia of 1945, and as the same has been heretofore or con temporaneously with the ratification hereof amended, so as to em power the governing authority of Bibb County to pay, in whole or in part, and as from time to time determined, and to levy an ad valorem tax therefor, insurance premiums for group life insurance, as well as for group hospital, surgical and medical care (either, all or any combi nation of the same as the governing authority may from time to time decide) for employees; to define the meaning of "employees"; to pro vide for submission of this amendment for ratification or rejection by the people affected; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
SECTION 1

Be it resolved by the General Assembly of Georgia, and it is so resolved by such authority that Article VII, Section IV, Paragraph I, of the Constitution of Georgia of 1945, and as the same has been here tofore amended or may, contemporaneously with the ratification hereof, be amended, is hereby further amended by adding at the end thereof a new subparagraph to read:

"Provided, however, that the governing authority of Bibb County may, in its discretion and without further authority than provided herein and by ratification hereof, pay and levy an ad valorem tax for paying, in whole or in part, and in such proportions as such governing authority may from time to time determine, in surance premiums for group hospital, surgical and medical care (including but not limited to major medical insurance) as well as for group life insurance (either, all or any combination of the same as said governing authority may, from time to time decide) for em ployees of Bibb County; "employees", as used herein, to include all persons actively employed in the full time service of the county (limited temporary service excluded) upon the effective date of this amendment and thereafter, and whose salary, wages or compensa tion is paid by the county and by check of the treasurer of the county whether payable directly to the recipient or to another for transmission or distribution, and whether appointed by the gov erning authority or by an elected or appointed official and in cluding appointees of the Judges of the Superior Court in and for Bibb County and including elective officials of Bibb County, but excluding court bailiffs who serve on a per diem basis."

SECTION 2

Be it further resolved that when the above proposed amendment shall have been agreed to by two-thirds of the members elected to each

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of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"For ratification of amendment to the Constitution so as to empower the governing authority of Bibb County to levy a tax to pay or contribute to the payment of insurance premiums for group life insurance, as well as for group hospital, surgical and medical care for employees."

"Against ratification of amendment to the Constitution so as to empower the governing authority of Bibb County to levy a tax to pay or contribute to the payment of insurance premiums for group life insurance, as well as for group hospital, surgical and medical care for employees."

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

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

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Ballew Bateman Broun Carter Coggin Dean

Downing Edenfield Eldridge Fincher of 51st Fincher of 54th Flowers Foster

Gayner Gillis Gregory Hall Hill Holley Holloway

TUESDAY. FEBRUARY 15, 1966

1015

Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller

Moore McGill Noble Owens Padgett Pennington Plunkett Rowan Searcey Smalley

Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 220. By Messrs. Wilson of the 102nd, McDaniell and Howard of the 101st and Jordan of the 103rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the City of Marietta, in addition to all other debts which the city is au thorized to incur and in addition to all debt limitations imposed upon said city, to incur additional indebtedness not to exceed seven per cent (7%) of the assessed value of all taxable property located in said city for school purposes only; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
SECTION 1
Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows:
"In addition to all other debts which the City of Marietta is authorized to incur, and in addition to the debt limitations imposed upon said city by the provisions of this Constitution, the City of Marietta shall be authorized to incur an additional debt not to ex ceed seven per cent (7%) of the assessing value of all the taxable property located in said city for school purposes only. Provided, however, that there shall be included all outstanding indebtedness which has been incurred by the City of Marietta for school purposes at the time of the ratification of this amendment in determining the

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debt limitation authorized by this paragraph. No additional debt is authorized by this paragraph shall be incurred unless a majority of the qualified voters of said city shall assent thereto in an elec tion held for that purpose and in accordance with the provisions of Paragraph I of this Section."

SECTION 2

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

"YES ( NO (

) Shall the Constitution be amended so as to au) thorize the City of Marietta, in addition to all
other debts which the city is authorized to incur and in addition to all debt limitations imposed upon said city, to incur additional indebtedness not to exceed seven per cent (7%) of the assessed value of all taxable property located in said city for school purposes only?"

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 returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Ballew Bateman

Broun Carter Coggin

Dean Downing Edenfield

TUESDAY, FEBRUARY 15, 1966

1017

Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory 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 Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 221. By Mr. Tucker of the 36th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the appointment of the county school superintendent of Henry County by the Board of Education of Henry County; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VIII, Section VI, Paragraph I of the Constitution, relating to county boards of education, as amended, is hereby amended by adding at the end thereof the following:
The county school superintendent of Henry County holding office at the time of the ratification of this amendment shall con tinue to hold office until the normal expiration of his term of office on December 31, 1968, except that the Board, at its own pleasure, may fill any vacancy which may occur prior to the normal expira tion of such term. Thereafter the county school superintendent of Henry County shall be appointed by the Board of Education of Henry County, and shall serve at the pleasure of the Board, and

1018

JOURNAL OF THE SENATE,

said county school superintendent shall no longer be elected by the voters of Henry County. The Board of Education of Henry County shall fix the compensation of the county school superintendent. The Board of Education of Henry County shall not be bound by any provisions of law relating to residential requirements of persons appointed to the office of county school superintendent.
"The county school superintendent of Henry County as pro vided for herein shall be subject to all other constitutional provisions and all general statutory provisions relative to county school super intendents unless such provisions are in conflict with the provi sions of this amendment."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members 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 as submitted as provided in Article XIII, Section I, Para graph 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 provide NO ( ) for the appointment of the county school superin tendent of Henry County by the Board of Educa tion of Henry County?"
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 returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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

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

Those voting in the affirmative were Senators:

Adams Ballew Bateman

Broun Carter Coggin

Dean Downing Edenfield

TUESDAY, FEBRUARY 15, 1966

1019

Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory 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 Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
Those voting in the affirmative were Senators:

HR 222. By Mr. Tucker of the 36th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Henry County Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article V, Section IX, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"There is hereby created a body corporate and politic to be known as the 'Henry County Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced within the limits of Henry County. The County and any municipality located therein may contract with the Au thority as a public corporation as provided by the Constitution of Georgia.

1020

JOURNAL OF THE SENATE,

"The members of the Authority, their qualifications, terms and method of election or appointment, shall be prescribed by law by the General Assembly. The Authority shall have such duties, powers, and authority as shall be prescribed by law and the General As sembly may pass all other necessary legislation for the implementa tion of this amendment.

"All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds is
sued by the Authority, shall be exempt from State and local taxa tion. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority.

"The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and the interest of the obligations of Henry County. The exemptions from taxation herein provided shall not include exemptions from Sales and Use Taxes on property purchased by the Authority or for use by the Authority.

"Said Authority is created for the purpose of developing, pro moting and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for the making of long range plans for the coordina tion of such development, promotions and expansion within its terri torial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia or Henry County. The Authority is created for nonprofit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created.

"No building or facility hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than 30 years from the day of transfer of possession. The lessee or purchaser shall be re quired to pay all cost of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all indebtedness, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking."

SECTION 2

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

TUESDAY, FEBRUARY 15, 1966

1021

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

"YES ( ) Shall the Constitution be amended so as to create NO ( ) the Henry County Development Authority?"

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. Te returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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

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

Those voting in the affirmative were Senators:

Adams Ballew Bateman Broun Carter Coggin Dean Downing Edenfield Eldridge
Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

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 Searcey Smalley Smith Spinks Thompson
Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

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

1022

JOURNAL OP THE SENATE,

HR 223. By Mr. Tucker of the 36th:

A RESOLUTION

To amend a resolution proposing an amendment to Article VIII, Section V, Paragraph I of the Constitution (Resolution Act No. 77, Ga. Laws 1958, p. 436) which provides for the election of the members of the Board of Education of Henry County by the people and provides for the compensation of such members, so as to change the terms of office of the members of the Board of Education of Henry County and to provide for staggered terms; to provide for the election of the mem bers of the board by the voters of the entire county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1

A resolution proposing an amendment to Article VIII, Section V, Paragraph I of the Constitution (Resolution Act No. 77, Ga. Laws 1958, p. 436), which provides for the election of the members of the Board of Education of Henry County by the people and provides for the com pensation of such members, is hereby amended by striking the quoted language in paragraphs 1, 7 and 8 of Section 1 in its entirety and in serting in lieu thereof new quoted paragraphs 1, 7 and 8, respectively, to read as follows:
"The Board of Education of Henry County shall be composed of five members who shall be elected by the voters of the entire county from their respective district as hereinafter provided. For the purpose of electing such members, Henry County is hereby divided into five education districts.

"The Board of Education shall be composed of one member from each education district. Any person offering as a candidate to represent an education district on the board shall reside in the district from which he offers as a candidate and each member of the Board of Education of Henry County shall be elected by the voters of the entire county.

"Beginning with the calendar year 1968 and biennially there after there shall be an election for members of the Board of Educa tion of Henry County. The candidates elected as members of the Board of Education of Henry County in 1968 from Education Dis trict Nos. 1, 2 and 3 shall be elected for terms of office of 4 years each and until their successors are elected and qualified. The candi dates elected as members of the Board of Education of Henry County in 1968 from Education District Nos. 4 and 5 shall be elected for terms of office of two years each and until their suc cessors are elected and qualified. Thereafter the terms of office of all members of the Board of Education of Henry County shall be for terms of office of 4 years each and until their sucessors are elected and qualified. All members elected to the Board of Education

TUESDAY, FEBRUARY 15, 1966

1023

of Henry County shall assume office on January 1, of the year following their election. Election for members of the Board of Education of Henry County shall be held at the same time as election for members of the General Assembly."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted 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 NO

( ) Shall the Constitution be amended so as to change the terms of office and provide for staggered terms for members of the Board of Education of Henry County, and to provide for the election of the mem-
( ) hers of the Board by the voters of the entire county?"

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 51st Fincher of 54th Flowers Foster

Gayner Gillis Gregory Hall Hill Holley Holloway

1024
Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller

JOURNAL OF THE SENATE,

Moore McGill Noble Owens Padgett Pennington Plunkett Rowan Searcey Smalley

Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HE 232. By Mr. Matthews of the 29th:
A RESOLUTION
Proposing a constitutional amendment so as to authorize the General Assembly to provide by local Act for the creation of a Charter Com mission to study all matters relating to the consolidation of the govern ment of the mayor and council of the City of Athens and Clarke County and for the establishment of a successor government with powers and jurisdiction throughout the territorial limits of Clarke County and to draft a charter to create such successor government, which proposed charter shall be submitted to the voters of Clarke County for approval or rejection in such manner as the General Assembly Assembly shall provide by said local Act; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Article XI, Section I, Paragraph VII of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provision of this Constitution to the contrary notwithstanding, the General Assembly is hereby authorized to provide by local act for the creation of a Charter Commission to study all matters relating to the establishment of a single countywide government with powers and jurisdiction throughout the territorial limits of Clarke County which single government shall supersede and replace the existing governments of the Mayor and Council of the City of Athens, hereinafter referred to as the City of Athens, and Clarke County and may also supersede and replace any public authorities and special service districts located and operating within Clarke County.

TUESDAY, FEBRUARY 15, 1966

1025

Said local act may further authorize said Charter Commission to draft a proposed charter creating such county-wide government and for the submission of such charter to the voters of Clarke County for approval or rejection in such manner as the General Assembly shall provide by said local act.

To carry out the purposes of this amendment, the General Assembly is hereby expressly authorized to delegate its powers by said local act to said Charter Commission and may authorize said Commission to draft a proposed county-wide government charter which may include any provisions necessary to effectuate the pur poses of this amendment. To that end, and without limiting the generality of the foregoing, the General Assembly is hereby au thorized to provide by said local act that said Charter Commission may draft a proposed charter which would provide for any one or more of the following:

1. For the abolishment of the existing governments of the City of Athens and Clarke County and for the creation of a new single government having all powers formerly exercised by the City of Athens and Clarke County, and having such other powers as may be necessary or desirable including such rights, powers, duties and liabilities as are now or may hereafter be vested in municipalities or counties, or both, by the Constitution of Georgia or by other provision of law; the form and composition of said new government to be as said charter shall provide.

2. For the new county-wide government to continue to be eligible to have, hold, enjoy and be entitled to any assistance, credits, benefits, monies, grants, grants in aid, funds, loans, aid, appropriations and matching funds to the same extent that any municipality or county of the State of Georgia now or may hereafter enjoy or possess under the Constitution and laws of the State of Georgia or by other provisions of law or under any present or future State or Federal programs.

3. For the abolishment of any city and county courts, juvenile courts, and any other courts including courts created in lieu of constitutional courts, presently existing in the City of Athens and Clarke County, except the superior court and court of ordinary, and for the creation of one or more new courts having the jurisdic tion and powers of the former courts in such manner as said charter shall provide.
4. For the abolishment of any public authorities and special service districts located within Clarke County whether created by law or by provisions of this Constitution, and for the transfer of all powers, duties, and obligations of such authorities and districts to the new county-wide government in such manner as said charter shall provide.

5. For the abolishment of any one or more public offices in cluding coroner, county surveyor, tax collector, tax receiver, and county treasurer, or positions of public employment of the City

1026

JOURNAL OF THE SENATE,

of Athens and Clarke County, and any public authorities or special service districts located and operating within Clarke County.

6. For the creation of the governing authority of the single county-wide government including the number of members of said governing authority, their powers, duties, terms of office, manner of election or appointment, compensation, method of removal, and all other matters incidental or necessary to the creation of said county-wide governing authority.

7. For the creation of the various departments, boards, bureaus, offices, commissions and positions of public employment of said county-wide government and all other matters necessary or incidental thereto.

8. For the creation of two or more taxing districts whereby taxes shall be assessed, levied, and collected by said county-wide government in accordance with the kind, character, type and degree of services provided by said government within said taxing districts, and the rate and manner of taxation may vary in any one district from that in another or other districts, and provide that the powers, authority, duties, liabilities and functions of any such new govern ing authority so created may vary from district to district.

9. For the assumption by said county-wide government of all bonded indebtedness and all other obligations of whatever kind of all governmental units, public authorities and special service districts which are consolidated by said charter and a method by which said county-wide government shall assume the payment of any obliga tions issued under the Revenue Bond Law.

10. For the transfer to said county-wide government of assets, contracts and franchises of all governmental units, and any public authorities and special service districts which have consolidated or merged with said county-wide government.

11. The purposes for which said county-wide government or governing authority or any agency thereof may levy taxes and the debt limitations applicable to such county-wide government or any agency thereof.
12. For the method or methods by which said charter may be amended.
Said local act may further provide for the qualifications and compensation of the members of said Charter Commission and for the expenses of said Charter Commission. The compensation of the members of the Charter Commission and the expenses of the Com mission shall be shared by the City of Athens and Clarke County in such manner as the General Assembly shall provide by said local act, and the governing authority of the City of Athens and the governing authority of Clarke County are hereby authorized to expend public funds for such purposes.

TUESDAY, FEBRUARY 15, 1966

1027

Nothing herein shall be construed so as to authorize the Gen eral Assembly or any Charter Commission created pursuant to any local act passed by the General Assembly in pursuance of this amendment to:
1. Alter the status of the Clarke County School District or any constitutional provision by which such named agency was authorized or preserved.
2. Impair or diminish any civil service pension and retirement rights existing at the time of the ratification of this amendment.

3. Abolish the office of sheriff.

4. Affect the status of any incorporated municipality located within Clarke County other than the City of Athens and the status or relationship that such incorporated municipalities bear to Clarke County and the City of Athens prior to the adoption of this amend ment shall continue to the same extent with any newly created county-wide governing authority that may be created under the provisions of this amendment.

5. Impair or diminish any homestead or other exemptions from taxation now or hereafter specified in this Constitution.

Provided, however, that none of the foregoing limitations shall be construed as prohibiting the General Assembly from exercising any legislative power with respect to the school district, office of sheriff, civil service and pension rights, incorporated municipalities and homestead exemptions which existed prior to the adoption of this paragraph.

The powers herein granted to the General Assembly:

1. Are remedial and shall be liberally construed to effectuate their purpose.
2. May be exercised by the General Assembly notwithstanding any other provisions of this Constitution or of law.

3. Shall not be exhausted by their initial exercise but may be exercised from time to time as said General Assembly may deter mine.
4. Are cumulative of all other powers now held by the General Assembly and are not in lieu thereof."

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

1028

JOURNAL OF THE SENATE,

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

"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to provide by local act for the creation of a Charter Commission to study all mat-
NO ( ) ters relating to the consolidation of the government of the Mayor and Council of the City of Athens and Clarke County and for the establishment of a succes sor government with powers and jurisdiction through out the territorial limits of Clarke County and to draft a proposed charter to create such successor government, which proposed charter shall be sub mitted to the voters of Clarke County for approval or rejection in such manner as the General Assembly shall provide by said local act?"

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

returns for elections for members of the General Assembly, and it shall

;

be the duty of the Secretary of State to ascertain the result and certify

the result to the Governor, who shall issue his proclamation thereon.

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

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

Those voting in the affirmative were Senators:

Adams Ballew Bateman Broun Carter Coggin Dean Downing Edenfield Eldridge Fincher of 51st Fincher of 54th Flowers Foster

Gayner Gillis Gregory 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 Searcey Smalley Smith

TUESDAY, FEBRUARY 15, 1966

1029

Spinks Thompson Tribble

Ward Webb Yancey

Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 241. By Mr. Vaughn of the 117th:
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the debt limitation of Rockdale County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1
Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"Notwithstanding any other provision in this Constitution to the contrary, effective January 1, 1967, the debt limitation of Rockdale County shall be ten per centum of the assessed value of all the taxable property therein in lieu of the seven per centum limita tion prescribed in this Paragraph."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to increase NO ( ) the debt limitation of Rockdale County?"

1030

JOURNAL OF THE SENATE,

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 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Moore McGill Noble

Owens Padgett Plunkett Pennington Rowan Searcey Smalley Smith Spinks Thompson Tribble Ward Wpbb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

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

HR 242. By Messrs. Story and Watson of the 22nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Gwinnett County to establish and administer

TUESDAY, FEBRUARY IB, 1966

1031

fire protection districts and sewerage districts in said county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SECTION 1

Article VII, Section IV, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following:

"The governing authority of Gwinnett County is hereby au thorized and empowered to establish and administer fire protection districts and sewerage districts in the unincorporated area of the County. The governing authority shall fix the geographical boun daries of any such district and may construct, maintain, operate and administer a fire protection system or a sewerage system, as the case may be, in such district. The governing authority is hereby authorized to levy a tax, not to exceed five mills, for such purpose on all property in said district, if the levying of such tax is approved by a majority vote of those qualified voters of said district voting at a special election to be called and conducted by the ordinary of said county in said district. The governing authority shall set the date for said election, which shall be held and conducted as are other special elections. General obligation bonds also may be issued for such purposes, to be paid for by taxes levied only in said district. In the event such bonds are issued, a tax may be levied in such district with no limitation as to rate or amount and such tax shall not be affected by the tax of not to exceed five mills provided for hereinbefore. If such bonds are issued, they shall be authorized in all respects as provided in Article VII, Section VII, Paragraph I of the Constitution at an election called and held by the governing authority of Gwinnett County and only those voters residing in the affected district shall participate in the election held for that purpose. Such bonds may be issued in an amount up to ten (10%) percent of the assessed valuation of m'oosrty located in such district and such percentage shall be in addition to that authorized else where in this Constitution. The governing authority is also au thorized to issue revenue bonds for such purposes as authorized by the Constitution and laws of this State. The homestead exemp tion granted under the Constitution and laws of this State shall not be granted and shall not apply to the levy of any taxes provided for herein. In order to assist in constructing, maintaining, operating, and administering any such system, assessments may be made against the property in such district benefitted thereby, and the General Assembly is hereby authorized to provide the property against which assessments may be made, the procedure relative thereto, and all other matters relative thereto. In addition to the authority granted hereinbefore, the governing authority of Gwin nett County is hereby authorized to contract with any other poli tical subdivision for the furnishing of fire protection services or sewerage services, or both, to any district established by the gov erning authority."

1032

JOURNAL OF THE SENATE,

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such 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:

"YES ( NO (

) Shall the Constitution be amended so as to authorize ) the governing authority of Gwinnett County to establish
and administer fire protection districts and sewerage districts in said county?"

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 returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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 Gregory

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 Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

TUESDAY, FEBRUARY 15, 1966

1033

On the adoption of the resolution, the ayes were 49, nays 0.

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

HR 246. By Messrs. Minge, Lowrey and Starnes of the 13th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the governing authority of Ployd County may establish water, sanitation, sewerage and fire protection districts in Floyd County; may administer water, sanitation, sewerage and fire protection systems in said districts; levy taxes, issue bonds and revenue bonds to operate, maintain and ad minister such districts and systems; provide what property shall be taxed for such purposes; to provide for the right of eminent domain; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The governing authority of the County of Floyd is hereby given the authority and power to establish and administer within the bounds of the County of Floyd water, sanitation, sewerage and fire protection districts, each of which shall have such areas as may be found by said governing authority to be desirable; and may therein create, construct, maintain and operate a system, or systems, for said purposes; and provided that a district created for any system may include area of other district or districts created for the same or other systems or purposes and for said purposes shall have the power to make necessary plans and surveys; to hire necessary employees; to levy taxes or assessments on all property in said district or districts therefor; to issue bonds and revenue bonds for the construction and maintenance of said systems; to enter into contracts with private persons, firms, partnerships, public corporations, corporations and municipal corporations. Taxes may be levied therefor on all property in said districts upon the vote of the majority of the qualified voters of said districts voting at a special election to be called by the ordinary of said county, and to be held in said district upon said question; provided that such taxes shall not exceed five mills upon the valuation of the property located in any such district. Bonds may be issued for such purposes and, if issued, shall be authorized in all respects as provided by Article VII, Section VII, Paragraph I of the Constitution at an election called and held by the governing authority of the County of

1034

JOURNAL OF THE SENATE,

Floyd, and only those voters residing in such district shall partici pate in such election held for that purpose. Any other provision of this Constitution to the contrary notwithstanding, the governing authority of said county may issue bonds in an amount up to ten (10%) percent of the assessed valuation of the property located therein subject to taxation for bond purposes and any such bonds issued in and for any such district shall not affect the amount of bonds Floyd County may issue under Article VII, Section VII, Para graph I of the Constitution for other purposes. Provided further, that the homestead exemption granted by Article VII, Section I, Paragraph IV of the Constitution, and the statutes enacted pursuant thereto, shall not be granted and shall not apply to the levy of the taxes herein authorized and provided for, either for the operation and maintenance of the systems or for debt service. Provided further, that for the purposes hereinabove enumerated the said County of Floyd shall have the power of eminent domain and may exercise same upon the payment of just and adequate compensation as provided by this Constitution and the laws of this State. The planning, construction and establishing of any such system or systems may be financed in whole or in part by the issuance of revenue bonds as provided in the Revenue Bond Law of this State. All prior laws and parts of laws, constitutional amendments, and statutes, dealing with water, sanitation, sewerage, and fire pro tection districts in Floyd County are hereby repealed."

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:

"YES ( NO (

) Shall the Constitution be amended so as to authorize and empower the governing authority of the County of
) Floyd to establish and administer water, sanitation, sewerage and fire protection districts, and to levy taxes, to issue bonds and have the power of eminent domain in connection therewith?"

All persons desiring to vote in favor of 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. Te returns of the election shall be made in like manner as returns for elections for members of the General Assmbly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

TUESDAY, FEBRUARY 15, 1966

1035

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 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

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 Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 247. By Messrs. Lowrey, Minge and Starnes of the 13th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize Floyd County, in unincorporated areas, to construct, pave, maintain and improve public streets, roads, curbing, guttering, drainage, street lights and sidewalks and assess all or a portion of the cost of same against abutting property and the owners thereof with the approval of a ma jority of said abutting property owners: to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

1036

JOURNAL OF THE SENATE,

SECTION 1
Article XI, Section I, Paragraph I of the Constitution, as amended, is hereby amended by adding at the end thereof the following:
"Within the unincorporated areas of Floyd County the Com missioners of Roads and Revenue of Floyd County, as the governing authority of said county, shall have full power and authority to construct, pave, maintain and otherwise improve public streets, roadways, curbing, guttering, drainage, street lights and sidewalks, and to assess all or a portion of the cost of such construction, pave ment, maintenance or improvement against the abutting property owners thereof; provided, however, a majority of said abutting property owners and a majority of said abutting property owners owning a majority of the front footage of the abutting property to be improved must agree to such assessment before said govern ing authority shall have authority to assess said abutting property owners for the costs of such improvements. If said abutting prop erty owners approve such assessment as herein provided, said gov erning authority may provide for the issuance and enforcement of execution for the collection of such assessments, and for the crea tion of liens thereby against such abutting property. In all such cases, however, the cost shall be determined and assessed under uniform rules and regulations as adopted from time to time by the governing authority of Floyd County and applied uniformly to all roads, streets, sidewalks, curbing, guttering, drainage, street lights and properties of the same class, and similarly situated, and further provided that such rules and regulations as initially adopted may be changed, rescinded, modified, and amended from time to time by the governing authority of Floyd County with the effective date of any such change, rescission, modification or amendment being at least thirty (30) days after publication of notice of such change, rescission, modification or amendment one time in the newspaper in which sheriff's advertisements are published in Floyd County."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize Floyd County, in unincorporated areas, to construct, pave, maintain and improve public streets, roads, curbing, guttering, drainage, street lights and side-
NO ( ) walks and assess all or a portion of the cost of same against abutting property and the owners thereof

TUESDAY, FEBRUARY 15, 1966

1037

with the approval of a majority of said abutting property owners?"

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 note "No".

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

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Ballew Bateman Broun Carter Coggin Dean Downing Edenfield Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

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 Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

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

1038

JOURNAL OF THE SENATE,

HE 250. By Mr. Black of the 56th:

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the governing of Chattahoochee County to assess and collect license fees and taxes upon businesses located in Chattahoochee County outside the limits of any incorporated municipality; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

"The governing authority of Chattahoochee County is hereby authorized to fix, levy and assess license fees or taxes on all persons, firms and corporations maintaining a place or places of business in the area of Chattahoochee County, Georgia outside the incor porated limits of any municipality located therein except those busi nesses which are subject to regulation by the State Public Service Commission and to classify all such persons, firms and corporations according to the nature, manner and size of business conducted by such persons, firms and corporations and to fix, levy and assess different license fees or taxes against different classes of trades, businesses, callings, avocations or professions. Such licenses shall be issued, annually or otherwise, and may be revoked, cancelled or suspended after notice and a hearing, in accordance with rules prescribed by said governing authority. The governing authority shall be further authorized and empowered to adopt ordinances and resolutions to govern and regulate all such trades, businesses, callings, avocations or professions for the purposes of protecting and preserving the health, safety, welfare and morals of the citi zens of said county. Payment of said license fees or taxes may be enforced by fi. fas. issued by the governing authority of said county and levied by any officer in said county authorized by law to levy fi. fas. for taxes, assessments, fines, costs or forfeitures due said county. Said governing authority shall be authorized, in its discre tion, to require any and all persons, firms or corporations licensed under the provisions of this Act to give a bond payable to Chatta hoochee County and conditioned to pay said county or anyone else, suing in the name of said county and for their use, for injuries or damages received on account of dishonest, fraudulent, immoral or improper conduct in the administration of the business so licensed, such bond to be fixed and approved by said governing authority but not to exceed the sum of $5,000.00. Such license fees or taxes shall be in addition to all other taxes or assessments heretofore or hereafter levied by said county, and all funds received from same shall be paid into the county depository as general funds of said county. Any person, firm or corporation who shall violate any license regulation adopted by the governing authority of Chatta hoochee County or who shall fail to pay any license fee or tax pre-

TUESDAY, FEBRUARY 15, 1966

1039

scribed for any business under the provisions of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the 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 authorize the governing authority of Chattahoochee County to assess and collect license fees and taxes upon busi-
NO ( ) nesses located in Chattahoochee County outside the limits of any incorporated municipality?"

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 Ballew Bateman Broun Carter Coggin Dean Downing

Edenfield Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis

Gregory Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th

1040
Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Moore McGill

JOURNAL OF THE SENATE,

Noble Owens Padgett Pennington Plunkett Rowan
Searcey Smalley Smith

Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 255. By Messrs. Matthews and Bedgood of the 29th:
A RESOLUTION
Proposing an amendment to the Constitution to increase the mem bership of the board of education of Clarke County from nine to eleven members; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VIII, Section VII of the Constitution is hereby amended by striking therefrom Subparagraph (i) which was added to said Section by an amendment to the Constitution proposed by a resolution found in Georgia Laws 1953, January-February Session, page 560 and ratified at the general election conducted in 1954 and which reads as follows:
"(i) The board of education shall consist of not more than nine (9) members and not less than seven (7) members, with terms and qualifications as set by the General Assembly.",
and substituting in lieu thereof the following:
"(i) The board of education shall consist of not more than eleven (11) members and not less than seven (7) members, with terms and qualifications as set by the General Assembly."

TUESDAY, FEBRUARY 15, 1966

1041

SECTION 2

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

"YES ( ) Shall the Constitution be amended so as to increase the membership of the board of education of Clarke
NO ( ) County from nine to eleven members?"

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 51st Fincher of 54th Flowers Foster

Gayner Gillis Gregory 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 Searcey Smalley Smith

1042
Spinks Thompson Tribble

JOURNAL OP THE SENATE,

Ward Webb Yancey

Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

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

HR 273. By Messrs. Lane and Nessmith of the 64th:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Geor gia so as to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Statesboro and Bulloch County Development Authority; to provide for powers, authority, limi tations, funds, purposes and procedures connected therewith; to author ize the Authority to issue its bonds; to provide the method and manner of such issurance and validation and the effect thereof; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"1. Statesboro and Bulloch County Development Authority Created. There is hereby created a public body corporate and poli tic to be known as the Statesboro and Bulloch County Development Authority, hereinafter sometimes designated as the Authority, which shall be an instrumentality and a public corporation of the State of Georgia, the name of which, however, may in the future be changed by act of the General Assembly and the purpose of which shall be to acquire, construct, and equip self-liquidating projects including buildings and facilities for industrial develop ment, promotion, and expansion, and the cities of Statesboro, Brook let, and Portal and Bulloch County are hereby granted the right and power by proper resolution of the appropriate governing body to sell or lease to said Authority lands and buildings owned by them.
"2. Membership. The Authority shall consist of eight members, who shall be eligible to succeed themselves. One member shall be the mayor of Statesboro, and one shall be the chairman of the Board of Commissioners of Roads and Revenues of Bulloch County.

TUESDAY, FEBRUARY 15, 1966

1043

The other members shall be qualified registered voters of Bulloch County, two of whom shall be appointed by the Mayor and Council of the City of Statesboro and two of whom shall be appointed by the Board of Commissioners of Roads and Revenues of Bulloch County and two of whom shall be appointed by Bulloch County Chamber of Commerce. The terms of office of members of said Authority, as to the mayor of the City of Statesboro and the chairman of the Board of Commissioners of Roads and Revenues of Bulloch County, shall be concurrent with their respective terms as mayor and chair man. The other members of the Authority shall hold office for the term of five years and until their successors shall be appointed and qualified. Any vacancy on the Authority, except the positions of the members who shall be the mayor of the City of Statesboro and the chairman of the county commission, may be filled for any unexpired term by the body which made the appointment to the position which has become vacant. Immediately after such appoint ments, the members of the Authority shall enter upon their duties. The Authority shall elect one of its members as Chairman and one as Vice-Chairman, and shall elect a Secretary and a Treasurer, or a Secretary-Treasurer, who need not necessarily hold membership on the Authority. Four members of the Authority shall constitute a quorum, and no vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority, and in every instance a majority vote of a quorum shall authorize any legal act of the Authority, including all things necessary to authorize and issue revenue bonds. The members of the Authority shall receive no compensation for their services but may be reimbursed by the Authority for their actual expanses properly incurred in the performance of their duties. The Author ity shall make rules and regulations for its own government, and shall have perpetual existence. In the event the number of members of the Authority, or the number required to constitute a quorum, or the qualifications or compensation of the membership of the Authority, or the manner in which the members of the Authority shall be selected shall ever become the subject of change, the same may be accomplished by an act of the General Assembly.

"3. Definitions. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context:

(a) The word 'Authority' shall mean the Statesboro and Bul loch County Development Authority, created hereby.

"(b) The word 'project' shall mean and include real and per sonal property acquired or held by the Authority for the assistance, promotion, establishment, and development of new industry, and the assistance, promotion, and expansion of existing industry, trade, and commerce in Bulloch County, the acquisition and improvement of any such property for any such purposes, the acquisition, con struction, installation, and expansion of one or more buildings, plants, and articles of equipment for the purpose of using, selling, leasing, and renting such land, property, improvements, structures, and equipment to public or private persons, firms, corporations, or associations for such purposes.

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JOURNAL OF THE SENATE,

"(c) The term 'cost of project' shall embrace the cost of lands, buildings, improvements, machinery, equipment, property, ease ments, rights, franchises, material, labor, services acquired or con tracted for, plans and specifications, financing charges, construc tion costs, interest prior to and during construction, architectural, accounting, engineering, inspection, administrative, fiscal, and legal expenses, expenses incident to determining the feasibility or prac ticability of the project, expenses incident to the acquisition, con struction, equipping, and operation of any project or any part there of and to the placing of the same in operation and to the con demnation of any property incident to such construction and opera tion.
"(d) The term 'revenue bonds' as used in this amendment, shall mean revenue bonds under the provisions of the Revenue Bond Law, Ga. L. 1937, p. 761, as amended, codified in Ga. Code Ann., Ch. 87-8, and under the provisions of this amendment. The obligations au thorized hereby may be issued by the Authority in the manner authorized by said Revenue Bond Law.

"4. Powers. The Authority shall have all the powers neces sary or convenient to carry out and effectuate the purposes and provisions of this amendment, including, but without limiting the generality of the foregoing, the power:

"(a) to sue and be sued;

"(b) to adopt and alter a corporate seal;

"(c) to make and execute with public and private persons and corporations, contracts, leases, mortgages, rental agreements, and other instruments relating to its projects and incident to the exer cise of the powers of the Authority including contracts for construct ing, renting, and leasing of its projects;

"(d) to acquire by purchase, lease, gift, or otherwise, and to construct any real and personal property desired to be acquired or constructed as part of any project and to improve, extend, add to, reconstruct, renovate, or remodel any project or part thereof al ready acquired;
"(e) to hold, sell, lease, exchange, transfer, assign, pledge, mortgage, or dispose of, any real and personal property and any interest therein, and grant options for any such purposes;

"(f) to mortgage, pledge, or assign any revenue, income ,tolls, charges, and fees received by the Authority;

"(g) to appoint and select officers and retain agents, engi neers, architects, attorneys, fiscal agents, accountants and em ployees and to provide their compensation and duties;

"(h) to construct, reconstruct, acquire, own, alter, repair, remodel, maintain, extend, improve, operate, manage, and equip

TUESDAY, FEBRUARY 15, 1966

1045

projects located on land owned or leased by the Authority and to pay all or part of the costs of any such project from the proceeds of revenue bonds of the Authority or from any contributions, loans, and grants by persons, firms, or corporations, including the United States of America, and any other contribution, all of which the Authority is hereby authorized to received, accept, and use;

"(i) to acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper or by condemnation in accordance with the provisions of any and all exist ing laws applicable to the condemnation of property for public use, real property and rights and easements therein and franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to rent, lease, or make contracts with respect to the use of or disposition of the same in any manner it deems to the best advantage of the Authority and the purposes thereof. The Authority shall be under no obligation to accept and pay for any property condemned as provided herein except from the funds provided herein, and, in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the Authority and to the owners of the property to be con demned, and no property shall be acquired as provided herein upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money shall be deposited in trust to pay and redeem the fair value of such lien or encumbrance;
"(j) To accept, receive, and administer gifts, grants, loans, and devises of money, material, and property of any kind, includ ing loans and grants from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose;
"(k) To borrow money for any of its corporate purposes and to issue revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;
"(1) To exercise all powers usually possessed by private cor porations performing similar functions, which are not in conflict with the Constitution and laws of this State; and

"(m) pursuant to proper resolution of the Authority, to issue revenue bonds payable from the revenues of the Authority and its projects to provide funds for carrying out the purposes of the Authority, which bonds may be issued in either negotiable, coupon form, in which event they shall have all the qualities and incidents of negotiable instruments under the law of Georgia, or they may be issued in whole or in part in non-negotiable fully registered form, without coupons, payable to a designated payee or to the registered assigns of the payee with such conversion privileges as the Authority may provide, for the purpose of paying all or any part of the cost of any project, including the cost of constructing, reconstructing, equipping, extending, adding to, or improving such

1046

JOURNAL OF THE SENATE,

project, or for the purpose of refunding, as hereinafter provided, any such bonds of the Authority theretofore issued. Such revenue bonds shall be issued and validated under and in accordance with the applicable provisions of the Revenue Bond Law, Ga. L. 1937, p. 761, as amended, codified, in Ga. Code Ann. Ch. 87-8, providing for the issuance of revenue bonds, and in accordance with all terms and provisions thereof not in conflict herewith and in accordance with the Signatures on Public Securities Act, I. Ga. L. 1958, p. 689, codified in Ga. Code Ann., 81-119. As security for the payment of any revenue bonds so authorized, any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated, or otherwise encumbered, and the Authority may provide for foreclosure or forced sale of any property of the Au thority upon default on such bonds either in payment of principal or interest or upon default in the performance of any term or condition contained in any agreement or indenture entered into in connection therewith. Any such mortgage or encumbrance may be foreclosed in accordance with law and the terms thereof. Such bonds are declared to be issued for an essential public and governmental purpose, and such bonds and all income therefrom shall be exempt from all taxation within the State of Georgia.

"5. Credit Not Pledged and Debt Not Created by Bonds. Reve nue bonds issued under the provisions hereof shall not constitute a debt or a pledge of the faith and credit of the State of Georgia, the City of Statesboro, or Bulloch County, or of any other city, county, or other political subdivision of the State, but such bonds shall be payable from the rentals, revenues, earnings, and funds of the Authority as provided in the resolution or trust agreement or indenture authorizing the issuance and securing the payment of such bonds, and the issuance of such bonds shall not directly, indirectly, or contingently obligate the State or any city, county, or political subdivision thereof to levy or pledge any form of tax ation whatever for the payment thereof. No holder of any bond or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of the State or of any city, or county thereof nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon any such property. All such bonds shall contain on their face a recital set ting forth substantially the foregoing provisions of this section.

"6. Trust Agreement. In the discretion of the Authority any issue of revenue bonds may be secured by a trust agreement or indenture made by the Authority with a corporate trustee which may be any trust company or bank having the powers of a trust company within or without the State of Georgia. Such trust agree ment or indenture may pledge and assign rents, fees, charges, reve nues, and earnings to be received by the Authority. The resolution providing for the issuance of revenue bonds and such trust agree ment or indenture may contain provisions for protecting and en forcing the rights and remedies of the bondholders, including the right of appointment of a receiver upon default of the payment of any principal or interest obligation and the right of any re ceiver or trustee to enforce collection of any rents, fees, charges, or revenues for the use of the project or projects necessary to pay

TUESDAY, FEBRUARY 15, 1966

1047

all costs of operation or reserves provided for, the principal and interest on all bonds in the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the Authority. Such reso lution and such trust agreement or indenture may include coverants setting forth the duties of the Authority in relation to the acquisition of property for and construction of the project and to the custody, safeguarding, and application of all funds and cove nants providing for the operation, maintenance, repair, and insur ance of the project or projects and may contain provisions con cerning the conditions, if any, upon which additional revenue bonds may be issued. Such trust agreement or indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in securing bonds and debentures of corporations and may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All ex penses incurred in carrying out such trust may be treated as a part of the cost of maintenance, operation, and repair of the proj ect affected by such trust.

"7. Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issuance of revenue bonds of the Authority for the purpose of calling, refunding, or refinancing any revenue bonds issued under the provisions hereof and then outstanding, and to include in the amount of such refunding bonds all interest and any call premiums that may be required for the redemption and refunding of such outstanding bonds.

"8. Venue of Actions, Jurisdiction. Any action to protect or enforce any rights under the provisions hereof or any action against the Authority brought in the courts of the State of Georgia, shall be brought in the Superior Court of Bulloch County, Georgia, and any action pertaining to validation of any bonds issued under the provisions hereof shall be brought in said court which shall have exclusive, original jurisdiction of such actions.

"9. Revenue Bond Validation. All bonds of the Authority shall be confirmed and validated in the Superior Court of Bulloch County in accordance with the procedure of the Revenue Bond Law of Georgia, Ga. L. 1937, p. 761, as amended, codified in Ga. Code Ann., Ch. 87-8. The petition for validation shall be brought against said Authority, and the defendant shall be required to show cause, if any exists, why such bonds and the security therefor should not be validated. Notice of the validation hearing shall be published by the Clerk of the Superior Court of Bulloch County in which court such validation proceedings shall be initiated. Any resident of the State of Georgia may intervene in the validation proceed ing by filing an action or proceeding for such purpose prior to the entry of the judgment of the court validating such bonds and may assert any ground of objection to the validity and binding effect of such bonds and the security therefor and of such resolution and trust agreement on its own behalf and on behalf of all citizens and residents of the State of Georgia. After the expiration of such period of limitation no right of action or defense founded upon the

1048

JOURNAL OF THE SENATE,

invalidity of such bonds, resolution, trust instrument, or contracts related thereto shall be asserted nor shall the validity and binding effect of such bonds, resolution, trust instrument, or contracts be opened to question or attack in any court upon any ground what ever, except in an action of proceeding commenced and filed prior to the entry of the decree validating such bonds, and if no excep tion, appeal or notice of appeal to or from the decree validating such bonds is filed within thirty days from the date upon which such decree is entered, or if filed and the judgment shall be af firmed by the proper appellate court of this state, such decree shall be final and no appeal may be taken therefrom and shall be for ever conclusive upon the issue of the validity of such contracts and bonds and the security therefor and of such resolution and trust agreement against the Authority issuing the same and against the parties to such contracts and against all residents of the State of Georgia.

"10. Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties, or existence of said Authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency, or authority shall be created which will compete with the Authority so as to affect adversely the interest and rights of the holders of such bonds nor will the State itself so compete with the Authority. The provisions hereof shall be for the benefit of the Authority and the holders of any such bonds and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.

"11. Revenues, Earning, Rents, and Charges, Use.

"(a) For the purpose of earning sufficient revenue to make possible the financing of the construction of the project or projectsof the Authority with revenue bonds, the Authority is authorized and empowered to fix, revise, and collect rents, fees, and charges on each project which it shall cause to be acquired or constructed. Such rentals, fees, or charges to be paid for the use of such proj ect or projects shall be so fixed and adjusted as to provide a fund sufficient with other revenue, if any, of such project or projects or of said authority:

"(i) To pay the cost of operating, maintaining, and repair ing the project or projects, including reserves for insurance and extraordinary repairs and other reserves required by the resolu tion or trust agreement or indenture pertaining to such bonds and the issuance thereof unless such cost shall be otherwise provided for;

"(ii) To pay the principal of and interest on such revenue bonds as the same shall become due, including premium, if any, the proceeds of which shall have been or will be used to pay the cost of such project or projects;

TUESDAY, FEBRUARY 15, 1966

1049

"(iii) To comply with any sinking fund requirements con tained in the resolution or trust agreement or indenture pertaining to the issuance of and security for such bonds;

"(iv) To perform fully all provisions of such resolution and trust agreement or indenture relating to the issuance of or security for such bonds to the payment of which such rental is pledged;

"(v) To accumulate any excess income which may be required by the purchasers of such bonds or may be dictated by the require ments of such resolution or trust agreement or indenture or of achieving ready marketability of and low interest rates on such bonds;
"(vi) To pay any expenses in connection with such bond issue or of such project or projects including but not limited to trustees; attorneys, and fiscal fees.
"(b) Such rental shall be payable at such intervals as may be agreed upon and set forth in the rental contract or lease provid ing therefor and any such contract or lease may provide for the commencement of rental payments to the Authority prior to the completion of the undertaking by the Authority of any such project, and it may provide for the payment of rental during such times as such project or projects may be partially or wholly unten antable ;
"(c) Such rental contract or lease may obligate the tenants or lessees to operate, maintain, and keep including complete re construction, if necessary, the rented or leased premises and projects regardless of the cause of the necessity of such maintenance, re pair, or reconstruction;
"(d) Such rental contract or lease may obligate the tenants or lessees to indemnify and save harmless the Authority from any and all damage to persons and property occurring on or by reason of the leased property or improvements thereon and to undertake, at the expense of the tenants or lessees, the defense of any action brought against the Authority by reason of injury or damages to persons or property occurring on or by reason of the leased premises;
"(e) In the event of any failure or refusal on the part of the tenants or lessees to perform punctually any covenant or obligation contained in any such rental contract or lease, the Authority may enforce performance by any legal or equitable process against the tenants or lessees;
"(f) The Authority shall be permitted to assign any rental to it pursuant to such rental contract or lease to a trustee or pay ing agent as may be required by the terms of the resolution or trust agreement or indenture relating to the issuance of and security for such bonds;
"(g) The use and disposition of the Authority revenue shall be subject to the provisions of the resolution authorizing the issu ance of such bonds or of the trust agreement or indenture, if any, securing the same.

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JOURNAL OF THE SENATE,

"12. Sinking Fund. The revenue, rents, and earnings derived from any particular project or projects and any and all revenues, rents, and earnings received by the Authority regardless of whether or not such revenues, rents, and earnings were produced by a par ticular project for which bonds have been issued, unless other wise pledged, may be pledged by the Authority to payment of the principal of and interest on revenue bonds of the Authority as may be provided in any resolution authorizing the issuance of such bonds or in any trust instrument pertaining to such bonds, and such funds so pledged, from whatever source received, may in clude funds received from one or more or all sources and may be set aside at regular intervals into sinking funds for which pro vision may be made in any such resolution or trust instrument and which may be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall become due, (2) the principal of the bonds as the same shall mature, (3) the necessary charges of any trustee or paying agent for paying such principal and interest, and (4) any premium upon bonds re tired by call or purchase, and the use and disposition of any sink ing fund may be subject to such rpgulation as may be provided for in the resolution authorizing the issuance of the bonds or in the trust instrument securing the payment of the same.
"13. Exemption From Taxation. The exercise of the powers conferred upon the Authority hereunder shall constitute an essen tial governmental function for a public purpose, and the Authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation and main tenance of property acquired by it or of buildings erected or ac quired by it or any fees, rentals, or other charges for the use of such property or buildings or other income received by the Au thority. The exemptions from taxation herein provided shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority.
"14. Immunity From Tort Actions. The Authority shall have the same immunity and exemption from liability for torts and negli gence as the State of Georgia, and the officers, agents, and em ployees of the Authority, when in performance of work of the Authority, shall have the same immunity and exemption from lia bility for torts and negligence as the officers, agents, and employees of the State of Georgia. The Authority may be sued the same as private corporations may be sued on any contractual obligation of the Authority.
"15. Property Not Subject to Levy and Sale. The property of the Authority shall not be subject to levy and sale under legal process except such property, revenue, income, or funds as may be pledged, assigned, mortgaged, or conveyed to secure an obligation of the Authority, and any such property, revenue, funds, or in come may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation.
"16. Trust Funds. All funds received pursuant to the author ity hereof, whether as proceeds from the sale of revenue bonds or

TUESDAY, FEBRUARY IB, 1966

1051

as revenues, rents, fees, charges or other earnings, or as grants, gifts, or other contributions, shall be deemed to be trust funds to be held and applied solely as provided herein, and the bondholders entitled to receive the benefits of such funds shall have a lien on all such funds until the same are applied as provided for in any such resolution or trust instrument of the Authority.

"17. Construction. This amendment and all provisions, rights, powers, and authority granted hereunder shall be effective, not withstanding any other provision of this constitution to the con trary, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of its purposes.
"18. Effective Date. This amendment shall be effective imme diately upon proclamation of its ratification by the Governor.

"19. General Assembly. This amendment is self enacting and does not require any enabling legislation for it to become effective. However, the General Assembly may, by law, further define and prescribe the powers and enlarge and restrict the same and may, likewise, further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of the State of Georgia, and the scope of its operation shall be limited to the territory embraced within the corporate limits of Bulloch County, Georgia, as the same now or may hereafter exist, and the General Assembly shall have the power to authorize the City of Statesboro and Bulloch County, or either of them to levy taxes for the pur pose of aiding the Authority.
"20. Conveyance of Property Upon Dissolution. Should said Authority for any reason be dissolved after full payment of all bonded indebtedness hereunder, both as to principal and interest, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall be con veyed to Bulloch County or to the City of Statesboro, or both, in such manner as may be agreed upon by the City of Statesboro and Bulloch County, or title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any resolution or trust instrument relating to such property, subject to any mortgages, liens, leases, options to purchase, or other encumbrances outstanding against or in respect to said property at that time.
"21. Purpose. This amendment is adopted for the purpose of promoting and expanding the public good and welfare and indus try and trade within the territorial limits of Bulloch County and reducing unemployment by assisting, promoting, developing, and establishing new industries and assisting, promoting, and expand ing existing industries.
Section II. When the above proposed amendment to the Consti tution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly and the same has been entered on thair journals with the "Ayes" and "Nays" taken there on, such proposed amendment shall be published and submitted as pro-

1052

JOURNAL OF THE SENATE,

vided in Article XIII, Section I, Paragraph I of the Constitution of the State 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 create the Statesboro and Bulloch County Development Author ity and to provide for powers, authority, limitations,
NO ( ) funds, purposes, and procedures connected therewith and to authorize the Authority to issue its bonds and to provide the method and manner of such issuance and validation and the effect thereof?"

All persons desiring to vote in favor of 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 the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secre tary of State to ascertain the result and certify the result to the Gov ernor 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 Carter Coggin Downing Edenfield Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis

Gregory Hall Hill Holley Holloway Jackson Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill Noble

Owens Padgett Plunkett Rowan Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

TUESDAY, FEBRUARY 15, 1966

1053

On the adoption of the resolution, the ayes were 49, nays 0.

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

HR 271. By Mr. Grahl of the 52nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to consolidate and combine the offices of the clerk of the superior court and ordinary of Crawford County into one office and to provide that the various duties and responsibilities of each such office shall be discharged and exercised by the consolidated office; to authorize the General Assembly to provide the procedure connected therewith; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article XI, Section II of the Constitution as hereby amended by adding at the end thereof the following paragraph:
"The General Assembly is hereby authorized to consolidate and combine the offices of the clerk of the superior court and the or dinary of Crawford County into one office. The General Assembly is further authorized to provide the necessary procedures connected with such consolidation and to provide for the election, compensation, duties and responsibilities of such office."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to consolidate and combine the
NO ( ) offices of the clerk of the superior court and the ordinary of Crawford County into one office ?"

1054

JOURNAL OF THE SENATE,

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 returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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

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

Those voting in the affirmative were Senators:

Adams Ballew Bateman Broun Carter Coggin Dean Downing Edenfield Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

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 Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Yancey Young
.

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

On the adoption of the resolution, the ayes were 49, nays 0.

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

SR 66. By Senator Moore of the 31st:
A RESOLUTION Proposing an amendment to the Constitution so as to create the Polk School District by merging the county school system of Polk County

TUESDAY, FEBRUARY 15, I960

1055

and the independent school system of the City of Cedartown; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section V, Paragraph I of the Constitution is hereby amended by striking in its entirety the following language:

"All of Polk County lying outside of independent school systems now in existence in said county shall compose one school district and shall be under the control and management of a County Board of Education. There shall be a Polk County Board of Education which shall consist of nine (9) members, who shall serve without com pensation. The judge of the superior court of said county shall ap point the first board and three (3) of the members so appointed shall hold office for four years, three (3) for three (3) years, and three (3) for two (2) years. At the expiration of the terms of mem bers of said board so appointed their successors shall be elected by the qualified voters of that portion of Polk County which is now or may hereafter be under the jurisdiction of the Polk County Board of Education, and for a term of four years. The election for board members shall be held on the second Tuesday in December at an election held for the exclusive purpose of electing members of the Polk County Board of Education. All candidates for mem bership on the Polk County Board of Education shall register with the ordinary of said county at least ten days before the election. The ordinary shall provide for said election in the manner and at the same places as regular election and declare the results and certify to the proper authorities the duly elected member of said board. The nw Board of Education provided for in this amendment shall take office January 1, 1949, and the first election shall be held on the second Tuesday in December, 1950, and other elections shall be held on said date each year thereafter so that the terms of the member ship shall remain staggered. One member of the County Board of Education shall be elected from each of the attendance areas of Antioch, Aragon, Benedict, Brewster, Cedar-Lake, Fish, Fite, and two members shall be elected from the elementary school attendance area of Rockmart. The membership of the Polk County Board of Education shall be enlarged to thirteen, if and when the independent school system of Cedartown merges with Polk County School Sys tem and the four additional members shall be elected from the territory of the city limits of Cedartown. All rights, powers, and duties now exercised by the county board of education and the district trustees are hereby vested in the Polk County Board of Education. Should a vacancy occur on said board by reason of death, resignation, or otherwise, the remaining members of the board shall by secret ballot elect a successor who shall hold office until the first election for members of the board as herein provided. No person shall be eligible to hold office as a member of the Polk County Board of Education who is not of good moral character, who has not at least a fair knowledge of the elementary branch of an English education, who is not favorable to the common school system, and who is not a voter qualified to vote for members of the General Assembly. No publisher of school books or any agent for

1056

JOURNAL OP THE SENATE,

such publisher, or any person who shall have a pecuniary interest in the sale of school books shall be eligible for election as a member of said board of education.

"There shall be a County School Superintendent who shall be elected or appointed by the County Board of Education of Polk County. Before any person shall be elected or appointed County School Superintendent he shall have all of the qualifications which are now, or which may hereafter be prescribed by law for county school superintendents of the state, except that any legal require ment as to local residence shall not be applicable. From and after the ratification of this amendment the voters of Polk County shall no longer elect a County School Superintendent. That in addition to the tax of not less than five mills nor greater than fifteen mills, which the fiscal authority of the county is required to levy for the support and maintenance of education upon property located outside independent school systems as provided for in Paragraph 1, Section 12, Article 8 of the Constitution, the fiscal authorities of Polk County shall levy a tax, for the support and maintenance of schools under the jurisdiction of the Polk County Board of Education of two mills upon the dollar of all taxable property located in the County of Polk, when such additional two mill tax is recommended by the Polk County Board of Education."

"All of Polk County lying outside of independent school systems now in existence in said county shall compose one school district and shall be under the management and control of the county board of education which shall be the Polk County Board of Education, consisting of nine (9) members who shall serve without compensa tion. Upon ratification hereof by the qualified voters of this state, the judge of the superior court of said county shall appoint the first board as created herein and four (4) of the said members so appointed shall serve until December 31, 1954 and until their successors are duly elected and qualified; and five (5) of the said members so appointed shall serve until December 31, 1956 and until their successors are duly elected and qualified. Thereafter the terms of elected members shall be for four (4) years from the date they take office. The successors to the aforesaid appointed mem bers shall be elected in the year in which the terms of the aforesaid appointed members expire and at the same time and in the same manner and under the same rules and regulations as are members of the General Assembly of Georgia. Each of the school attendance areas of Antioch, Aragon, Benedict, Brewster, Cedar Lake, Fish, and Fite, shall be represented upon said board by a mem ber thereof who was a resident of that school attendance area at the time of his appointement or election, however, the attendance area of Rockmart shall be represented by two such members, and each such member shall be a representative of the county at large and nothing herein contained shall be construed to limit the countywide powers of such members. The number of members of the Polk County Board of Education shall be increased to thirteen (13) if and when the independent school system of Cedartown ceases to exist or merges with the Polk County school system and the retiring board of education of the Cedartown system, as constituted at the time of such merger, as herein described, shall appoint four

TUESDAY, FEBRUARY 15, 1966

1057

(4) of their members to serve on the Polk County Board of Educa tion, two (2) of which shall serve from the date of their appointment to December 31 of the year in which the first election, since the date of their appointment, for any members of the Polk County Board of Education is held; and two (2) of which shall serve from the date of their appointment to December 31 of the year in which the second election, since the date of their appointment, for any members of the Board of the Polk County Board of Education is held. The successors to such appointed additional members shall be elected at the same time, for the same term, and under the same rules and regulations as are members of the Polk County Board of Education at the time of said merger, as herein described, if any. In the event of said merger, as herein described, the City of Cedartown shall be represented on said board by four (4) members who resided within the city limits of Cedartown at the time of their election or appointment but each additional member shall also be a representative of the county at large and nothing contained herein shall be construed to limit the countywide powers of such additional members. All rights, powers and duties exercised by the board of education hereby abolished are hereby vested in the new Polk County Board of Education. Should a vacancy occur on said board by reason of death, resignation or otherwise, the remaining mem bers of the board shall by secret ballot elect a successor who shall hold office until the expiration of the term of his predecessor in office. No person shall be eligible to hold office as a member of the Polk County Board of Education who is not of good moral character, who has not at least a fair knowledge of the elementary branch of an English education, who is not favorable to the com mon school system and who is not a voter qualified to vote for the members of the General Assembly. No publisher of school books or any agent for such publisher or any person who shall have a pecuniary interest in the sale of school books shall be eligible for election as a member of said board of education.

"There shall be a county school superintendent who shall be elected or appointed by the County Board of Education of Polk County. Before any person shall be elected or appointed county school superintendent, he shall have all of the qualifications which are now, or which may hereafter be prescribed by law for county superintendents of this state, except that any legal requirement as to local residence shall not be applicable.

"In addition to the tax of not less than five (5) mills nor greater than fifteen (15) mills, which the fiscal authority of the county is required to levy for the support and maintenance of educa tion upon property located outside independent school systems, as provided in Paragraph I, Section XII, Article VIII of the Consti tution, the fiscal authorities of Polk County shall levy a tax for the support and maintenance of schools under the jurisdiction of the Polk County Board of Education of two (2) mills upon the dollar of all taxable property located in the County of Polk when such additional two (2) mill tax is recommended by the Polk County
Board of Education.",

and substituting in lieu thereof the following:

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JOURNAL OF THE SENATE,

"Effective at the time and in the manner provided hereinafter, there is hereby created the Polk School District by merging the county school system of Polk County and the independent school system of the City of Cedartown. There is hereby created the board of education of the Polk School District. Said board shall be com posed of nine (9) members as follows: Two members shall be residents of the Rockmart school attendance area and shall be referred to as Posts 1 and 2, respectively; one member shall be a resident of the Cedar Lake-Fite school attendance area and shall be referred to as Post 3; one member shall be a resident of the Brewster-Benedict school attendance area and shall be referred to as Post 4; one member shall be a resident of the Fish Creek-Antioch school attendance area and shall be referred to as Post 5; one member shall be a resident of the Aragon school attendance area and shall be referred to as Post 6; and three members shall be residents of the City of Cedartown and shall be referred to as Posts 7 through 9, respectively. One member shall be elected to fill each post. All members shall be elected by the voters of the entire county. For the purposes of this paragraph, the school attendance areas referred to herein shall be as presently set forth and delineated by a map which is on file in the office of the clerk of the superior court of Polk County at the time of the ratification of this amend ment, and shall remain as set forth therein unless specifically provided otherwise by an Act of the General Assembly, relative to the Polk School District.
"The first members of the board of education of the Polk School District shall be elected in a special election held for that purpose on March 15, 1967. Members elected to the board in said election shall take office on July 1, 1967, and those members of the board elected to Posts 1, 3, 5, 7, and 9 shall serve until December 31, 1970, and until their successors are duly elected and qualified. Those members elected to Posts 2, 4, 6 and 8 shall serve until December 31, 1968, and until their successors are duly elected and qualified. Thereafter, successors to the initial members of the board of education of the Polk School District shall be elected at the general election which is conducted in that year in which the respective term of office expires and they shall take office on the first day of January following their election and shall serve for a term of office of four years and until their successors are duly elected and qualified. In the event of a vacancy occurring on said board by the death, resignation of a member, or from any other cause other than the expiration of such member's term of office, the board shall by secret ballot elect his successor, who shall hold office for the balance of the term which he fills, and until his successor is duly elected and qualified.

"The county school system of Polk County and the board of education thereof, and the independent school system of the City of Cedartown and the board of education thereof, shall continue to exist until July 1, 1967, on which date the Polk School District and the board of education thereof shall come into existence. Even though the county school system of Polk County and the indepen dent school system of the City of Cedartown and their respective boards of education shall cease to exist on July 1, 1967, the re spective taxes levied for the support and maintenance of said

TUESDAY, FEBRUARY 15, 1966

1059

systems for the calendar year 1967 shall be levied, collected and turned over to the Polk School District for its use in providing for a system of education as herein provided.

'The board of education shall appoint the school superintendent of the Polk School District. The school superintendent of the independent school system of the City of Cedartown and the county school superintendent of the county school system of Polk Count" shall continue to serve as such and such offices shall continue to exist until July 1, 1967, upon which date the office of school superintendent of the Polk School District shall come into existence. The Polk School District shall constitute a political subdivision of the State of Georgia, which shall be separate and distinct from the political entities of the City of Cedartown and the County of Polk. Said school district is authorized to incur bonded indebtedness for the purpose of constructing, erecting, repairing and improving the necessary school buildings of the district and for the purpose of acquiring the necessary property therefor. The Polk School District is hereby authorized to levy a tax for the support and maintenance of education of not more than 20 mills, but the provisions for re moving or increasing such limitation shall be the same as provided in Article VIII, Section XII, Paragraph I of the Constitution, as amended. On the date provided for herein for the new district to come into existence, all property and facilities and all assets,
debts and obligations including the bonded indebtedness incurred for the benefit of the two systems so merged by the City of Cedartown and the old Polk County School System shall become the prop erty, facilities, assets, debts and obligations of the Polk School District.

"Except as hereinafter provided, the Polk County School District, board of education and school superintendent thereof shall be subject to all constitutional and general statutory provisions relating to county systems of education, county boards of education and county school superintendents except as those provisions conflict with the provisions of this amendment to the Constitution. The General Assembly is authorized to provide by law for such matters as may be necessary to the operation and control of the Polk County School District not otherwise provided for herein.

"There shall be not less than one high school maintained within the corporate limits of the City of Cedartown and not less than one high school maintained within the corporate limits of the City of Rockmart, as said corporate limits may now or hereafter exist."

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

1060 :

JOURNAL OP THE SENATE,

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 create the Polk School District by merging the county school
( ) system of Polk County and the independent school system of the City of Cedartown?"

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 returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The Committee on County and Municipal Governments offered the following amendment:

i

By striking from Section 1 the sixth and seventh quoted paragraphs

and substituting in lieu thereof the following paragraphs:

1

"Effective at the time and in the manner provided hereinafter,

there is hereby created the Polk School District by merging the

county school system of Polk County and the independent school

system of the City of Cedartown. There is hereby created the board

of education of the Polk School District. Said board shall be com

posed of nine (9) members as follows: Two members shall be

residents of the Rockmart school attendance area; one member shall

be a resident of the Cedar Lake-Fite school attendance area; one

member shall be a resident of the Brewster-Benedict school at

tendance area; one member shall be a resident of the Fish Creek-

Antioch school attendance area; one member shall be a resident of

the Aragon school attendance area; and three members shall be

residents of the City of Cedartown. All members shall be elected

by the voters of the entire county. For the purposes of this para

graph, the school attendance areas referred to herein shall be as

presently set forth and delineated by a map which is on file in the

office of the clerk of the superior court of Polk County at the time

of the ratification of this amendment, and shall remain as set

forth herein unless specifically provided otherwise by an Act of the

General Assembly, relative to the Polk School District.

"The first members of the board of education of the Polk School District shall be elected in a special election held for that purpose on March 15, 1967. Members elected to the board in said election shall take office on July 1, 1967, and, except as hereinafter provided, they shall serve until December 31, 1970, and until their successors are duly elected and qualified. The two candidates who

TUESDAY, FEBRUARY 15, 1966

1061

receive the highest number of votes from the Rockmart school at tendance area shall be elected to the board. That candidate who receives the highest number of votes from said area shall serve until December 31, 1970 and that candidate who receives the second highest number of votes from said area shall serve until December 31, 1968. The three candidates who receive the highest number of votes from the Cedartown school attendance area shall be elected to the board. The two candidates who receive the highest number of votes from said area shall serve until December 31, 1970 and that candidate who receives the third highest number of votes from said area shall serve until December 31, 1968. Thereafter, successors to the initial members of the board of education of the Polk School District shall be elected at the general election which is conducted in that year in which the respective term of office expires and they shall take office on the first day of January following their election and shall serve for a term of office of four years and until their successors are duly elected and qualified. Candidates offering; for board from school attendance areas having more than one member on the board shall, when qualifying as candidates, designate by name the incumbent member of the board whose position on the board they offer as candidates for election. In the event of a vacancy occurring on said board by the death, resignation of a member, or from any other cause other than the expiration of such member's term of office, the board shall by secret ballot elect, his successor, who shall hold office for the balance of the term which he fills, and until his successor is duly elected and qualified."

By adding in the last quoted paragraph of said Section after the word "within" wherever it shall appear therein the words "or near",' so that when so amended said last paragraph shall read as follows:

"There shall be not less than one high school maintained within or near the corporate limits of the City of Cedartown and not less than one high school maintained within or near the corporate limits of the City of Rockmart, as said corporate limits may now or here after exist."

On the adoption of the amendment, the ayes were 36, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Adams Ballew Bateman

Broun Carter Coggin

Dean Downing Edenfield

1062
Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory Hall Hill Holley Holloway Jackson Johnson of 42nd

JOURNAL OF THE SENATE,

Johnson of 38th Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Moore McGill Noble Owens Padgett Pennington

Plunkett Rowan Searcey Smalley Smith Spinks Thompson Tribble Ward
Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

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

SB 216. By Senator Kidd of the 25th:
A bill to amend an act creating a new charter for the City of Milledgeville to change the date of the election; and for other purposes.

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

On the passage of the bill, the ayes were 33, nays 0.

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

SB 217. By Senator Kidd of the 25th:
A bill to amend an act creating a new charter for the City of Milledgeville to change the date on which city taxes become due and payable; and for other purposes.

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

TUESDAY, FEBRUARY 15, 1966

1063

On the passage of the bill, the ayes were 33, nays 0.

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

SB 234. By Senators Wesberry of the 37th, Thompson of the 34th, Coggin of the 35th, Ward of the 39th and others: A bill relating to interests on taxes due the state and county to provide that in certain counties the minimum interest payment shall be 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 33, nays 0.

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

SB 237. By Senator Webb of the llth:
A bill to fix, allow and provide for the compensation of the sheriff of Miller 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.

SB 236. By Senators Holley of the 22nd and Padgett of the 23rd:
A bill to amend an act establishing and creating a municipal court in and for the City of Augusta, so as to change the compensation of certain officers and personnel of said court; and for other purposes.

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

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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.

HR 243. By Mr. Harris of the 85th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing body of the City of Brunswick to levy an annual ad valorem tax upon the taxable property located in that district and area within said city described as "Downton Brunswick" to be used in assisting and promoting the economic improvement and development of said cen tral business district, and to that end to acquire by lease or purchase property in such area, and for the installation, construction or recon struction and maintenance therein and thereon of streets, parks, pedes trian malls and plazas, and playgrounds, off-street parking facilities, public parking areas and public parking facilities, and the relocation of any of the same, and other improvements and facilities useful or de sirable in connection therewith; defining the district and area to be known as "Downtown Brunswick"; limiting such tax millage; to provide for powers, authority, funds, purposes and procedure connected there with; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Article VII, Section VII, Paragraph V of the Consti tution of the State of Georgia is hereby amended by adding at the end thereof the following:
"A. There is hereby created within the corporate limits of the City of Brunswick in Glynn County, Georgia, a district and area to be known as 'Downtown Brunswick' in the central business district of said city, defined and described according to the well known maps and plan of said city as follows:
Beginning at a point on the westerly line of Newcastle Street where the northerly line of New Town Lot No. 169 intersects with the westerly line of Newcastle Street; thence running an an easterly direction along the easterly projection of the northerly line of New Town Lot No. 169 to the easterly line of Newcastle Street; thence running in a southerly direction along the easterly line of New castle Street to the southerly line of "H" Street; thence running in an easterly direction along the southerly line of "H" Street to the eastern line of Reynolds Street; thence running in a southerly direction along the eastern line of Reynolds Street to the southern line of "F" Street; thence running in an easterly direction along the southern line of "F" Street to the eastern line of Ellis Street; thence running in a southerly direction along the easterly line of Ellis Street to the northern line of Old Town Lot No. 281; thence

TUESDAY, FEBRUARY 15, 1966

1065

in an easterly direction along the northern line of Old Town Lot No. 281 to the westerly line of Egmont Street; thence along the westerly line of Egmont Street to the southerly line of Old Town Lot No. 285; thence in a westerly direction along the southerly line of Old Town Lot No. 285 projected westwardly to the westerly line of Ellis Street; thence running in a southerly direction along the westerly line of Ellis Street to the southerly line of Old Town Lot No. 236; thence running in a westerly direction along the westerly line of Old Town Lot No. 236 projected westwardly to the western line of Union Street; thence running in a southerly direction along the western line of Union Street to the southerly line of Monk Street; thence running in a westerly direction along the southerly line of Monk Street to the western line of Reynolds Street; thence running in a southerly direction along the western line of Reynolds Street to the southerly line of Old Town Lot No. 146; thence running in a westerly direction along the southerly line of Old Town Lot No. 146 projected westwardly to the westerly line of Richmond Street; thence running in a southerly direction along the westerly line of Richmond Street to the northern line of Howe Street; thence running in a westerly direction along the northerly line of Howe Street to the westerly line of Grant Street; thence running in a northerly direction along the westerly line of Grant Street to the northerly line of Old Town Lot No. 68; thence running in a westerly "direction along the northerly line of Old Town Lot No. 68 to the easterly line of Oglethorpe Street; thence running in a southerly direction along the easterly line of Ogle thorpe Street to the northern line of Howe Street; thence running in a westerly direction along the northerly line of Howe Street to the U. S. Harbor line as established by the War Department August, 1916; thence in a northerly direction along the said U. S. Harbor line and the low water line of Academy Creek to a point where the northerly line of New Town Lot No. 112 projected in a westerly direction would intersect with the low water line of Academy Creek; thence in an easterly direction along the said projected line of New Town Lot No. 112, along the northerly line of New Town Lot No. 112, and the northern line of New Town Lot No. 169 to the point of beginning;

"B. The governing body of the City of Brunswick be and is hereby authorized to levy an annual ad valorem tax not exceeding four mills per dollar of assessed valuation on all property located within the district or area herein defined and delineated as 'Down town Brunswick', not excluding any realty homestead exemption, such funds so produced by such levy to be used by said city in assisting and promoting the economic improvement and develop ment of said central business district, and to that end to acquire by lease or purchase property in such area, and for the installation, construction or reconstruction and maintenance therein and there on of streets, parks, pedestrian malls and plazas, and playgrounds, off-street parking facilities, public parking areas and public parking facilities, and the relocation of any of the same, and other improve ments and facilities useful or desirable in connection therewith.
Said governing body of said city is specifically authorized to use
such amounts from its funds so raised by such tax levy in each year
as it shall deem in its discretion to be in the best interest of the

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city and its residents in keeping with the purposes of this amend ment, including the right to pledge all or so much of such funds, as may be necessary, raised by such tax levy to the payment of the principal and interest on any of its revenue bonds or obliga tions which it may hereafter issue and the creation and maintenance of a reserve for that purpose, said tax being in addition to those now authorized by law;

"C. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of the residents of the City of Brunswick, the economic improvement and develop ment of said described central business district and making of longrange plans for such economic development and improvement and to authorize the levy of taxes and the use of public funds of said city for such purpose and same is hereby determined and declared to be a governmental function of said city;

"D. In addition to all the rights, powers and authority now conferred by law upon the governing body of the City of Brunswick, this amendment shall confer upon the governing body of said city all powers, rights, and privileges herein granted and such additional rights, powers and privileges that may hereafter be granted by the enactment of any implementing legislation by the General As sembly of Georgia;
"E. The property, obligations and the interest on the obliga tions of the city issued hereunder shall have the same immunity from all State and local taxation as the property, obligations and interest on other obligations of the City of Brusnwick;

"P. The power of the city conferred hereunder shall include, but shall not be limited to, the power;
(1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease and mortgage land, buildings and property of all kinds and character, including, but not limited to machinery, apparatus, equipment and utilities useful or desirable in connection therewith, within the district or area hereinabove defined as "Downtown Bruns wick";
(2) To receive and administer gifts, grants, and donations and to administer trusts and to enter into trust indentures;

(3) To grant, loan and lease any of its funds and property to private persons and corporations agreeing to operate and expand any commercial or business enterprise or establishment within the district or area hereinabove defined as "Downtown Brunswick", which in the judgment of the governing body of the City will be of benefit to the economic improvement and development of said district or area and to said city. The provisions of this clause shall not be construed to limit any other powers of the city;
(4) To borrow money and issue notes, obligations and revenue bonds therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security for the

TUESDAY, FEBRUARY 15, 1966

1067

payment thereof and interest thereon and to secure the repayment of any such money so borrowed by the terms of the resolution authorizing such financing and to enter into a trust indenture relative thereto;
(5) The rights, powers and privileges now enjoyed by the city under Article VII, Section VI, Paragraph I, of the Constitution of this State to contract with Glynn County, the State and any agency, political subdivision or public corporation thereof is hereby expressly reaffirmed and shall include all rights, powers and privileges herein granted and in addition thereto the city is au thorized to contract with private persons and corporations and to sue and be sued in its corporate name in the accomplishment of the overall purposes herein provided;

(6) To appoint and employ officers, agents and employees and to provide for their compensation in order to effectuate the purposes of this amendment;
(7) To encourage and promote the economic improvement, development and rehabilitation of the central business district and areas hereinabove defined and to make long range plans therefor;

(8) To accumulate its funds from such tax levy herein au thorized from year to year and to invest and reinvest such funds;

(9) To designate any of its corporate officers to sign and act for the City pertaining to the rights, powers and privileges herein conferred;
(10) To do any and all acts and things necessary, convenient or desirable to accomplish the purpose of this amendment and the rights, powers and privileges herein conferred;

"G. The revenue bonds or obligations herein authorized to be issued shall not be deemed to constitute a debt of the City of Brunswick within the meaning of Artcile VII, Section VII, Para graph I, of the Constitution, nor a pledge of the faith and credit of said city nor shall the city be subject to any pecuniary liability thereon. The revenue bonds shall not be payable from, nor a charge upon, any funds of the city other than the revenues pledged to the payment thereof and interest thereon, which revenues shall in clude any funds derived from the special tax levy herein provided and monies derived from the lease or sale of any facilities of the city herein authorized to be acquired, constructed and equipped. Any bondholder, however, shall have the right to compel the city to levy the special tax herein prodvided for within the limit herein prescribed to pay the bonds and interest thereon if the city in its proceedings authorizing the issuance of such bonds has pledged the revenues derived from such special tax levy to the payment of any such bonds and the interest thereon;

"H. The authority hereby granted to the City of Brunswick to issue revenue bonds shall apply not only to revenue bonds issued by said city to provide funds for the purchase, construction, exten-

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sion, repair or improvement of such facilities and undertakings as are specifically authorized and enumerated by the Act of the General Assembly, approved March 31st, 1937, known as the "Rev enue Certificate Law of 1937", as amended by the Act approved March 14, 1939, as referred to in Article VII, Section VII, Para graph V, of this Constitution, but shall also include the issuance of said City of revenue bonds to provide funds for the purchase construction, extension, repair, or improvement of such facilities and undertakings as are specifically authorized and enumerated by the following Acts of the General Assembly: Georgia Laws 1949, page 973, approved February 25, 1949; Georgia Laws 1953, pages 489-491, approved March 4, 1953; and Georgia Laws 1957, page 410, approved March 13, 1957;

"I. The city is hereby authorized to issue revenue bonds or obligations from time to time, to carry out the purposes of this amendment. Revenue bonds or obligations so issued shall be paid solely from the revenues pledged to the payment thereof, which revenues may include any funds derived from the special tax levy provided hereunder. Such revenue bonds or obligations shall be authorized by resolution or ordinance of the governing body of the City of Brunswick, which may be adopted at a regular or special meeting by a majority vote of the members of said govern ing body. The governing body of said city in determining the cost of any undertaking for which revenue bonds or obligations are to be issued may include all costs relative to the issuance thereof, and without intending to limit such costs, may include, architectural, engineering, inspection, fiscal agents' and legal expenses estimated to accure from the date of any such bonds through the period of construction and for six months after such construction and such bonds shall bear such date or dates, mature at such time or times, not exceeding 30 years from their respective dates, bear interest at such rate or rates not exceeding seven per centum (7%) per annum and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments and conditions as the ordinance or resolution authorizing the issuance of such bonds may provide. All bonds and interest thereon so issued by said city are hereby declared to be tax exempt for any and all purposes. The terms, conditions, covenants and provisions contained in any such resolution or ordin ance authorizing the issuance of such bonds shall bind said govern ing body of said city then in office and its successors thereof, in cluding any covenant to levy taxes within the limits herein pre scribed for the purposes of providing such funds as may be necessary to pay the principal of and interest on any such issue or issues of said bonds and to create and maintain a reserve for that purpose. Such bonds issued by said city shall be validated in the Superior Court of Glynn County in the same manner as revenue bonds of municipalities are validated as provided under the Revenue Bond Law (Georgia Laws 1957, p. 36, et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Georgia Laws 1937, p. 761 et. seq., as amended). In the event no bill of exceptions, to the judgment of the superior court confirming and validating any such issue or issues of bonds, shall be filed within the time prescribed by law or if filed, such judgment should be affirmed by the Supreme

TUESDAY, FEBRUARY 15, 1966

1069

Court of Georgia or the Court of Appeals of Georgia, the judgment of the superior court confirming and validating the issuance of such bonds shall be forever conclusive as to the validity of said bonds and the security for the payment thereof and interest thereon against said city and against any contracting party with said city as herein provided.

"J. The property of the city herein authorized to be acquired, constructed, and equipped shall not be subject to levy and sale under legal process except such property, income, revenues or funds as may be pledged, assigned, mortgaged or conveyed to secure any obligation of the city and any such property, funds, revenues or income may be sold under legal process to enforce payment of the obligations.

"K. This amendment and any law enacted with reference to the city in connection therewith shall be liberally construed for the accomplishment of the purposes now or hereafter authorized.

"L. This amendment shall be effective immediately upon pro clamation of its ratification by the Governor of the State of Georgia.

"M. This amendment is self-enacting and does not require any enabling legislation for it to become effective, however, the General Assembly may by law further define and prescribe the powers and duties of the city in connection therewith in the exercise thereof, and may enlarge the same and may likewise further regulate the management and conduct of the city pertaining hereto not incon sistent with the provisions of this amendment.

"N. There shall be no limitation upon the amount of revenue bonds or obligations which the city may issue, but no such revenue bonds or obligations shall be construed as a debt of the city within the meaning of the provisions of Article VII, Section VII, Para graph 1, of the Constitution of the State of Georgia and such revenue bonds or obligations and the interest thereon shall be payable solely from the revenues derived from the lease or sale of any of the facilities acquired or constructed by the city hereunder, and such revenues shall also include any funds from the special tax levy herein provided and pledged to the payment of any such issue or issues of bonds and the interest thereon.

0. This amendment shall be effective notwithstanding any other provision or provisions of the Constitution of the State of Georgia which might be construed in conflict herewith."

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

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

"YES ( ) Shall the Constitution be amended so as to authorize NO ( ) the governing body of the City of Brunswick to levy
an annual ad valorem tax upon the taxable property located within Downtown Brunswick and to provide for the powers, authority, funds, purposes, and pro cedure connected therewith?"

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 returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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

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

Those voting in the affirmative were Senators:

Adams Bateman Carter Coggin Dean Downing
Edenfield Eldridge Fincher of 54th Flowers Foster Gayner Gillis Gregory 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 Searcey Smalley
Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

TUESDAY, FEBRUARY 15, 1966

1071

On the adoption of the resolution, the ayes were 46, nays 0.

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

HR 290. By Mr. Herndon of the 74th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Appling County Industrial Development Authority; to provide for pow ers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or re jection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic to be known as the Appling County Industrial Development Authority which shall be deemed to be an instrumentality of the State of Geor gia and a public corporation.
"B. The Authority is created for the purpose of expanding and developing industry in Appling County and for improving the general welfare of said county.
"C. The Authority shall consist of seven (7) members as fol lows:
(1) The member of the House of Representatives in whose district Appling County is located.
(2) The Chairman of the Board of Commissioners of Roads and Revenues of Appling County.
(3) The Mayor of the City of Baxley.
(4) The President of the Appling Development Corporation.
(5) The President of Surrency Industries, Inc.
(6) The President of Appling Industries, Inc.
(7) The President of Jaycees for Progress, Inc.

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All such members shall serve by virtue of their office and in the event one of the four designated corporations ceases to be a corporation, the remaining members of the Authority shall appoint a member to serve on the Authority.

Prior to taking office the members shall subscribe to the fol lowing oath which shall be filed in the office of the Board of Com missioners of Roads and Revenue of Appling County, Georgia to wit: 'I do solemnly swear that I will fully and fairly perform the duties as a member of the Appling County Industrial Development Authority, So Help Me God.'

The members of the said Authority shall receive no compensa tion for their services.

"D. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context:

(1) The word 'Authority' shall mean the 'Appling County Industrial Development Authority,' created hereby.

(2) The word 'Project' shall be deemed to mean and include the optioning, leasing and acquisition of lands, properties and im provements for development, expansion and promotion of industry and the construction of buildings and plants or the acquisition of equipment for the purpose of selling, leasing, or renting such struc tures or equipment to private persons, firms or corporations.

(3) The term 'cost of project' shall embrace the cost of con struction, cost of lands, properties, easements, rights and fran chises acquired, the cost of machinery and equipment, financing charges, interest prior to and during construction, architectural and legal expenses, and plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and placing the same in operation; provided, however, that in no event shall entertainment or promo tional expenses be considered a part of the cost of any project.

"E. Any four (4) members shall constitute a quorum for the transaction of ordinary business of the Authority; however, any action with respect to any project of the Authority must be ap proved by not less than four (4) affirmative votes.

"F. The powers of the Authority herein created shall include, but not be limited to, the power:

(1) To have a seal and alter the same at pleasure.

(2) To contract and be contracted with, sue and be sued, implead or be impleaded, and complain and defend in all courts of

TUESDAY, FEBRUARY 15, 1966

1073

law and equity, to contract with political subdivisions and with private persons and corporations.

(3) To acquire, hold, and dispose of real and personal prop erty, including the stock of other corporations for its corporate purposes.
(4) To buy, acquire, receive as gifts, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage as well as execute deeds to secure debt to the and for land, buildings and property of all kinds within the County of Appling.

(5) To enter into contracts for periods of time not in excess of one hundred (100) years.

(6) To acquire in its own name by purchase on such terms and conditions, and in such manner as it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make con tracts with respect to the use of or dispose of the same in any manner it deems to be the best advantage of the Authority.

(7) To encourage and promote the expansion of industry in the County of Appling, and to make long-range plans therefor.

(8) To appoint and select officers, agents, and employees, in cluding engineering, architectural and construction experts, fiscal agents and attorneys, and to fix their compensation.

(9) To make contracts, and to execute all instruments neces sary or convenient, including contracts for construction of projects, and leases, and rental and sale of projects; or contracts with respect to the use of projects, which it erects or acquires.

(10) To construct, erect, acquire, own, repair, remodel, main tain, extend, improve, sell, equip, expand, add to, operate and man age projects and to pay the costs of any such project from the pro ceeds of revenue bonds or any other income of the Authority, or from any contributions or loans by persons, firms, or corporations, all of which the Authority is hereby authorized to receive and ac cept and use.
(11) To elect its own officers from the membership of the Authority and to authorize and empower such officers to act for the Authority generally or in any specific matter.

(12) To issue revenue bonds for the purpose of paying all or any part of the cost of any project of the Authority. To exercise all of the rights, powers and privileges and be subject to the same liabilities as a municipality under the provisions of the Revenue Bond Law (Ga. Laws 1957, p. 36 et seq.) amending the law for merly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761 et seq., as amended), as amended, and as subsequently

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amended, with reference to the issuance of such revenue bonds and validation of same insofar as such pertain to the corporate purposes of the Authority.
(13) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds or property pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof.

(14) To use the rents, profits and proceeds from the projects erected, leased or sold, to provide maintenance for such projects, and to discharge the principal and interest of revenue bonds issued by the Authority.
(15) To borrow money for any of its corporate purposes and to execute debentures, bonds, notes, mortgages, deeds to secure debt, trust deeds and other such instruments as may be necessary or convenient to evidence and secure such borrowing.

(16) To do all things within its powers to encourage industrial growth development in Appling County, and to encourage the loca tion of new industries in said county.

(17) To exercise any power granted by the laws of the State of Georgia to public or private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State.
(18) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested.

(19) To receive and administer gifts, grants and donations and to administer trusts.
(20) To do all things necessary and convenient to carry out the powers expressly conferred herein upon the Authority.

(21) To adopt, alter or repeal its own by-laws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business.
"G. It shall be the duty of the Authority to have all persons handling funds of the Authority fully and adequately bonded for their faithful accounting for such funds.

"H. The Authority shall not be allowed to create in any man ner any debt, liability or operation, against the State of Georgia, Appling County, nor any municipality in said county.

"I. The obligations and interest on the obligations of the Au thority shall have the same exemptions from taxation as obliga tions and interest on the obligations of Appling County. The ex-

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1075

eruptions from taxation herein provided shall not include exemp tions from sale and use taxes on property purchased by the Au thority or for use by the Authority.

The exemptions from taxation herein provided shall not ex tend to tenants nor lessees of the Authority. The right of any private person or corporation to use of occupy any real estate of the Authority for a period of five years or longer under any lease or other agreement for the purposes of taxation shall be classed as an interest in the real estate and as real property and shall be taxed as the General Assembly may hereafter provide by general or local law.
"J. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution, shall revert to Appling County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property.

"K. The books and records of the Authority shall be audited at the expense of the Authority, by a competent independent auditor, but not more often than annually. Whenever such audit shall be made, the minutes and records of the same shall be filed with the Clerk of the Board of Commissioners of Roads and Revenue of Appling County.
"L. The rights and powers herein conferred upon the Au thority are self executing and no enabling act of the General As sembly shall be necessary."

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, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Sec tion I, Paragraph I of the Constitution of Georgia of 1945, as amended. Such proposed amendment shall be submitted as provided in said paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to create the NO ( ) Appling County Industrial Development Authority and to provide for powers, authority, funds, purposes and procedures connected therewith?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifyfying 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-

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turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result to the Governor, who shall issue his proclamation thereon.

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 Gregory

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 Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 42. By Mr. Johnson of the 25th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Elbert County Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

TUESDAY, FEBRUARY 15, 1966

1077

"A. There is hereby created a body corporate and politic in Elbert County in the State of Georgia to be known as the Elbert County Development Authority, which shall be an instrumentality of Elbert County and a public corporation and which in this amend ment is hereafter referred to as the 'Authority'.

"B. The Authority shall consist of five (5) members who shall be appointed as hereinafter provided. The governing authority of El bert County shall appoint two (2) members of the Authority, the governing authority of the City of Elberton shall appoint two (2) members to the Authority and the governing authority of the City of Bowman shall appoint one (1) member to the Authority. The first members appointed to the Authority by Elbert County shall be for terms of office of one (1) and four (4) years, respectively. The first members appointed to the Authority by the City of Elber ton shall be for terms of office of two (2) and three (3) years, respectively. The first member appointed to the Authority by the City of Bowman shall be for a term of office of five (5) years. Thereafter, the successors to the initial members appointed to the board shall be appointed by the respective governing authority making the original appointment for terms of office of five (5) years and until their successors are duly appointed and qualified. Vacancies in the membership of the Authority shall be filled by the governing authority which made the appointment in which the vacancy occurs. A majority of members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. Membership on the governing authority of any of the appointing authorities shall not prohibit any such member from being appointed to the Authority. Membership on the Authority will not disqualify any person to hold any public office.

"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Elbert County. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority; and shall not in clude exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority.

"D. The powers of the Authority shall include but shall not be limited to, the power:

"(1) To buy, acquire, accept and give options upon, develop, improve, own, operate, maintain, sell, lease, as lessor or lessee, and mortgage land, buildings, and real and personal property of all kinds within Elbert County;

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

"(3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations

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operating or proposing to operate any industrial plant or establish ment within Elbert County. The provisions of this clause shall not be construed to limit any other power of the Authority;

"(4) To borrow money for any of its corporate purposes and to issue notes, bonds and debentures and execute deeds to secure debt, trust deeds, trust agreements or indentures, and to sell, con vey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;

"(5) To issue revenue anticipation certificates of bonds for the purpose of paying all or any part of the cost of any project of the Authority. To exercise all of the rights, powers and privileges and be subject to the same liabilities as a municipality under the provisions of the Revenue Certificate Law of 1937 (Ga. L. 1937, pp. 761-774), as amended, with reference to the issuance of such certifi cates or bonds and validation of same insofar as such pertain to the corporate purposes of the Authority;

"(6) To contract with Elbert County and other political sub divisions of the State of Georgia and with private persons and corporations and to sue and to be sued in its corporate name;

"(7) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, insiding the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Ahthority and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority;

"(8) To encourage and promote the expansion and develop ment of industrial, agricultural, recreational and trade facilities in Elbert County, and to make long-range plans therefor, so as to relieve insofar as possible unemployment within its boundaries, and to that end its acquiral by purchase or gift any building or structure within the limits of Elbert County suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, fabricating plant, or any other type of structure, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construc tion thereon of a building, molding the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equip ping of such building. All of such acquisitions of property or ma chinery, equipment or furnishings may be made through the use of funds derived through the issuance of revenue certificates and all expansions of new or existing facilities may be made through the
use of such funds;

"(9) To exercise such other powers and duties, consistent with the purposes of the Authority, as may be delegated to it by the governing authority of Elbert County;

TUESDAY, FEBRUARY 15, 1966

1079

"(10) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

"(11) To designate officers to sign and act for the Authority generally or in any specific matter;

"(12) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.
"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against Elbert County, any municipality located therein, nor the State of Georgia;

"P. The Authority shall have the same immunity and exemp tion from liability for torts and negligence as the State of Georgia; and the officers, agents and employees of the Authority when in performance of the work of the Authority shall have the same im munity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Au thority may be sued the same as private corporations on any con tractual obligation of the Authority;

"G. The members of the Authority shall receive only such com pensation for their services to the Authority as shall be authorized by the governing authorities of Elbert County, the City of Elberton and the City of Bowman, but such compensation shall be paid from the funds of the Authority;

"H. The governing authority of Elbert County is hereby au thorized to levy an annual tax in an amount to be determined by such governing authority, but in no event shall such tar exceed three (3) mills on all taxable property within the County for the support of the Authority and for its use and purposes, and all funds raised by such tax shall be paid and appropriated by Elbert County to the Authority and when paid to the Authority, shall become a part of its funds and may be used by it for any of its purposes and powers as herein stated or as may be hereafter provided by law, which tax shall be in addition to all other taxes authorized by law;

"I. Elbert County, the City of Elberton and the City of Bow man are authorized to appropriate to the Authority such amount from their funds each year as each respective governing authority shall determine to be appropriate, but not exceeding twenty per cent of their total receipts from business licenses for the year, and any funds so appropriated when paid to the Authority shall be come a part of its funds and may be used by the Authority in ac cordance with its powers and purposes as herein stated or as may be hereafter defined by law;

"J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds

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JOURNAL OP THE SENATE,

as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds, or in come may be sold under legal process or under any power granted by the authority to enforce the payment of the obligation.

"K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Elbert County and its citizens, industry, agriculture, trade, commerce and recreation within Elbert County, and making of long-range plans for such development and expansion and to authorize the use of public funds of Elbert County for such purposes, and this amendment and any law enacted with reference to the Authority shall be liberally con strued for the accomplishment of this purpose;

"L. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Elbert County, and the scope of its operations shall be limited to the territory embraced within Elbert County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Elbert County;

"M. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Au thority shall be a debt of Elbert County, the City of Elberton, or the City of Bowman, nor the State of Georgia;

"N. Should said Authority for any reason be dissolved, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Elbert County, subject to any mortgages, liens, leases or other encum brances outstanding against or in respect to said property at that time;

"O. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context:

(1) The word 'project' shall be deemed to mean and include property, real and/or personal, acquired or held by the Authority for the assistance, promotion, establishment or development of a new industry or industries, or the assistance, promotion or expan sion of existing industry, trade or commerce in Elbert County, or any combination thereof; the acquisition of any such property for any such purpose or purposes; the improvement of any such prop erty or properties; and/or the construction, installation and/or expansion of one or more buildings, plants, and/or articles of equip ment for the purpose of using, selling, donating, leasing and/or renting such land, properties, improvements, structures or equip ment to public or private persons, firms, corporations and/or as sociations for such purposes.

TUESDAY, FEBRUARY 15, 1966

1081

(2) The term 'cost of project' shall embrace: the cost of lands, buildings, improvements, machinery, equipment, properties, ease ments, rights, franchises, materials, labor and services acquired and/or contracted for; the cost of financing charges and/or of interest prior to and during construction; architectural, accounting, engineering, inspection, fiscal and/or legal expenses; cost of plans and/or specifications; and/or any other expenses necessary or in cident to construction and/or improvements, and/or to determining the feasibility and/or practicability of the project, administrative expenses, and/or the acquisition, construction, equipping and/or operating any project or any part thereof.

"P. This amendment shall be self-executing and effective im mediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such 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:

"YES ( ) Shall the Constitution be amended so as to create the NO ( ) Elbert County Development Authority?"

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 returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

Senator Lee of the 47th offered the following amendment:
Amend HR 42 by striking in their entirety Subparagraphs (5) and (8) of Subparagraph B., quoted in Section 1 of said resolution, and substituting in lieu thereof new Subparagraphs (5) and (8) to read as follows:
"(5) To issue revenue bonds or obligations for the purpose of paying all or any part of the cost of any project of the Authority.

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To exercise all of the rights, powers and privileges and be subject to the same liabilities as a municipality under the provisions of the Revenue Certificate Law of 1937 (Ga. L. 1937, pp. 761-774), as amended, with reference to the issuance of bonds and validation of same insofar as such pertain to the corporate purposes of the Authority;"
"(8) To encourage and promote the expansion and development of industrial, agricultural, recreational and trade facilities in Elbert County, and to make long-range plans therefor, so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Elbert County suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, fabricating plant, or any other type of structure, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such build ing. All of such acquisitions of property or machinery, equipment or furnishings may be made through the use of funds derived through the issuance of revenue certificates and all expansions of new or existing facilities may be made through the use of such funds;".
By striking in its entirety Subparagraph H., which Subparagraph is quoted in Section 1 of said resolution, and substituting in lieu thereof a new Subparagraph H. to read as follows:

"H. The governing authority of Elbert County is hereby au thorized to levy an annual tax in an amount to be determined by such governing authority, but in no event shall such tax exceed three (3) mills on all taxable property within the County for the support of the Authority and for its use and purposes, including the use of such tax monies to meet debt service requirement for any bonds issued by the Authority, and all funds raised by such tax shall be paid and appropriated by Elbert County to the Authority and when paid to the Authority, shall become a part of its funds and may be used by it for any of its purposes and powers as herein stated or as may be hereafter provided by law, which tax shall be in addition to all other taxes authorized by law. Said County and Authority are hereby expressly granted the right and authority to enter into contracts pertaining to the levy of said tax and the uses thereof, as authorized hereunder and under Article VII, Section VI, Paragraph I of this Constitution;."

By adding at the end of Subparagraph (2) of Subparagraph O. which is quoted in Section 1 of said resolution the following:

"; cost of retiring, refinancing or refunding any outstanding debt or other obligation of any nature incurred by the Authority in connection with any project, as well as any debt or other obligation of an industrial development corporation heretofore or hereafter

TUESDAY, FEBRUARY 15, 1966

1083

incurred in connection with any industrial or commercial develop ment understaking in Elbert County",

so that when so amended Subparagraph (2) of Subparagraph O. shall read as follows:

"(2) The term 'cost of project' shall embrace: the cost of lands, buildings, improvements, machinery, equipment, properties, ease ments, rights, franchises, materials, labor and services acquired and/or contracted for; the cost of financing charges and/or of in terest prior to and during construction; architectural, accounting, engineering, inspection, fiscal and/or legal expenses; cost of plans and/or specifications; and/or any other expenses necessary or incident to construction and/or improvements, and and/or to deter mining the feasibility and/or practicability of the project, admin istrative expenses, and/or the acquisition, construction, equipping and/or operating any project or any part thereof; cost of retiring, refinancing or refunding any outstanding debt or other obligation of any nature incurred by the Authority in connection with any project, as well as any debt or other obligation of an industrial development corporation heretofore or hereafter incurred in con nection with any industrial or commercial development undertaking in Elbert County."

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, proposing an amendment to the Constitution, a roll call were 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 Giliis Gregory 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

1084
Searcey Smalley Smith Spinks

JOURNAL OF THE SENATE,

Thompson Tribble Ward Webb

Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted as amended.
The following general bills and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage:

SR 62. By Senators Holloway of the 12th, Smalley of the 28th, Carter of the 14th and others:
A resolution authorizing the Georgia State Game and Fish Commission to stock the lakes and ponds owned by the State of Georgia and located within a 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 28, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
SR 65. By Senators Holloway of the 12th, Gillis of the 20th, Kendrick of the 32nd and others:
A resolution creating an interim committee to study all matters relat ing to the feasibility of establishing a state liasion office in Washington, D. C.; 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.

TUESDAY, FEBRUARY 15, 1966

1085

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

HR 34. By Messrs. Smith of the 90th; Busbee of the 79th; Hale of the 1st; and Harris of the 118th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide a method whereby the manner of electing or appointing members of county boards of education and the superintendent of schools of county school systems,-and their term or tenure, may be changed by local or special law and local referendum thereon; to authorize the General As sembly to provide for consolidation or merger of county school districts and independent school systems into area school districts by local refer endum, for establishment of area boards of education, for organization and management of area school districts, and for changes therein by local referendum; to authorize boards of education of county, independent and area school districts to enter into contracts respecting certain matters; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VIII of the Constitution is hereby amended by striking in their entirety Sections V, VI and IX and substituting in lieu thereof new Sections V, VI and IX to read as follows:
"SECTION V.
"Paragraph I. County School District; County Board of Educa tion; Election or Appointment; Change by Referendum. -- (a) Authority is granted to counties to establish and maintain public schools. Except as provided in Section VI of this Article, each county, exclusive of any independent school system now in existence in a county, shall compose one county school district and shall be confined to the control and management of a county board of education. The members of the county board of education in each county shall be elected or appointed in the manner and for such term as may be provided by law applicable thereto at the time of adoption of this amendment of this Constitution, provided, however, that the manner of election or appointment and the terms of mem bers of county boards of education may hereafter be changed by local or special law provided the same is conditioned upon approval by a majority of the voters of the county school district voting in a referendum thereon. Such a referendum shall not be held more than one time in any five-year period. The members of the county board of education in each county shall be freeholders in such county and shall be elected or appointed from that portion of the county not

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JOURNAL OF THE SENATE,

embraced within the territory of an independent school district, and shall have such further qualifications as may be prescribed by law.
(b) County School Superintendent; Election or Appointment; Change by Referendum. There shall be a county school super intendent in each county school district, who shall be the executive officer of the county board of education. He shall be elected or appointed in the manner and for such term as may be provided by law applicable thereto at the time of adoption of this amendment of this Constitution, provided, however, that the manner of election or appointment and the tenure of the county school superintendent may hereafter be changed by local or special law provided the same is conditioned upon approval by a majority of the voters of the county school district voting in a referendum thereon. Such a rederendum shall not be held more than one time in any five-year period. He shall have such qualifications, powers, duties and com pensation as provided by law."
"SECTION VI.
"Paragraph I. Area School District; Area Board of Education; Area School Superintendent. -- The General Assembly may, by general, special or local law, provide for consolidation and merger of any two or more county school districts, independent school systems, or any combination thereof, into a single area school district under the control and management of an area board of education. No such consolidation or merger shall become effective until approved by a majority of the voters voting in a referendum thereon in each school district or school system to be affected there by. Any area school district so established shall constitute a separate political subdivision of this state, and the school districts or school systems incorporated therein shall stand abolished, and title to all school properties and assets thereof shall vest in the area board of education. The number of members of any area board of education, their method of election or appointment, and their terms and qualifications shall be as provided by law. There shall be an area school superintendent in each area school district, who shall be the executive officer of the area board of education. He shall be elected or appointed in the manner, and shall have such qualifications, tenure, powers, duties and compensation, as may be provided by law. Subsequent to the creation of an area school district, the number and the manner of election or appointment of members of the area board of education, and their terms of office and the manner of election or appointment of the area school superintendent, and his tenure, may be changed pursuant to local or special law, provided the same is conditioned upon approval by a majority of the voters of the area school district voting in a referendum thereon."
"SECTION IX.
"Paragraph I. Power of Boards to Contract With Each Other.-- Any two or more county boards of education, any two or more in dependent school systems, any two or more area boards of education, or any combination of the foregoing, may contract with each other

TUESDAY, FEBRUARY 15, 1966

1087

for the care, education and transportation of pupils and for such other activities as they may be authorized by law to perform."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" take thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I. Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to provide a method whereby the manner of electing or appointing members of county boards of education and superin-
NO ( ) tendent of schools may be changed by local or special law and local referendum; to provide for the estab lishment of area school districts; and to authorize local boards of education to enter into contracts re specting certain matters?"

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 returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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

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

Those voting in the affirmative were Senators:

Adams Ballew Bateman Broun Carter

Coggin Dean Downing Edenfield Eldridge

Fincher of 51st Fincher of 54th Flowers Foster Gayner

1088
Gillis Gregory Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick

JOURNAL OP THE SENATE,

Lee Loggins Maclntyre Miller Moore McGill Noble Owens Padgett Pennington Plunkett Rowan

Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 200. By Messrs. Harris, Farrar, Walling and Levitas of the 118th, Palmer, Malone, Carley and Vaughn of the 117th, and Westlake, Evensen, Bean and Higginbotham of the 119th:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to authorize the Board of Commissioners of Roads and Revenues of DeKalb County, Georgia, to provide systems of garbage disposal; to provide for the division of said county into such territorial sanitation districts as said board shall deem advisable; to provide for service charges against residents and businesses served by such disposal facilities; to provide for the compliance with rules and regulations adopted by said Board by all businesses and residents in said districts; to provide for the issuance of executions for said services; to provide for the submission of this amendment for ratification or rejection at the next general election; and for other purposes.
SECTION 1
Be it resolved by the General Assembly of the State of Georgia that Article VII, Section IV, Paragraph I, of the Constitution of the State of Georgia of 1945 be, and the same is hereby amended by adding a new paragraph thereto, which shall read as follows:
"The Board of Commissioners of Roads and Revenues of DeKalb County, Georgia, as the governing authority of said county, in addition to all powers heretofore conferred upon it, is hereby au-

TUESDAY, FEBRUARY 15, 1966

1089

thorized and empowered to provide systems of garbage disposal in said county. For the carrying out of such purpose, said board of commissioners shall be authorized to establish sanitation districts in such territorial areas of the county as it deems advisable and to levy assessments or make service charges against all businesses, residents and property served by said garbage disposal facilities as said Board shall deem necessary for the services rendered in said sanitation districts. Said board of commissioners shall have the power and authority to require and compel all businesses located therein and all persons residing in said area to comply with all rules and regulations adopted by said board for garbage disposal facilities. The assessments or service charges levied to pay the cost of such garbage disposal systems may be enforced by the issuance of fi. fas. or executions for said charges in the same man ner and with the same lien dignity and priority as fi. fas. or ex ecutions are issued for county taxes and shall be collected by the tax commissioner of said county in the same manner as taxes are collected."
SECTION 2

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

"For ratification of amendment to the Constitution so as to provide for the establishment of sanitary districts and service charges for garbage disposal facilities within DeKalb County."

"Against ratification of amendment to the Constitution so as to provide for the establishment of sanitary districts and service charges for garbage disposal facilities within DeKalb County."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for election for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the governor, who shall issue his proclamation thereon.

The Committee on County and Municipal Governments offered the following amendment:

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HR 200-423 is hereby amended by striking the period following the word "county" in the quoted section of Section 1 and adding thereto the following language:

"exclusive of any incorporated municipality not wholly lying in DeKalb County."

On the adoption of the amendment, the ayes were 36, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Adams Ballew Bateman Broun Carter Coggin Dean Downing Edenfield Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

Hall
Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatriek Lee Loggins Maclntyre Miller Moore McGill Noble

Owens Padgett Pennington Plunkett Rowan Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 49, nays 0.

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

TUESDAY, FEBRUARY 15, 1966

1091

SR 70. By Senators Smith of the 18th, Adams of the 26th, Tribble of the 3rd and others:
A resolution authorizing and directing the Georgia Ports Authority to execute a local assurer agreement with the United States Corps of Engineers and the County of Chatham; 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.

SB 131. By Senator Ward of the 39th:

A bill relating to bail required for certain procedures instituted for

the recovery of personal property; and for other purposes.

: '-''

The Committee on Judiciary offered the following substitute:
A BILL
To be entitled an act to amend Code Section 107-203, relating to bail required for certain proceedings instituted for the recovery of personal property, so as to provide that in case the defendant makes an affidivit that the property is not in his possession, custody or control, that he has not willfully concealed the property and is not able to produje the property, and that he is not able to give the security re quired by law, the defendant shall not be committed to jail; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY. OF GEOR3IA:
Seition 1. Code Section 107-203, relating to bail required for cer tain pioceedings instituted for the recovery of personal property, is hereby amended by adding at the end of said Code Section the following:
"Provided, however, that in case the defendant makes an af fidivit under oath that the property is not in his possession, cus;ody or control, that he has not willfully concealed the property and is not able to produce the property, and that he is not able to givt the security required by law, the defendant shall not be commifeed to jail. Such affidavit shall specifically describe the last knovn whereabouts of such property, include the name and address of tie person last having custody or possession of such property, and the present address of such person if it be different. The sheriff

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or other lawful officer making service shall inform the defendant of the right to make an affidavit and where the affidavit is made, it shall be returnable by the sheriff or other lawful officer to the court having jurisdiction of the case."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 31, 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.

SB 142. By Senators Hill of the 29th, McGill of the 24th, McKenzie jf the 17th and Edenfield of the 4th:
A bill to provide that if any county digest shall be returned by the State Revenue Commission for the purpose of equalizing tre assessment of various classes of property for ad valorem taxation purposes, the millage of such county shall be reduced or increased so tlat the overall revenue shall not deviate more than 10% of the previous years revenue; and for other purposes.

Senator Kendrick of the 32nd asked unanimous consent ftiat SB 142 be postponed to February 16, 1966.

The consent was granted.

SB 173. By Senators Carter of the 14th and Rowan of the 8ih:
A bill to amend an act requiring the State Auditor to establish an equalized adjusted school property tax digest, approved March 18, 1964 (Ga. Laws 1964, p. 706), so as to change the provisions in establishing such digest; and for other purposes.

Senator Smalley of the 28th offered the following amendmmt:
Amend SB 113 by adding the words "fair marke." before the word "value" on the 4th line from the bottom of the caption; By adding in

TUESDAY, FEBRUARY 15, 1966

1093

section 1 on the 3rd line of page two the words "fair market" between the words "actual1 'and "appraisals". By adding the words "fair market" before the word "value" in the sixth line of paragraph 2 of section 1.

On the adoption of the amendment, the ayes were 38, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 31, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
SB 214. By Senator Eldridge of the 7th: A bill to provide for clearance by quiet title proceedings of defects in real estate titles; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.

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

The following bill of the House was taken up for the purpose of considering House action thereto:
HB 6. By Messrs. Hull of the 104th, Murphy of the 26th, Conger of the 89th and others: A bill to comprehensively revise, supersede and modernize pretrial, trial and certain postrial procedures in civil cases; and for other pur poses.
Senator Smalley of the 28th moved that the Senate insist on its position on HB 6.
On the motion, the ayes were 29, nays 0, and the motion prevailed.

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HB 468: By Mr. Conger of the 89th:
A bill to repeal Code section 92-7002 providing that it shall be the duty of the State Revenue Commissioner to examine the tax digests of the several counties; and for other purposes.

Senator Smalley of the 28th offered the following amendment:
Amend HB 468 by striking the punctuation mark "." at the end of Subsection a of Section 1 and inserting the following:
"and to ascertain compliance with Article VII, Section I, Paragraph III of the Constitution."
By striking from Subsection b of Section 1 the following:
", so that the values fixed in one county shall not be Out of due proportion to the values fixed in other counties for the same class of property.",
and inserting in lieu thereof the following:
"in accordance with Article VII, Section I, Paragraph III of the Constitution."
By striking from Subsection c of Section 1 the following:
"as may appear to be just and right between the counties.",
and inserting in lieu thereof the following:
"so as to bring the various counties in compliance with Article VII, Section I, Paragraph III of the Constitution."

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 the passage of the bill, was agreed to as amended.

. On the passage of the bill, the ayes were 31, nays 1.

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

TUESDAY, FEBRUARY 15, 1966

1095

SB 197. By Senator Downing of the 1st:
A bill to create the Atlantic Coastal Tourist Commission as a commis sion and agency of the state government; and for other purposes,

Senator Plunkett of the 30th offered the following amendment:
Amend SB 197 by deleting from Section 5, paragraph 8 and from Section 5, paragraph 10, the words "or appropriated by authority of the General Assembly".

On the adoption of the amendment, the ayes were 28, nays 0, and the amend ment was adopted.
Senator Smalley of the 28th offered the following amendment:
Amend SB 197 by deleting from section 5 the sentence "The Com mission may exercise the right of eminent domain".

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 31, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.
Senator Fincher of the 51st asked unanimous consent that the following bill of the House be withdrawn from the Committee on Health and Welfare and recommitted to the Committee on Educational Matters.

HB 46. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:

A bill to authorize the State Board of Education, upon agreement of

the other State department or agency concerned to provide for the

education of children, youth and adults who are under the custody and

control of other departments and agencies of this State and located

or situated in an institutional or residential facility maintained by such

other department or agency; and for other purposes.

.

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The consent was granted.

SB 189. By Senators Holley of the 22nd and Noble of the 19th:
A bill to amend Code chapter 25-1, relating to the incorporation, organi zation and regulation of credit unions, as amended, so as to prescribe a new procedure for the incorporation of credit unions and for amending their charters and by-laws and for the renewal of their charters; and for other purposes.

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

On the passage of the bill, the ayes were 31, nays 1.

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

The following bill of the House was taken up for the purpose of considering House action thereto:
HB 200. By Messrs. Hale, Abney and Snow of the 1st, Harris of the 85th, Howard of the 101st, Lee of the 79th and others:
A bill to amend Code chapter 9-1, relating to applicants for admis sion to the practice of law, so as to change the educational requirements for applicants; to provide for certain exceptions and exemptions from the educational requirements; and for other purposes.

The House amendment to the Senate substitute was as follows:
Mr. Hale of the 1st moved to amend HB 200 by striking from Line 10 of Section 1, Subparagraph (b) (111) the words and figures "subparagraph (b) (1)" and inserting in lieu thereof the words and figures "subparagraph (b)."

Senator Smalley of the 28th moved that the Senate agree to the House amendment to the Senate substitute to HB 200.

On the motion, the ayes were 36, nays 0.

The motion prevailed, and the House amendment to the Senate substitute was agreed to.

TUESDAY, FEBRUARY 15, 1966

1097

SR 38. By Senators Webb of the llth and Jackson of the 16th:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the establishment of area school systems and area schools, including such special schools as vocational trade schools, schools for exceptional children, and schools for adult education, by two or more county and/or independent boards of education pursuant to general or local law and upon voter approval; to authorize the levy of taxes and incurrence of debt in support of such school systems and schools; to provide for the preservation of existing area schools; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section VI, Paragraph I of the Constitution is hereby amended by striking in its entirety Subparagraph (d) and insserting in lieu thereof a new Subparagraph (d) to read as follows:

"(d) The boards of education of any two or more counties, or independent school systems ,or any combination thereof, may estab lish, pursuant to general or local law enacted by the General As sembly, area school systems and/or area schools, including such special schools as vocational trade schools, schools for exceptional children and schools for adult education, in one or more of such political subdivisions; provided, however, that the establishment and operation of such area school systems or area schools pursuant to such general or local law, and any subsequent amendments thereof, shall be first approved by a majority of the voters voting thereon in each of the school districts or systems affected thereby in separate referendums held in the manner provided by law. The government, powers and duties of boards of education participating in or resulting from the establishment or operation of any such area school system or area schools, shall be defined in the general or local law authorizing the same, and such participating political subdivisions, or the resulting political subdivision in the case of an area school system placed by general or local law under the control of a consolidated area board of education shall be authorized to incur bonded indebtedness not to exceed three per centum of the assessed value of all the taxable property therein and to re quire the levy of school tax funds required for the establishment and operation of such area school system or area schools in such amount and manner as shall be provided in such general or local law, which shall be in addition to any and all other indebtedness and school tax fund levies as may be authorized by this Constitution and by the laws of this state. Area school systems or area schools established pursuant to the provisions of this Section shall be operated in conformance with regulations promulgated by the State Board of Education pursuant to the provisions of law. The state is hereby authorized to expend funds for the support and maintenance of such area school systems and area schools in such amount and manner as may be provided by law.

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"Area schools, including vocational trade schools, established prior to the adoption of this Amendment under the former Subparagraph (d) of Article VII, Section VI, Paragraph I shall not be affected by this Amendment, and any political subdivision which established such a school is hereby authorized to levy taxes for the support of such school regardless of whether it is located within the territorial limits of such subdivision and any such political subdivision is hereby authorized to incur bonded indebtedness, not to exceed three per centum of the assessed value of all the taxable property therein, for the support of, or acquisition and construction of facilities for, such school. Any such bonded indebtedness shall be incurred pursuant to the provisions of Article VII, Section VII, Paragraph I of this Constitution and the laws of this state relative to incurring other bonded indebtedness, except that the bonded in debtedness hereunder shall be in addition to any and all other indebtedness authorized by the Constitution and the laws of Georgia. Such taxes levied by such political subdivision shall be in addition to all school taxes authorized by this Constitution and the laws of this state. The state is hereby authorized to expend funds for the support of such established schools in such amount and manner as may be prescribed by the State Board of Education, subject to the provisions of law."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to authorize the establishment of area school systems and area
NO ( ) schools, including such special schools as vocational trade schools, schools for exceptional children, and schools for adult education, by county and independent boards of education?"

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.

TUESDAY, FEBRUARY 15, 1966

1099

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 Downing Eldridge Fincher of 51st Flowers Foster Gregory Hall Hill Holley

Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie Noble

Owens Padgett Plunkett Salome Sanders Searcey Smalley Smith Spinks Thompson Tribble Ward Webb

Those voting in the negative were Senators:

Dean Gillis

Rowan

Young

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

On the adoption of the resolution, the ayes were 43, nays 4.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
SB 210. By Senators Gillis of the 20th and Smith of the 18th: A bill to amend an act creating the Department of Commerce, approved February 7, 1949 (Ga. Laws 1949 p. 249), as amended particularly by an act approved March 6, 1962 (Ga. Laws 1962, p. 694), so as to au thorize, the publicizing of the State of Georgia; to repeal conflicting laws; and for other purposes.
The Committee on Industry and Labor offered the following amendment:
Amend SB 210 by striking in its entirety Section 1 and substituting in lieu thereof a new Section 1 to read as follows:
"Section 1. An Act creating the Department of Commerce, approved February 7, 1949 (Ga. Laws 1949, p. 249), as amended,

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particularly by an Act approved March 6, 1962 (Ga. Laws 1962, p. 694), is hereby amended by adding to Subsection (g) of Section 8 immediately before the period the following:

'and may participate with state funds not to exceed fifty per cent (50%) of the entire cost in the operation solely of tourist welcome centers operated by any such public agencies, or any political subdivision of this state, or any combination thereof, for any of the aforesaid purposes, for the promotion of Georgia's travel industry.',

so that when so amended Subsection (g) of Section 8 shall read as follows:
(g) To co-operate, counsel, and advise with, and to encourage and promote cooperative efforts with local community groups or groups within the State, public or private, engaged in publicizing the advantages, attractions, or resources of the State and may participate with state funds not to exceed fifty per cent (50%) of the entire cost in the operation solely of tourist welcome centers operated by any such public agencies, or any political subdivision of this state, or any combination thereof, for any of the aforesaid purposes, for the promotion of Georgia's travel industry.' "

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 36, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
SR 57. By Senators Foster of the 21st, Rowan of the 8th, and Adams of the 26th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that no general or special bill shall be passed by the General Assembly which provides for direct financial participation on the part of counties, municipalities and other political subdivisions in the State of Georgia unless the cost of such proposed legislation shall be made known to the governing authorities of such counties, municipalities or other political subdivisions by publishing same in the newspaper in which the sheriff's advertisements for the locality affected are published; to provide for

TUESDAY, FEBRUARY 15, 1966

1101

the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section VII, of the Constitution is hereby amended by adding at the end thereof a new paragraph to be known as Paragraph XXVII, which shall read as follows:
"Paragraph XXVII. No general or special bill shall be passed by the General Assembly which provides for direct financial par ticipation on the part of counties, municipalities and other political subdivisions in the State of Georgia, unless the cost of such proposed legislation shall be made known to the governing authorities of such counties, municipalities or other political subdivisions by publishing same in the newspaper in which the sheriff's advertise ments for the locality affected are published, once a week for three weeks during a period of 60 days immediately preceding its intro duction into the General Assembly. Said advertisement shall contain a summary of the financial participation required by each political subdivision affected by such legislation. No general or special bill which requires the direct financial participation on the part of counties, municipalities and other political subdivisions shall become law unless there is attached to and made a part of said bill a copy of said notice certified by the publisher, or accompanied by an affidavit of the author, to the effect that said notice has been published as provided by law."

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

"YES ( ) Shall the Constitution be amended so as to provide that no general or special bill shall be passed by the General Assembly which provides for direct financial
NO ( ) participation on the part of counties, municipalities and other political subdivisions in the State of Georgia, unless the cost of such proposed legislation shall be made known to the governing authorities of such counties, municipalities or other political subdivi sions?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragarph of the Constitution, it shall become a part of the Constitution of this

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State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
Senator Foster of the 21st offered the following substitute:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that no general or special bill shall be passed by the General Assembly which provides for direct financial participation on the part of counties, municipalities and other political subdivisions in the State of Georgia unless the cost of such proposed legislation shall be made known to the governing authorities of such counties, municipalities or other political subdivisions by registered letter from the Legislative Budget Analyst; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section VII, of the Constitution is hereby amended by adding at the end thereof a new paragraph to be known as Paragraph XXVII, which shall read as follows:

"Paragraph XXVII. No general or special bill shall be passed by the General Assembly which provides for direct financial par ticipation on the part of counties, municipalities and other political subdivisions in the State of Georgia, unless the cost of such pro posed legislation shall be made known to the governing authorities of such counties, municipalities or other political subdivisions by registered letter from the Legislative Budget Analyst to same governing authorities during a period of not less than fifteen (15) days and not more than sixty (60) days preceding its introduction into the General Assembly. Said letter shall contain a summary by the Legislative Budget Analyst giving his opinion of the financial participation required by each political subdivision affected by such legislation. No general or special bill which requires the direct financial participation on the part of counties, municipalities and other political subdivisions shall become law unless there is at tached to and made a part of said bill a copy of said registered letters from the Legislative Budget Analyst to affected counties, municipalities or other political subdivisions."

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.'

TUESDAY, FEBRUARY 15, 1966

1103

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

"YES ( ) Shall the Constitution be amended so as to provide that no general or special bill shall be passed by the General Assembly which provides for direct financial participation on the part of counties, municipali-
NO ( ) ties and other political subdivisions in the State of Georgia, unless the cost of such proposed legislation shall be made known to the governing authorities of such counties, municipalities or other political sub divisions?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying 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.

On the adoption of the substitute, the ayes were 24, nays 5, and the substiute was lost.

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 Edenfield Eldridge Fincher of 51st Flowers Foster

Gayner Gillis Gregory Holley Kidd Loggins Miller Minish

Those voting in the negative were Senators:

Carter Coggin Downing

Fincher of 54th Kendrick Kilpatrick

McGill Noble Padgett Rowan Thompson Young
Lee Maclntyre Moore

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Owens Plunkett Sanders

JOURNAL OF THE SENATE,

Searcey Spinks Webb

Yancey

Senator Jackson presiding, did not vote.

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

On the adoption of the resolution, the ayes were 22, nays 16.

The resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.
SR 81. By Senator Owens of the 49th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for four-year terms for members of the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section IV of the Constitution is hereby amended by striking Paragraphs I and II in their entirety and inserting in lieu thereof new Paragraphs I and II, to read as follows:
"Paragraph I. The members of the General Assembly shall be elected for four (4) years and shall serve until the time fixed by law for the convening of the General Assembly in the year following the fourth year of such member's terms of office.
Paragraph II. The first election for members of the General Assembly under this Constitution shall take place on Tuesday after the first Monday in November, 1966, and subsequent elections quadrenially on that day until the day of election is changed by law; notwithstanding that at the time of such election, this amend ment had not yet become a part of this Constitution, and the mem bers elected at such election shall serve for four (4) years."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as pro-

TUESDAY, FEBRUARY 15, 1966

1105

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 ( ) Shall the Constitution be amended so as to provide NO ( ) four-year terms of office for members of the General Assembly beginning with those members elected at the regular 1966 election?"

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.

Senator Gayner of the 5th offered the following substitute:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for four year terms for the members of the State Senate; to provide for four year terms for members of the House of Representatives; to pro vide for the submission of separate proposals to the people for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Article III, Section IV, Paragraph I, of the Constitution relating to the term of members of the General Assembly is hereby amended by adding at the end thereof a new paragraph to read as follows:
"Provided, however, the members of the Senate shall be elected for four years and shall serve until the time fixed by law for the convening of the General Assembly in the year following the fourth year of such members' terms of office. The Senators elected at the General Election of 1966 shall serve for four years, and elections for Senators shall take place quadrennially on Tuesday after the first Monday in November, until the day of election is changed by law."
Section 2. Article III, Section IV, Paragraph I, of the Constitution relating to the term of members of the General Assembly is hereby amended by adding at the end thereof a new paragraph to read as follows:

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"Provided, however, the members of the House of Representa tives shall be elected for four years and shall serve until the time fixed by law for the convening of the General Assembly in the year following the fourth year of such members' terms of office.
The Representatives elected at the General Election of 1966 shall serve for four years, and elections for Representatives shall take place quadrennially on Tuesday after the first Monday in November, until the day of election is changed by law."

Section 3. When this Resolution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the same shall be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. Sections 1 and 2 shall be submitted to the people separately so that they shall have the opportunity to vote on each proposal individually.

The ballot submitting the proposal in Section 1 shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to provide NO ( ) for four year terms for members of the State Senate?"

All persons desiring to vote for four year terms for members of the State Senate shall vote "Yes". All persons desiring to vote against four year terms for members of the State Senate shall vote "No".

If a majority of those voting, vote in favor of four year terms, then the language quoted in Section 1 shall become a part of the Constitution. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The ballot submitting the proposal in Section 2 shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to provide NO ( ) for four year terms for members of the House of
Representatives ?"

All persons desiring to vote for four year terms for members of the House of Representatives shall vote "Yes". All persons desiring to vote against four year terms for members of the House of Repre sentatives shall vote "No".
If a majority of those voting, vote in favor of four year terms, then the language quoted in Section 2 shall become a part of the Con stitution. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

TUESDAY, FEBRUARY 15, 1966

1107

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 adoption of the resolution by substitute, was agreed to.

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

Those voting in the affirmative were Senators:

Ballew Broun Carter
Coggin Downing Edenfield Eldridge Fincher of 51st Flowers Gayner Gillis Gregory Hall Hill

Holley Holloway Jackson Johnson of 38th Kidd Kilpatrick Lee Loggins Minish Moore McKenzie Noble Owens Plunkett

Rowan Salome Sanders Searcey Smalley Smith Spinks Tribble Ward Webb Yancey Young

Those voting in the negative were Senators:

Adams Bateman Foster

Johnson of 42nd Kendrick Maclntyre

Miller Padgett Thompson

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

On the adoption of the resolution, the ayes were 40, nays 9.

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

The following bill of the House was taken up for the purpose of considering a House amendment to a Senate substitute thereto:

HB 200. By Messrs. Hale, Abney and Snow of the 1st, Harris of the 85th, Howard of the 101st and others:
A bill to amend Code chapater 9-1, relating to applicants for admission to the practice of law, so as to change the educational requirements

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JOURNAL OF THE SENATE,

for applicants; to provide for certain exceptions and exemptions from the educational requirements; and for other purposes.

The House amendment was as follows:
Mr. Hale of the 1st moves to amend the Senate Substitute to HB 200 by striking from Line 10 of Section 1 Sub-paragraph (b) (111) the words and figures "subparagraph (b) (1)" and inserting in lieu thereof the words and figures "subparagraph (b)".

Senator Smalley of the 28th moved that the Senate agree to the House amendment to the Senate substitute to HB 200.

On the motion, the ayes were 36, nays 0, and the amendment to the sub stitute was agreed to.
The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House to-wit:

HB 304. By Mr. Farrar of the 118th:
A bill to create a State Council for the Preservation of Natural Areas; and for other purposes.

HB 421. By Messrs. Mauldin of the 18th, Blalock of the 33rd, Smith of the 3rd, Oglesby of the 92nd, Melton of the 34th and others:
A bill to provide for the regulation of "perpetual care" and "endowment care" cemeteries; and for other purposes.

HB 33. By Messrs. Harris, Walling, Levitas and Farrar of the 118th:
A bill to amend Code Section 89-9908, relating to the method of in dictment of county officers for malpractice in office, so as to strike that portion which gives the defendant the right to bring witnesses before the grand jury and to examine the witnesses of the prosecution; and for other purposes.

HB 219. By Mr. Steis of the 100th:
A bill to amend Code Section 84-409, relating to the qualifications and requirements prescribed prior to issuing a master barber's certificate of

TUESDAY, FEBRUARY 15, 1966

1109

registration, so as to change the qualifications and requirements an applicant must meet prior to receiving a master barber's certificate of registration; and for other purposes.

HR 111. By Mr. Barber of the 24th:
A resolution creating the Alcohol'Education Study Committee; and for other purposes.

HR 309. By Mr. Chandler of the 47th:
A resolution authorizing the acceptance of the bid of Sonoco Products Company, to lease 1.22 acres of State-owned property in Fulton County; and for other purposes.

HB 243. By Mr. Hull of the 104th:
A bill to revise comprehensively the laws relating to subpoenas and other like processes; and for other purposes.

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

HB 33. By Messrs. Harris, Walling, Levitas and Farrar of the 118th:
A bill to amend Code section 89-9908, relating to the method of indict ment of county officers for malpractice in office, so as to strike that portion which gives the defendant the right to bring witnesses before the grand jury and to examine the witnesses of the prosecution; and for other purposes.
Referred to Committee on Judiciary.

HB 219. By Mr. Steis of the 100th:
A bill to amend Code section 84-409 relating to the qualifications and requirements prescribed prior to issuing a master barber's certificate of regisration; and for other purposes.
Referred to Committee on Health and Welfare.

HB 243. By Mr. Hull of the 104th:
A bill to revise comprehensively the laws relating to subpoenas and other like processes; and for other purposes.
Referred to Committee on Judiciary.

1110

JOURNAL OP THE SENATE,

HB 304. By Mr. Farrar of the 118th:
A bill to create a State Council for the Preservation of Natural Areas; and for other purposes.
Referred to Committee on Rules.

HB 421. By Messrs. Mauldin of the 18th, Blalock of the 33rd, Smith of the 3rd, Oglesby of the 92nd, Melton of the 34th and others:
A bill to provide for the regulation of "perpetual care" and "endowment care" of cemeteries; and for other purposes.
Referred to Committee on Rules.

HR 111. By Mr. Barber of the 24th:
A resolution creating the Alcohol Education Study Committee; and for other purposes.
Referred to Committee on Rules.

HR 309. By Mr. Chandler of the 47th:
A resolution authorizing the acceptance of the bid of Sonoco Products Company, to lease 1.22 acres of State-owned property in Pulton County, Georgia, and to direct the chairman of the State Properties Control Commission to execute the attached lease on behalf of the State Prop erties Control Commission; and for other purposes.
Referred to Committee on Rules.

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House insists on its position on the following bill of the House and requests that a Committee of Conference be appointed.

HB 6. Messrs. Hull of the 104th, Conger of the 89th, Jones of the 112th, and others:
A bill to revise supersede, and modernize pretrial, trial and certain posttrial procedures in civil cases; and for other purposes.

The Speaker has appointed as a Committee of Conference on the part of the House the following members of the House:

TUESDAY, FEBRUARY 15, 1966

1111

Messrs. Harris of the 85th, Walling of the 118th, and Murphy of 26th.

Senator Downing of the 1st asked unanimous consent that the following resolution of the House be recommitted to the Committee on County and Munici pal Governments:

HR 204. By Mr. Hale of the 1st:
A resolution proposing an amendment to the Constitution, so as to provide that certain property in Dade County shall be exempt from all ad valorem taxes; and for other purposes.

The consent was granted.

SB 204. By Senators Johnson of the 38th, Salome of the 36th, Coggin of the 35th, Wesberry of the 37th and Maclntyre of the 40th:
A bill to add one additional judge of the Superior Court for the Atlanta Judicial Circuit; and for other purposes.

Senator Johnson of the 38th asked unanimous consent that SB 204 be post poned to February 16, 1966.

The consent was granted.

SR 74. By Senators Broun of the 46th, Carter of the 14th, Plunkett of the 30th, and Flowers of the 10th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to appropriate funds to any State department or other State agency for the purpose of being used to obtain funds from the Federal Government for educational scholarships, educational loans and other educational purposes and to authorize such State departments and other State agencies to use the funds so appropriated and the funds received from the Federal Government for the purposes authorized and directed by the Federal Government in making such funds available; 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:
Section 1. Article VII, Section I, Paragraph II of the Constitution is hereby amended by adding a new paragraph immediately following the paragraph relating to the State Scholarship Commission, to read as follows:

1112

JOURNAL OP THE SENATE,

"The General Assembly is hereby authorized to appropriate funds to any State department or other State agency for the pur pose of being used to obtain funds from the Federal Government for educational scholarships, educational loans and other educational pur poses and all such State departments and other State agencies shall be authorized to use the funds so appropriated and the funds re ceived from the Federal Goverenment for the purposes authorized and directed by the Federal Government in making such funds available."

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

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

"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to appropriate funds to any State department or other State agency for the pur pose of being used to obtain funds from the Federal Goverenment for educational scholarships, educational
NO ( ) loans and other educational purposes and to authorize such State departments and other State agencies to use the funds so appropriated and the funds received from the Federal Government for the purposes au thorized and directed by the Federal Government in making such funds available?"

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:

TUESDAY, FEBRUARY 15, 1966

1113

Those voting in the affirmative were Senators:

Adams Ballew Bateman Broun Carter Coggin Downing Edenfield Eldridge Fincher of 51st Fincher of 54th Gayner Gillis Gregory

Hill Holley Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill

Noble Owens Padgett Plunkett Rowan Sanders Searcey Smith Spinks Thompson Tribble Ward Webb Young

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

On the adoption of the resolution, the ayes were 41, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
Senator Downing of the 1st asked unanimous consent that the Senate in struct the House of Representatives to return the following bill of the Senate to the Senate:
SB 10. By Senators Wesberry of the 37th, Johnson of the 38th and Maclntyre of the 40th:
A bill to grant to the incorporated municipalities of this State certain basic powers, including certain powers to require the repair, closing or demolition of certain dwellings, buildings or structures; to define certain terms whenever used or referred to in this article; to provide for the execution of this Act by ordinance; and for other purposes.

The consent was granted.

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

HB 6. By Messrs. Hull of the 104th, Murphy of the 26th, Conger of the 89th and others:
A bill to comprehensively revise, supersede and modernize pretrial, trial and certain posttrial procedures in civil cases; and for other purposes.

1114

JOURNAL OF THE SENATE,

Senators Smalley of the 28th, 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 the following:

Senators Smalley of the 28th, Johnson of the 42nd and Gayner of the 5th.

HR 11. By Messrs. Abney, Snow and Hale of the 1st:
A resolution compensating Gordon J. McGraw, Jr.; and for other purposes.

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

The resolution, involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Coggin Downing Edenfield Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

Hall
Hill Holley Holloway Jackson Johnson of 38th Johnson of 42nd Kendrick Kilpatrick Lee Maclntyre Moore McGill Noble

Owens Padgett Plunkett Rowan Searcey Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 41, nays 0.

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

TUESDAY, FEBRUARY 15, 1966

1115

HR 12. By Mr. Parker of the 55th:
A resolution compensating Mrs. Marjorie K. Knight; and for other purposes.

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

The resolution, involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Coggin Downing Edenfield Pincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill Noble

Owens Padgett Plunkett Rowan Searcey Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 41, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HR 13. By Mr. Lewis of the 50th: A resolution compensating Parker-White Motors; and for other pur poses.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution, involving an appropriation, a roll call was ordered, and the vote was as follows:

1116

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Coggin Downing Edenfield Pincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill Noble

Owens Padgett Plunkett Rowan Searcey Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 41, nays 0.

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

HR 23. By Mr. Lovell of the 6th: A resolution compensating Mr. Clayton Ramey; and for other purposes.

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

The resolution, involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Coggin Downing Edenfield Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis
Gregory

Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill
Noble

Owens Padgett Plunkett Rowan Searcey Smith Spinks Thompson Tribble Ward Webb Yancey Young

TUESDAY, FEBRUARY 15, 1966

1117

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

On the adoption of the resolution, the ayes were 41, nays 0.

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

HR 27. By Mr. Duncan of the 4th:
A resolution compensating- the Fannin County Agricultural Association, Inc.; and for other purposes:

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

The resolution, involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Coggin Downing Edenfield Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill Nohle

Owens Padgett Plunkett Rowan Searcey Smith Spinks Thompson Tribhle Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 41, nays 0.

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

1118

JOURNAL OF THE SENATE,

HR 41. By Mr. Richardson of the 116th: A resolution compensating L. H. Flowers; and for other purposes.

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

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Coggin Downing Edenfield Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill Noble

Owens Padgett Plunkett Rowan Searcey Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 41, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HR 45. By Messrs. Snow, Abney and Hale of the 1st: A resolution compensating Grady Barfield; and for other purposes.

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

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

TUESDAY, FEBRUARY 15, 1966

1119

Those voting in the affirmative were Senators:

Ballew Bateman Broun
Carter Coggin Downing Edenfield Fincher of 51st Fincher or 54th Flowers Foster Gayner Gillis
Gregory

Hall Hill Holley
Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill
Noble

Owens Padgett Plunkett
Rowan Searcey Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 41, nays 0.

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

HR 47. By Mr. Thomas of the 77th: A resolution compensating T. R. Herndon; and for other purposes.

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

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows;

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Coggin Downing Edenfield Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill Noble

Owens Padgett Plunkett Rowan Searcey Smith Spinks Thompson Tribble Ward Webb Yancey Young

1120

JOURNAL OF THE SENATE,

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

On the adoption of the resolution, the ayes were 41, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HE 48. By Mr. Thomas of the 77th: A resolution compensating Lt. T. E. Caldwell; and for other purposes.

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

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Coggin Downing Edenfield Pincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

Hall Hill
Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill Noble

Owens Padgett Plunkett
Rowan Searcey Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 41, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HR 51. By Mr. Wells of the 30th: A resolution compensating Mr. Jack W. Fambrough; and for other purposes.

TUESDAY, FEBRUARY 15, 1966

1121

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

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Coggin Downing Edenfield Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill Noble

Owens Padgett Plunkett Rowan Searcey Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 41, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HR 55. By Mr. Longino of the 122nd: A resolution compensating Mr. J. Frank Lee; and for other purposes.

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

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun

Carter Coggin Downing

Edenfield Fincher of 51st Fincher of 54th

1122
Flowers Foster Gayner Gillis Gregory Hall Hill Holley Holloway Jackson Johnson of 42nd

JOURNAL OF THE SENATE,

Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill Noble Owens Padgett Plunkett

Rowan Searcey Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the-adoption of the resolution, the ayes were 41, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HR 63. By Mr. Holder of the 70th: A resolution compensating Mrs. Ola Burch; and for other purposes.

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

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Coggin Downing Edenfield Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill Noble

Owens Padgett Plunkett Rowan Searcey Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

TUESDAY, FEBRUARY 15, 1966

1123

On the adoption of the resolution, the ayes were 41, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HR 64. By Mr. Games of the 129th: A resolution compensating W. H. Paradise; and for other purposes.

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

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Coggin Downing Edenfield Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill Noble

Owens Padgett Plunkett Rowan Searcey Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 41, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HR 71. By Messrs. Smith and Mitchell of the 3rd: A resolution compensating Mrs. Patricia Nell Boswell; and for other purposes.

1124

JOURNAL OF THE SENATE,

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

. The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Coggin Downing Edenfield Pincher of 51st Pincher of 54th Flowers Foster Gayner Gillis Gregory

Hall Hill
Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill Noble

Owens Padgett Plunkett Rowan Searcey Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 41, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HR 72. By Mr. Overby of the 16th: A resolution compensating Mrs. Florence Euline Roberts; and for other purposes.

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

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun

Carter Coggin Downing

Edenfield Fincher of 51st Fincher of 54th

TUESDAY, FEBRUARY 15, 1966

1125

Flowers Foster Gayner
Gillis Gregory Hall Hill Holley Holloway Jackson Johnson of 42nd

Johnson of 38th Kendrick Kilpatrick
Lee Maclntyre Moore McGill Noble Owens Padgett Plunkett

Rowan Searcey Smith
Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 41, nays 0.

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

HR 79. By Mr. Russell of the 92nd:
A resolution compensating W. B. Garrison as clerk of the Commissioners of Roads and Revenues of Thomas County and Mr. W. L. Whittle, Sr.; and for other purposes.

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

The resolution involving an appropriation, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Coggin Downing Edenfield Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis
Gregory

Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill
Noble

Owens Padgett Plunkett Rowan Searcey Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

:1126

JOURNAL OF THE SENATE,

On the adoption of the resolution, the ayes were 41, nays 0.

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

HR 86. By Messrs. Chandler and Harrington of the 47th:
A resoltuion compensating Benjamin Clinton Tanner; and for other purposes.

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

The resolution involving an appropriation, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Coggin Downing Edenfield Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill Noble

Owens Padgett Plunkett Rowan Searcey Smith Spinks Thompson Fribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 41, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HR 93. By Mr. Overby of the 16th: A resolution to compensate Den M. Acres, Jr.; and for other purposes.

TUESDAY, FEBRUARY 15, 1966

1127

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

The resolution involving an appropriation, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Coggin Downing Edenfield Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill Noble

Owens Padgett Plunkett Rowan Searcey Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 41, nays 0.

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

HR 94. By Mr. Overby of the 16th: A resolution compensating Mrs. Helen Martin; and for other purposes.

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

The resolution involving an appropriation, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun

Carter Coggin Downing

Edenfield Fincher of 51st Fincher of 54th

1128
Flowers Foster Gayner Gillis Gregory Hall Hill Holley Holloway Jackson Johnson of 42nd

JOURNAL OP THE SENATE,

Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill Noble Owens Padgett Plunkett

Rowan Searcey Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 41, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HR 95. By Mr. Reaves of the 99th: A resolution compensating M. J. Gaddis; and for other purposes.

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

The resolution involving an appropriation, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter
Coggin Downing Edenfield Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick
Lee Maclntyre
Moore McGill Noble

Owens Padgett Plunkett Rowan Searcey Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

TUESDAY, FEBRUARY 15.. 1966

1129

On the adoption of the resolution, the ayes were 41, nays 0.

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

HR 125. By Messrs. Newton and Matthews of the 94th: A resolution compensating R. L. Millings; and for other purposes.

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

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Coggin Downing Edenfield Pincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill Noble

Owens Padgett Plunkett
Rowan Searcey Smith Spinks
Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 41, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HR 162. By Mr. Floyd of the 7th: A resolution compensating Mr. Glenn Hendrix; and for other purposes.

1130

JOURNAL OF THE SENATE,

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

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Coggin Downing Edenfield Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill Noble

Owens Padgett Plunkett Rowan Searcey Smith Rowan Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 41, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HR 168. By Mr. Otwell of the 10th: A resolution compensating Charles L. Wilson; and for other purposes.

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

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun

Carter Coggin Downing

Edenfield Fincher of 51st Fincher of 54th

TUESDAY, FEBRUARY 15, 1966

1131

Flowers Foster Gayner Gills Gregory Hall Hill
Holley Holloway Jackson Johnson of 42nd

Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill Noble
Owens Padgett Plunkett

Rowan Searcey Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 41, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HR 169. By Mr. Harris of the 14th: A resolution compensating Warren Marchialette; and for other purposes.

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

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Coggin Downing Edenfield Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick L?e Maclntyre Moore McGill Noble

Owens Padgett Plunkett Rowan Searcey Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

1132

JOURNAL OF THE SENATE,

On the adoption of the resolution, the ayes were 41, nays 0.

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

HE 170. By Mr. Vaughan of the 14th:
A resolution compensating Miss Marie Morgan and Mrs. Bertha Wilkins; an for other purposes.

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

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Coggin Downing Edenfield Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill Noble

Owens Padgett Plunkett
Rowan Searcey Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 41, nays 0.

The resolution, having received the requisite constitutional majority was adopted.
HR 172. By Mr. Harris of the 118th: A resolution compensating Doyle F. Whiteaker; and for other purposes.

TUESDAY, FEBRUARY 15, 1966

1133

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

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Coggin Downing Edenfield Pincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill Noble

Owens Padgett Plunkett Rowan Searcey Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 41, nays 0.

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

HR 174. By Mr. Harris of the 118th:
A resolution compensating Mr. and Mrs. Randolph E. Ward; and for other purposes.

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

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun

Carter Coggin Downing

Edenfield Fincher of 51st Fincher of 54th

1134
Flowers Foster Gayner Gillis Gregory Hall Hill Holley Holloway Jackson Johnson of 42nd

JOURNAL OF THE SENATE,

Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill Noble Owens Padgett Plunkett

Rowan Searcey Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 41, nays 0.

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

HR 175. By Mr. Harris of the 118th:
A resolution compensating Mr. Samuel Rushing Smith; and for other purposes.

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

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Coggin Downing Edenfield Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill Noble

Owens Padgett Plunkett Rowan Searcey Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

TUESDAY, FEBRUARY 15, 1966

1135

On the adoption of the resolution, the ayes were 41, nays 0.

The resolution, having received the requisite constitutional majority was adopted.
HR 176. By Mr. Harris of the 118th: A resolution compensating Mr. Raymond J. Wrinn; and for other purposes.

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

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Coggin Downing Edenfield Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill Noble

Owens Padgett Plunkett
Rowan Searcey Smith Spinks
Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 41, nays 0.

The resolution, having received the requisite constitutional majority was adopted.
HR 177. By Mr. Harris of the 118th: A resolution compensating Mr. and Mrs. Samuel C. Williams; and for other purposes.

1136

JOURNAL OF THE SENATE,

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

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Coggin Downing Edenfield Pincher of 51st Pincher of 54th Flowers Foster Gayner Gillis Gregory

Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill Noble

Owens Padgett Plunkett Rowan Searcey Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 41, nays 0.

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

HR 181. By Mr. Dickinson of the 27th:
A resolution compensating Mr. Johnny A. Brown; and for other purposes.

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

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun

Carter Coggin Downing

Edenfield Fincher of 51st Fincher of 54th

TUESDAY, FEBRUARY 15, 1966

1137

Flowers Foster Gayner Gillis Gregory Hall Hill Holley Holloway Jackson Johnson of 42nd

Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill Noble Owens Padgett Plunkett

Rowan Searcey Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 41, nays 0.

The resolution, having received the requisite constitutional majority was adopted.
HR 184. By Mr. Ross of the 31st: A resolution to compensate Bobby Gene Rocker; and for other purposes.

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

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Coggin Downing Edenfield Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill Noble

Owens Padgett Plunkett Rowan Searcey Smith Spinks Thompson Tribble Ward
Webb Yancey Young

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

1138

JOURNAL OF THE SENATE,

On the adoption of the resolution, the ayes were 41, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HR 189. By Mr. Collins of the 62nd: A resolution compensating Deputy Sheriff Dessie Kea; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Coggin Downing Edenfield Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

Hall Hill Holley Hollo way Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill Noble

Owens
Padgett Plunkett
Rowan Searcey Smith Spinks Thompson
Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 41, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HR 192. By Mr. Rainey of the 69th: A resolution to compensate William Myers Brock; and for other purposes.

TUESDAY, FEBRUARY 15, 1966

1139

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

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Coggin Downing Edenfield Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill Noble

Owens Padgett Plunkett Rowan Searcey Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 41, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HR 208. By Mr. Wilson of the 102nd: A resolution compensating Carl Green; and for other purposes.

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

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun

Carter Coggin Downing

Edenfield Fincher of 51st Fincher of 54th

1140
Flowers Foster Gayner Gillis Gregory Hall Hill Holley Holloway Jackson Johnson of 42nd

JOURNAL OF THE SENATE,

Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill Noble Owens Padgett Plunkett

Rowan Searcey Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 41, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HR 212. By Mr. Herndon of the 74th: A resolution compensating Mrs. Jacquelyn S. Horen; and for other purposes.

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

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Coggin Downing Edenfield Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill Noble

Owens Padgett Plunkett Rowan Searcey Smith Spinks Thompson Tribble Ward Webb Yancey Young

TUESDAY, FEBRUARY 15, 1966

1141

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

On the adoption of the resolution, the ayes were 41, nays 0.

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

HR 227. By Mr. Overhy of the 16th: A resolution compensating William T. Bell; and for other purposes.

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

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter
Coggin Downing Edenfield Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

Hall Hill
Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick
Kilpatrick Lee Maclntyre Moore
McGill Noble

Owens Padgett Plunkett
Rowan Searcey Smith Spinks Thompson Tribble Ward Webb Yancey Young

By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 41, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

1142

JOURNAL OF THE SENATE,

HR 229. By Mr. Maddox of the 8th: A resolution compensating Mr. Joe B. Bunch; and for other purposes.

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

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Coggin Downing Edenfield Fincher of 51st Fincher of 54th Flowers
Foster Gayner Gillis Gregory

Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick
Kilpatrick Lee
Maclntyre Moore McGill
Noble

Owens Padgett Plunkett Rowan Searcey Smith Spinks Thompson Tribble Ward
Webb Yancey Young

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

On the adoption of the resolution, the ayes were 41, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HR 230. By Mr. Maddox of the 8th: A resolution compensating Mr. William Walraven; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

TUESDAY, FEBRUARY 15, 1966

1143

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Coggin Downing Edenfield Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill Noble

Owens Padgett Plunkett Rowan Searcey Smith Spinks Thompson Tribble Ward Webb Yancey Young

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

On the adoption of the resolution, the ayes were 41, nays 0.

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

HR 231. By Mr. Maddox of the 8th: A resolution compensating Easter Faye Garrett; and for other purposes.

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

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Coggin Downing Endenfield Fincher of 51st Fincher of 54th

Flowers Foster Gayner Gillis Gregory Hall Hill Holley Holloway

Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill

1144
Noble Owens Padgett Plunkett Rowan

JOURNAL OF THE SENATE,

Searcey Smith Spinks Thompson Tribble

Ward Webb Yancey Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 41, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 249. By Mr. Johnson of the 25th: A resolution compensating Alan Vaughter; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Coggin Downing Edenfield Fincher of 61st Fincher of 54th Flowers Foster Gayner Gillis Gregory

Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill Noble

Owens Padgett Plunkett Rowan Searcey Smith Spinks Thompson Tribble Ward Webb Yancey Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 41, nays 0.

TUESDAY, FEBRUARY 15, 1966

1145

The resolution, having received the requisite constitutional majority, was adopted.

HR 251. By Mr. Barber of the 24th: A resolution compensating Mr. J. W. Keith; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Coggin Downing Edenfield Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

Hall Hill Holley Hollo way Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill
Noble

Owens Padgett Plunkett Rowan Searcey Smith Spinks Thompson Tribble Ward
Webb Yancey Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 41, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HR 252. By Mr. Barber of the 24th: A resolution compensating Mr. Daniel L. Sailors; and for other pur poses.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

1146

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Coggin Downing Edenfield Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill Noble

Owens Padgett Plunkett
Rowan Searcey Smith
Spinks Thompson Tribble Ward
Webb Yancey Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 41, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 259. By Mr. Wilson of the 102nd:
A resolution compensating A. L. Hyde and Harold Hyde; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Coggin Downing Edenfield Fincher of 51st Fincher of 54th Flowers

Foster Gayner Gillis Gregory Hall Hill Holley Holloway Jackson Johnson of 42nd

Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill Noble Owens Padgett

TUESDAY, FEBRUARY 15, 1966

1147

Plunkett Rowan Searcey Smith

Spinks Thompson Tribble Ward

Webb Yancey Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 41, nays 0.

The resolution, having received the requisite constitutional majority, was adopted .
HR 260. By Mr. Wilson of the 102nd: A resolution compensating Mr. Clyde Glore; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Coggin Downing Edenfield Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory

Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Moore McGill Noble

Owens Padgett Plunkett Rowan Searcey Smith Spinks Thompson Tribble Ward Webb Yancey Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 41, nays 0.

1148

JOURNAL OP THE SENATE,

The resolution, having received the requisite constitutional majority, was adopted.

SR 52. 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 52 by striking the present Rule 180 and by substituting in lieu thereof the following:
"Rule 180. In the event no specific vote is provided in these Rules for the passage of any resolution, motion or measure:
A. As to all motions or procedural matters and on all other matters except pending bills and resolutions and amendments there to the vote for passage thereof shall be by majority of a quorum.
B. As to all bills and resolutions and amendments thereto the vote for adoption thereof shall be by constitutional majority of the entire Senate."

The amendment was adopted.

Senator Rowan of the 8th offered the following amendment:
Amend SR 52 by adding a new section to be known as 39 (B) as follows:
Nothing in the Rule shall apply to local bills or local resolutions.

The amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to as amended.

On the adoption of the resolution, the ayes were 28, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

TUESDAY, FEBRUARY 15, 1966

1149

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House recedes from its position and agrees to the Senate substitute as asmended by the House to the following bill of the House to-wit:

HB 200. By Messrs. Hale, Abney and Snow of the 1st, Harris of the 85th, Howard of the 101st, Lee of the 79th and others:
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; to provide for certain exceptions and exemptions from the educational requirements; and for other purposes.

SB 169. By Senator Edenfield of the 4th, Kilpatrick of the 44th, Bateman of the 27th and others:
A bill to amend Code title 26 relating to crimes and punishments, as amended, so as to provide life imprisonment in lieu of the death penalty for certain crimes; and for other purposes.

The Committee on Judiciary offered the following substitute:
A BILL
To be entitled an act to amend Code Title 26 relating to crimes and punishments, as amended, so as to provide life imprisonment in lieu of the death penalty for certain crimes; to provide for the reduction of punishment for certain crimes; to provide the procedures connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Title 26 relating to crimes and punishments, as amended, is hereby amended by striking Code Section 26-902, relating to the punishment for insurrection, in its entirety and substituting in lieu thereof a new Code Section 26-903 to read as follows:
"26-903. Punishment. Any person convicted of the offense of insurrection or an attempt to incite insurrection shall be punished by life imprisonment or by confinement in the penitentiary for not less than five nor more than twenty years."
Section 2. Said Code Title is further amended by striking Code Section 26-1208, relating to the punishment for castration, in its en tirety and substituting in lieu thereof a new Code Section 26-1208 to read as follows:

1150

JOURNAL OF THE SENATE,

"26-2108. Castration, punishment. Castrating another with the intention, or voluntarily, or maliciously, as before expressed, while fighting or otherwise, shall be punished by life imprisonment, or by confinement in the penitentiary for not less than ten nor more than twenty years."

Section 3. Said Code Title is further amended by striking Code Section 26-1304, relating to the punishment for the crime of having sexual or carnal intercourse with any female child under the age of 14 years, in its entirety and substituting in lieu thereof a new Section 26-1304, to read as follows:

"26-1304. Same, Punishment; unsupported testimony of fe male.--Any person who shall violate the provisions of section 26-1303 shall be guilty of statutory rape, and on conviction thereof, shall be punished by life imprisonment, or by confinement in the penitentiary for not less than one nor more than twenty years, or if the jury trying the case shall recommend that the defendant be punished as for a misdemeanor, then the same shall be made the judgment and sentence of the court; provided, however, that no conviction shall be had for said offense on the unsupported testimony of the female in question."
Section 4. Said Code Title is further amended by striking Code Section 26-2204, relating to the punishment for burning a railroad bridge, in its entirety and substituting in lieu thereof a new Section 26-2204 to read as follows:
"26-2204. Burning railroad bridge; punishment. The willful or malicious burning, or attempt to burn, any railroad bridge shall be punished by life imprisonment, or by confinement in the pententiary for not less than ten nor more than twenty years."
Section 5. Said Code Title is further amended by striking Code Section 26-2302, relating to destroying a dwelling house within a city or town, in its entirety and substituting in lieu thereof a new Section 26-2302 to read as follows:
"26-2302 House within a city or town. The willful and ma licious destroying or injuring any dwelling house, storehouse, barn, depot, or other house or place of business or lodging of any person within the limits of any city or town with or by the use of dyna mite, powder, nitroglycerin or other explosive substance or com pound shall be punished by life imprisonment or by confinement in the penitentiary for not less than ten nor more than twenty years."
Section 6. Said Code Title is further amended by striking Code Section 26-2303, relating to destroying a dwelling house not within a city, in its entirety and substituting in lieu thereof a new Section 26-2303 to read as follows:
"26-2303. House not within a city. The willful and malicious destroying or injuring any dwelling house, storehouse, barn, depot,

TUESDAY, FEBRUARY 15, 1966

1151

or other place of business or lodging place of any person, wherein any person shall lodge or reside, or so nearly connected therewith as to endanger the life of any person being or so dwelling therein, not within the limits of any city or town, with or by the use of dynamite, powder, nitroglycerin, or any other explosive substance or compound, shall be punished by life imprisonment, or by con finement in the penitentiary for not less than ten nor more than twenty years."

Section 7. This Act shall become effective on March 1, 1966.

Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 35, nays 5, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to.

On the passage of the bill, the ayes were 32, nays 7.

The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Hill of the 29th, Chairman of the Committee on Senate Administra tive 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 131. SB 168. SB 173. SB 182. SB 189. SB 197. SB 214. SB 216. SB 217.

1152
SB 234. SB 236. SB 237. SR 38. SR 62. SR 64. SR 65. SR 70. SR 73. SR 80. SR 86. SR 88.

JOURNAL OP THE SENATE,
Respectfully submitted, Hill of the 29th District, Chairman.

SB 231. By Senator Downing of the 1st:
A bill relating to the purposes for which the funds of the Department of Public Health may be used to provide that such funds may be used for the correction of physical defects and disfigurements to the human anatomy; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was 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 10:30 o'clock tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 10:30 o'clock tomorrow morning.

WEDNESDAY, FEBRUARY 16, 1966

1153

Senate Chamber, Atlanta, Georgia, Wednesday, February 16, 1966.

The Senate met pursuant to adjournment at 10:30 o'clock this morning, and was called to order by the president.

Scripture reading was offered by the Reverend John Tucker, pastor, First Baptist Church, Sylvester, Georgia.

Prayer was offered by the Reverend Lamar Studstill, pastor, Leslie Meth odist Church, Leslie, 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 Gregory

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 Rowan Salome Sanders Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Young

Senator Gregory of the 15th reported that the journal of yesterday's pro ceedings had been read and found correct.

By unanimous consent ,the reading of the journal was dispensed with, and the journal was confirmed.

Senator 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.

1154

JOURNAL OP THE SENATE,

3. Second reading of bills and resolutions.
4. Report of standing committees.
5. Third reading and passage of local uncontested bills and resolutions.
6. Third reading and consideration of general bills and resolutions, in such order as the presiding officer may in his discretion choose.

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 Senate to-wit:
SB 178. By Senators Gillis of the 20th, Gayner of the 5th, Dean of the 6th, and others: A bill to amend Code Section 34-1006, relating to the qualification of candidates in primaries, so as to provide the time for qualifying; and for other purposes.
SB 55. By Senator Downing of the 1st: A bill to require the identification of the registry of all ships, for the protection of the public; to require such information be contained in all promotional material: and for other purposes.

SB , 199. By Senator Downing of the 1st:
A bill to amend Code Section 40-804, relating to the power of the Secre tary of State, the Department of Archives and History, so as to provide that the Secretary of State may establish a branch depository after obtaining prior written approval of the historical association involved; and for other purposes.

SB 114. By Senators Webb of the llth and Jackson of the 16th:
A bill to amend Code Section 84-1008, relating to the qualifications of applicants for registration as graduated nurses, so as to provide for an additional method of qualifying for registration as a graduate nurse; and for other purposes.

WEDNESDAY, FEBRUARY 16, 1966

1155

HB 133. By Senators Webb of the llth and Jackson of the 16th:
A bill to amend an act establishing a merit system of personnel admin istration for state employees, so as to authorize the State Highway Department to extend merit system coverage to employees in the State Highway Department not presently covered under said system; and for other purposes.

SB 138. By Senator Webb of the llth:
A bill to aemnd an act entitled the "Motor Vehicle Certificate of Title Act", so as to provide for the destruction of certain motor vehicle man ufacturers' serial plates and the admissibility in evidence of records reflecting the destruction of such plates; and for other purposes.

SB 67. By Senators Webb of the llth, Johnson of the 42nd, Lee of the 47th and Flowers of the 10th:
A bill to amend an act creating the Peace Officers' Annuity and Benefit Fund, so as to provide for penalties and interest on funds to be re mitted to the Board of Commissioners; and for other purposes.

SB 100. By Senators Fincher of the 51st, Moore of the 31st, and Fincher of the 54th:
A bill to amend Code Section 84-1304, relating to the filling of vacancies on the Georgia State Board of Pharmacy; and for other purposes.

SB 80. By Senator Fincher of the 51st:
A bill relating to the dispensing of certain dangerous drugs, so as to provide that it shall be unlawful for any person to obtain or attempt to obtain a dangerous drug or procure or attempt to procure the admin istration of such a drug under certain circumstances; and for other purposes.
The House agrees to the Senate amendments to the following bills of the House to-wit:
HB 345. By Mr. Collins of the 88th:
A bill relating to the City of Pelham, so as to authorize the mayor and council to alter, change, close and abandon streets and alleys when found beneficial to do so; and for other purposes.

HB 507. By Messrs. Overby, Wood and Williams of the 16th:
A bill to incorporate and to grant a new charter to the City of Oakwood; and for other purposes.

1156

JOURNAL OP THE SENATE,

HB 491. By Messrs. Bedgood and Matthews of the 29th:
A bill to amend an act providing for the merger of the independent school system of the Mayor and Council of the City of Athens and the existing school district of Clarke County, so as to provide that no edu cational tax shall be levied at a rate in excess of 20 mills; and for other purposes.

HB 415. By Mr. Clarke of the 2nd:
A bill to abolish the present mode of compensating the Sheriff of Catoosa County, known as the fee system; and for other purposes.

HB 525. By Messrs. Howard and Wilson of the 101st, Henderson and Wilson of the 102nd:
A bill to amend an act providing for a new charter for the City of Marietta, so as to change the corporate limits of said city; and for other purposes.

HB 347. By Messrs. Wilson of the 102nd, Howard and McDaniel of the 101st, Henderson of the 102nd and Jordan of the 103rd:
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.

HB 503. By Messrs. Elliott of the 107th, Knapp, Stewart, Wilson and Jones of the 109th, and Bryant of the 108th:
A bill to amend an act establishing the City Court of Macon, in and for the County of Bibb, so as to provide for the establishment of a court probation office, the appointment of probation officers and other as sistants, to provide duties of said probation officers; and for other purposes.

HB 356. By Messrs. McClatchey of the 138th, Brown of the 120th, Longino of the 122nd, Lambros of the 130th, Adams of the 125th and Lea of the 126th and others:
A bill to amend an act approved August 20, 1927 to provide that cities having a population of more than 150,000 shall furnish pensions to all officers and employees of such cities, so as to provide additional pension benefits to former officers and employees who have been awarded pen sions under the terms of this act; and for other purposes.

WEDNESDAY, FEBRUARY 16, 1966

1157

The following message was received from the House through Mr. Ellard^ the Clerk thereof:

Mr. President:

The House disagrees to the Senate substitute to the following bill of the House to-wit:

HB 95. By Mr. Carnes of the 129th:
A bill to amend an act authorizing the Commissioners of Roads and Reevnues of Fulton County to provide group insurance for all regular county employees, so as to change the provisions relative to the payment of premiums, and for other purposes.

The House disagrees to the Senate amendment to the following bill of the House to-wit:
HB 68. By Messrs. Steis of the 100th, Jones of the 76th, Minge and Starnes of the 13th, Fulford of the 67th and others:
A bill to amend an act relating to Supreme Court and Judges of Court of Appeals, so as to change the salaries of the Justices of the Supreme Court and the Judges of the Court of Appeals; 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 769. By Messrs. Etheridge of the 123rd, Gates of the 123rd and others:
A bill to amend an act known as the "City of Atlanta and Fulton County Recreation Authority Act", so as to redefine "project"; to provide that the Authority shall have the right to contract for the use of or to lease or sell any or all of its facilities including real property, to any persons, firms or corporations whether public or private; and for other purposes.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House to-wit:

1158

JOURNAL OF THE SENATE,

HB 759. By Messrs. Malone and Palmer of the 117th, Higginbotham, Westlake, Evensen and Bean of the 119th:
A bill to amend an act authorizing the establishment of a merit system in DeKalb County for employees and the creation of a Merit System Council so as to increase the membership of said Council from 3 to 5 members; and for other purposes.

HB 768. By Messrs. Harris, Parrar, Walling and Levitas of the 118th, Malone, Palmer, Carley and Vaughn of the 117th:
A bill to amend an act fixing, prescribing and establishing compensa tion and/or salaries of the elective county officials of DeKalb County including the ordinary, clerk of the superior court, sheriff and tax com missioner, so as to adjust certain compensation and year; and for other purposes.
HB 770. By Mr. Williams of the 16th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Hall County, so as to provide for a five member Board; to provide for Commissioner Districts; and for other purposes.

HB 771. By Mr. Lovell of the 6th: A bill to provide for compensation for the Ordinary of White County; and for other purposes.
HB 773. By Mr. Murphy of the 26th: A bill to amend an act creating a new charter for the City of Bremen so as to extend the corporate limits; and for other purposes.

HB 774. By Messrs. Peterson and Stalnaker of the 59th:
A bill to amend an act creating the City Court of Warner Robins, so as to change the number of preemptory challenges allowed in criminal cases; and for other purposes.
HB 775. By Mr. Byrd of the 28th:
A bill to amend an act placing the compensation of the clerk of the superior court, the ordinary and coroner of Walton County on a salary basis in lieu of a fee system, so as to change the compensation of the clerk of the superior court and the ordinary; and for other purposes.

HB 776. By Mr. Byrd of the 28th:
A bill to amend an act creating the office of tax commissioner of Walton County, so as to change the compensation of the Tax Commis sioner; and for other purposes.

WEDNESDAY, FEBRUARY 16, 1966

1159

HB 778. By Mr. Lewis of the 50th:
A bill to amend an act establishing the City Court of Waynesboro, so as to change the terms of said court; and for other purposes.

HB 779. By Messrs. Overby, Williams and Wood of the 16th:
A bill to amend an act placing the sheriff, the clerk of the superior court and clerk of the city court and the ordinary of Hall County on an annual salary in lieu of the fee system, so as to change the com pensation of the sheriff, the clerk of the superior court and clerk of the city court and the ordinary of Hall County; and for other purposes.

HB 780. By Messrs. Overby, Williams and Wood of the 16th:
A bill to amend an act consolidating the office of Tax Collector of Hall County and the office of Tax Receiver of Hall County into the single office of Tax Commissioner of Hall County, so as to change the com pensation of the Tax Commissioner; and for other purposes.

HB 781. By Mr. Mixon of the 81st:
A bill to amend an act establishing a new charter for the City of Sycamore, so as to change and enlarge the corporate limits of said City; and for other purposes.

HB 782. By Mr. Mixon of the 81st:
A bill to consolidate the office of tax receiver and tax collector of Irwin County into the office of tax commissioner; and for other purposes.

HB 783. By Mr. Clark of the 2nd:
A bill to amend an act creating and establishing a new Charter for the City of Ringgold in the County of Catoosa, so as to authorize the creation of a Board of Utility Commissioners for the City of Ringgold; and for other purposes.

HB 784. By Messrs. Matthews and Bedgood of the 29th:
A bill to amend an act approved August 24, 1872 entitled "An Act to amend the charter of the Town of Athens", so as to empower the Mayor and Council of the City of Athens to formulate and adopt building codes, 'housing codes, etc.; and for other purposes.

HB 785. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thompson of the 110th, Thompson and Shields of the lllth:
A bill to amend an act abolishing Justice Courts and the office of the Justice of the Peace and Notary Public ex-officio Justice of the Peace

1160

JOURNAL OP THE SENATE,

and to establish and create in lieu thereof a Municipal Court in and for the City of Columbus and County of Muscogee, so as to change the compensation of the marshal of the Municipal Court of Columbus, Muscogee County; and for other purposes.

HB 787. By Messrs. Peterson and Stalnaker of the 59th:
A bill to amend an act incorporating the City of Warner Robins, so as to establish a Civil Service Board for said city; and for other purposes.

HB 788. By Messrs. Peterson and Stalnaker of the 59th:
A bill to amend an act incorporating the City of Centerville, so as to provide that a candidate must receive a majority of the votes to be elected to the office of mayor or councilman; and for other purposes.

HR 345. By Messrs. Story and Watson of the 22nd:
A resolution proposing an amendment to the Constitution so as to em power the Clerk of the Superior Court of Gwinnett County to issue criminal warrants; and for other purposes.

HB 772. By Messrs. Newton and Matthews of the 94th:
A bill to amend an act creating a Board of Commissioners of Colquitt County, so as to provide a retirement system for certain personnel of the Board; and for other purposes.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House to-wit:

HB 766. By Mr. Barber of Jackson:
A bill incorporating the City of Jefferson, so as to provide for annexa tion and provide for a referendum; and for other purposse.

HB 789. By Messrs. Bennett, Barfield and Sullivan of the 95th:
A bill to amend an act establishing the City Court of Valdosta in and for the County of Lowndes, so as to change the compensation of the Solicitor of said Court; and for other purposes.

WEDNESDAY, FEBRUARY 16, 1966

1161

The following resolutions were read and adopted:

SR 102, By Senator Sanders of the 41st:
A resolution commending the members of the Young Republicans Club from Georgia State College; and for other purposes.

SR 104. By Senators Hall of the 52nd, Lee of the 47th, Gillis of the 20th and Noble of the 19th:
A resolution expressing appreciation to the young ladies of the tele phone center; and for other purposes.

SR 105. By Senators Maclntyre of the 40th, Coggin of the 35th, Thompson of the 34th and Johnson of the 38th: A resolution commending Major Charles A. Beckwith; and for other purposes.
SR 110. By Senators Coggin of the 35th, Johnson of the 38th, Maclntyre of the 40th, Thompson of the 34th and others: A resolution commending Dr. J. C. Tanner, Jr., and for other purposes.

HR 180. By Mr. Pafford of the 97th:
A resolution commending the Georgia High School Association and Sam F. Burke, its executive secretary; and for other purposes.

HR 277. By Messrs. Cox of the 127th, Brown of the 120th, Carnes of the 129th, Adams of the 125th and others: A resolution urging the State of Georgia to acquire the L. P. Grant property located on St. Paul Street in Atlanta, Georgia, for the purposes of establishing such property as a historical monument; and for other purposes.
HR 334. By Messrs. Brown of the 120th and Steis of the 100th: A resolution commending Mr. A. M. (Tonto) Coleman; and for other purposes.
HR 360. By Mr. Doster of the 73rd: A resolution commending the Georgia Society, Children of the American Revolution and its State President, Jerome Brown Doster; and for other purposes.

1IG2

JOURNAL OF THE SENATE,

HR 361. By Messrs. Richardson, Funk and Drew of the 116th, Gaynor and Smith of the 114th, Kiley and Tye of the 115th and Gignilliat and Powers of the 113th:
A resolution expressing appreciation to Honorable Johnny Mercer; and for other purposes.

HR 365. By Messrs. Oglesby and Russell of the 92nd:
A resolution requesting the Game and Fish Commission to take any appropriate action required to enable that department to zone the State for the purpose of shooting doves; and for other purposes.

The following resolutions were introduced, read the first time, and referred to committees:

SR 93. By Senators Owens of the 49th and Kilpatrick of the 44th:
A resolution amending the rules of the Senate, so as to change the amount of compensation that a Senator shall be authorized to draw for interim committee work; and for other purposes.
Referred to Committee on Rules.

SR 95. By Senator Johnson of the 38th:
A resolution creating an interim legislative committee to study the feasibility of establishing a statewide tenure law for certain administra tive and teaching personnel of the public school systems.
Referred to Committee on Rules.

SR 101. By Senators Gayner of the 5th and Yancey of the 33rd: A resolution creating the State Claims Study Committee; and for other purposes.
Referred to Committee on Rules.

SR 103. By Senator Carter of the 14th:
A resolution creating an interim legislative study committee to study the feasibility of establishing a procedure or formula to be used by the State Revenue Commissioner in uniformly assessing all property of public utilities for tax purposes; and for other purposes.
Referred to Committee on Rules.

WEDNESDAY, FEBRUARY 16, 1966

1163

SR 106. By Senator Kidd of the 25th:
A resolution authorizing the standing Defense and Veterans Affairs Committee to function after final adjournment of the 1966 Regular Session of the General Assembly; and for other purposes.
Referred to Committee on Rules.

SR 107. By Senator Kidd of the 25th:
A resolution creating an interim legislative study committee to study the fees and taxes imposed on insurance companies; and for other purposes.
Referred to Committee on Rules.

SR 108. By Senator Kidd of the 25th:
A resolution creating an interim legislative committee to study and investigate rates charged and competitive practices of public utiltiy companies; and for other purposes.
Referred to Committee on Rules.

SR 112. By Senator Coggin of the 35th: A resolution creating the Election Laws Study Committee; and for other purposes.
Referred to Committee on Rules.
SR 113. By Senator Plunkett of the 30th: A resolution creating an interim legislative study committee to be known as the "Senate Workmen's Compensation Study Committee" for the purpose of studying the laws relative to Workmen's Compensation; and for other purposes.
Referred to Committee on Rules.

SR 114. By Senators Wesberry of the 37th, Sanders of the 41st, Johnson of the 42nd and others:
A resolution creating an interim study committee on the affairs of the City of Atlanta; and for other purposes.
Referred to Committee on Rules.

HB 784. By Messrs. Matthews and Bedgood of the 29th:
A bill to amend an act approved August 24, 1872 entitled "An Act to amend the charter of the Town of Athens", so as to empower the Mayor

1164

JOURNAL OF THE SENATE,

and Council of the City of Athens to formulate and adopt building codes, housing codes, etc.; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 785. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thompson of the 110th, Thompson and Shields of the lllth: A bill to amend an act abolishing Justice Courts and the office of the Justice of the Peace and Notary Public ex-officio Justice of the Peace and to establish and create in lieu thereof a Municipal Court in and for the City of Columbus and County of Muscogee, so as to change the compensation of the marshal of the Municipal Court of Columbus, Mus cogee County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 787. By Messrs. Peterson and Stalnaker of the 59th: A bill to amend an act incorporating the City of Warner Robins, so as to establish a Civil Service Board for said city; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 788. By Messrs. Peterson and Stalnaker of the 59th: A bill to amend an act incorporating the City of Centerville, so as to provide that a candidate must receive a majority of the votes to be elected to the office of mayor or councilman; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 345. By Messrs. Story and Watson of the 22nd:
A resolution proposing an amendment to the Constitution so as to empower the Clerk of the Superior Court of Gwinnett County to issue criminal warrants; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 779. By Messrs. Overby, Williams and Wood of the 16th:
A bill to amend an act placing the sheriff, the clerk of the superior court and clerk of the city court and the ordinary of Hall County on an annual salary in lieu of the fee system, so as to change the compensation of the sheriff, the clerk of the superior court and clerk of the city court and the ordinary of Hall County; and for other purposes.
Referred to Committee on County and Municipal Governments.

WEDNESDAY, FEBRUARY 16, 1966

1165

HB 780. By Messrs. Overby, Williams and Wood of the 16th:
A bill to amend an act consolidating the office of Tax Collector of Hall County and the office of Tax Receiver of Hall County into the single office of Tax Commissioner of Hall County, so as to change the com pensation of the Tax Commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 781. By Mr. Mixon of the 81st:
A bill to amend an act establishing a new charter for the City of Syca more, so as to change and enlarge the corporate limits of said City; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 782. By Mr. Mixon of the 81st:
A bill to consoloidate the office of tax receiver and tax collector of Irwin County into the office of tax commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 783. By Mr. Clark of the 2nd:
A bill to amend an act creating and establishing a new Charter for the City of Ringgold in the County of Catoosa, so as to authorize the creation of a Board of Utility Commissioners for the City of Ringgold; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 772. By Messrs. Newton and Matthews of the 94th:
A bill to amend an act creating a Board of Commissioners of Colquitt County, so as to provide a retirement system for certain personnel of the Board; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 773. By Mr. Murphy of the 26th:
A bill to amend an act creating a new charter for the City of Bremen, so as to extend the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 774. By Messrs. Peterson and Stalnaker of the 59th:
A bill to amend an act creating the City Court of Warner Robins, so as to change the number of preemptory challenges allowed in criminal cases; and for other purposes.
Referred to Committee on County and Municipal Governments.

1166

JOURNAL OF THE SENATE,

HB 775. By Mr. Byrd of the 28th:
A bill to amend an act placing the compensation of the clerk of the superior court, the ordinary and coroner of Walton County on a salary basis in lieu of a fee system, 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.

HB 776. By Mr. Byrd of the 28th:
A bill to amend an act creating the office of tax commissioner of Walton County, so as to change the compensation of the Tax Commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 778. By Mr. Lewis of the 50th:
A bill to amend an act establishing the City Court of Waynesboro, so as to change the terms of said court; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 759. By Messrs. Malone and Palmer of the 117th, Higginbotham, Westlake, Evensen and Bean of the 119th:
A bill to amend an act authorizing the establishment of a merit system in DeKalb County for employees and the creation of a Merit System Council so as to increase the membership of said Council from 3 to 5 members; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 768. By Messrs. Harris, Farrar, Walling and Levitas of the 118th, Malone, Palmer, Carley and Vaughn of the 117th:
A bill to amend an act fixing, prescribing and establishing compensa tion and/or salaries of the elective county officials of DeKalb County including the ordinary, clerk of the superior court, sheriff and tax com missioner, so as to adjust certain compensation and year; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 769. By Messrs. Etheridge of the 123rd, Gates of the 123rd, and others:
A bill to amend an act known as the "City of Atlanta and Fulton County Recreation Authority Act", so as to redefine "project"; to provide that the Authority shall have the right to contract for the use of or to lease or sell any or all of its facilities including real property, to any persons, firms or corporations whether public or private; and for other purposes.
Referred to Committee on County and Municipal Governments.

WEDNESDAY, FEBRUARY 16, 1966

1167

HB 770. By Mr. Williams of the 16th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Hall County, so as to provide for a five member Board; to provide for Commissioner Districts; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 771. By Mr. Lovell of the 6th:
A bill to provide for compensation for the Ordinary of White County; and for other purposes.
Referred to Committee on County and Municipal Governments.

The following bills and resolutions were read the second time:

HB 622. By Messrs. Mitchell, Smith and Leonard of the 3rd:
A bill to amend an act entitled "An Act to amend Code Chapter 91-8 pertaining to general provisions on inventory and sale of public prop erty . . .", so as to provide for the private sale, conveyance, transfer or other disposition of county property under certain conditions; and for other purposes.

HB 658. By Mr. Stovall of the 17th:
A bill to amend an act creating a board of commissioners of roads and revenues for Banks County, so as to provide that all purchases of sup plies and materials for county purposes shall be purchased through a purchasing agent; and for other purposes.

HB 671. By Mrs. Merritt of the 68th, and Mrs. Hamilton of the 137th:
A bill to amend an act creating the Georgia Art Commission, so as to expand the scope of the Georgia Art Commission to include performing arts; and for other purposes.

HB 709. By Messrs. Carnes of the 129th, Adams of the 125th, Lambros of the 130th, Hawkins of the 139th, Lea of the 126th and others:
A bill to provide in all counties having a population of 500,000 or more a method of payment to judges of the Superior Court Emeritus who are requested to serve in such counties; and for other purposes.

HB 722. By Messrs. Harris and Vaughan of the 14th:
A bill to provide that the ordinary of certain counties shall receive a salary in lieu of any other system of compensation; and for other purposes.

1168

JOURNAL OF THE SENATE,

HB 723. By Messrs. Lovett and Knight of the 60th:
A bill to amend an act creating a new charter for the City of Dublin, so as to increase the maximum millage which may be levied by the City of Dublin; and for other purposes.

HB 726. By Mr. Lambert of the 38th:
A bill to amend an act placing the clerk of the superior court, the sheriff, the ordinary, the tax collector and tax receiver of Morgan County upon an annual salary, so as to increase the compensation of the sheriff, the ordinary and the tax collector; and for other purposes.

HB 731. By Messrs. Higginbotham, Westlake, Evensen and Bean of the 119th, Sims of the 131st, Adams of the 125th and others:
A bill to amend an act providing for a pension and retirmeent system for the officers and employees of certain cities, so as to change certain of the provisions relating to the eligibility of persons receiving benefits under such act to be reemployed or reappointed to any position in the government of such cities; and for other purposes.

HB 732. By Messrs. Mitchell, Smith and Leonard of the 3rd:
A bill to amend an act approved February 24, 1874, incorporating the City of Dalton, so as to provide a comprehensive and unified pension plan for certain officers, firemen, policemen, employees of the Mayor and Council, and the various departments thereof; and for other purposes.

HB 746. By Messrs. Harris and Smith of the 85th:
A bill to amend an act abolishing the fee system of the official court reporter of the Brunswick Judicial Circuit in felony cases and providing in lieu thereof a salary so as to provide for an assistant official court reporter; and for other purposes.

HB 748. By Messrs. Howard of the 101st, Jordan of the 103rd, Wilson and Henderson of the 102nd:
A bill to amend an act creating a law library in certain counties, so as to increase the maximum fund authorized to be collected from court cases to establish such libraries; and for other purposes.

HB 749. By Messrs, Howard and McDaniell of the 101st, Jordan of the 103rd and Wilson of the 102nd:
A bill consolidating the offices of tax collector and tax receiver of Cobb County, so as to change the compensation of the tax commissioner and the chief clerk of the tax commissioner; and for other purposes.

WEDNESDAY, FEBRUARY 16, 1966

1169

HB 750. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd, Wilson and Henderson of the 102nd:
A bill to amend an act creating the Cobb Judicial Circuit, so as to change the compensation which the judges receive from Cobb County; and for other purposes.

HB 751. By Messrs. Howard and McDaniell of the 101st, Wilson of the 102nd and Jordan of the 103rd:
A bill to amend an act changing the compensation of the clerk of the superior court, the sheriff and the ordinary of Cobb County, so as to change the compensation of the sheriff, chief deputy sheriff, the deputy sheriffs, chief investigator-sheriff's office, clerk and deputy clerk of the superior court; and for other purposes.
HB 754. By Messrs. Sherman and DeLong of the 105th, Fleming of the 106th and Snellings of the 104th:
A bill to amend an act providing a permanent county employees' pension fund for permanent employees of the Board of Commissioners of Roads and Revenues for Richmond County, so as to provide for certain optional additional benefits; and for other purposes.

HB 760. By Messrs. Dixon and Sweat of the 83rd:
A bill to amend an act placing certain officers of Ware County on a salary system, so as to authorize the governing authority to allow the tax collector to receive commissions for collecting the taxes in excess of a certain percentage of the total taxes due; and for other purposes.

HB 761. By Messrs. Dixon and Sweat of the 83rd:
A bill to amend an act creating a board of commissioners of roads and revenues of Ware County, so as to change the procedure relative to the publication of receipts and expenditures; and for other purposes.

HB 762. By Messrs. Wilson and Henderson of the 102nd, McDaniell and Howard of the 101st and Jordan of the 103rd:
A bill to fix the compensation of the treasurer of all counties of this State having a population of not less than 100,000 nor more than 130,000; and for other purposes.

HB 763. By Mr. Steis of the 100th:
A bill creating a Small Claims Court in Harris County; and for other purposes.

1170

JOURNAL OF THE SENATE,

HB 765. By Messrs. Dean and Moore of the 20th:
A bill to amend an act incorporating the Town of Rockmart in the County of Polk, so as to change the date for holding elections for mayor and councilmen; and for other purposes.

HR 153. By Messrs. Dollar and Conger of the 89th: A resolution authorizing the Governor to execute a permanent easement in behalf of the State of Georgia over certain property located in Bainbridge State Park, Decatur County, Georgia, to the United States of America, to be used in connection with the Jim Woodruff Dam and Reservoir; and for other purposes.
HR 156. By Mr. Russell of the 92nd: A resolution authorizing the conveyance of a certain tract of Stateowned property in Thomas County to Wade E. Freeman; and for other purposes.
HR 321. By Mr. Clark of the 2nd: A resolution proposing an amendment to the Constitution so as to create the Catoosa County Development Authority; and for other purposes.

HR 326. By Messrs. Dixon and Sweat of the 83rd:
A resolution proposing an amendment to the Constitution so as to clarify the provisions relative to the filling of vacancies on the Board of Educa tion of Ware County and the appointment of the County School Super intendent by the Board; and for other purposes.

HR 327. By Messrs. Henderson and Wilson of the 102nd, McDaniell and Howard of the 101st, and Jordan of the 103rd: A resolution proposing an amendment to the Constitution so as to authorize Cobb County to install, construct, extend, repair and improve sidewalks in the incorporated areas and unincorporated areas of Cobb County and to issue general obligation bonds in order to finance said projects; and for other purposes.
The following bills and resolutions were introduced, read the first time, and referred to committees:
HB 33. By Messrs. Harris, Walling, Levitas and Farrar of the 118th: A bill to amend Code section 89-9908, relating to the method of indict ment of county officers for malpractice in office, so as to strike that

WEDNESDAY, FEBRUARY 16, 1966

1171

portion which gives the defendant the right to bring witnesses before the grand jury and to examine the witnesses of the prosecution; and for other purposes.

HB 219. By Mr. Steis of the 100th:
A bill to amend Code section 84-409 relating to the qualifications and requirements prescribed prior to issuing a master barber's certificate of registration; and for other purposes.

HB 243. By Mr. Hull of the 104th:
A bill to revise comprehensively the laws relating to subpoenas and other like processes; and for other purposes.

HB 304. By Mr. Farrar of the 118th:
A bill to create a State Council for the Preservation of Natural Areas; and for other purposes.
Referred to Committee on Rules.

HB 421. By Messrs. Mauldin of the 18th, Blalock of 33rd, Smith of the 3rd, Oglesby of the 92nd, Melton of the 34th and others:
A bill to provide for the regulation of "perpetual care" and "endowment care" cemeteries; and for other purposes.

HR 111. By Mr. Barber of the 24th:
A resolution creating the Alcohol Education Study Committee; and for other purposes.
HR 309. By Mr. Chandler of the 47th:
A resolution authorizing the acceptance of the bid of Sonoco Produtcs Company, to lease 1.22 acres of State-owned property in Fulton County, Georgia, and to direct the chairman of the State Properties Control Commission to execute the attached lease on behalf of the State Proper ties Control Commission; and for other purposes.

Mr. Johnson of the 42nd District, Secretary of the Committee on Retirement, submitted the following report:
Mr. President:
Your Committee on Retirement has had under consideration the following

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Bill of the House, and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
HB 569. Do Pass, as Amended.

Respectfully submitted, Johnson of 42nd District, Secretary.

Mr. Gillis of the 20th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the following Resolutions of the House, and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HR 10. Do Pass, as Amended. HR 56. Do Pass, as Amended. HR 171. Do Pass. HR 214. Do Pass.
Respectfully submitted, Gillis of 20th District, Chairman.

Mr. Spinks of the 9th District, Vice-Chairman of the Committee on Agri culture and Natural Resources, submitted the following report:
Mr. President:
Your Committee on Agriculture and Natural Resources has had under con sideration the following bills of the House and has instructed me as Vice-Chair man, to report the same back to the Senate with the following recommendations:
HB 488. Do Pass. HB 560. Do Pass.
Respectfully submitted, Spinks of 9th District, Vice-Chairman.

WEDNESDAY, FEBRUARY 16, 1966

1173

Mr. Carter of the 14th District, Secretary of the Committee on Educational Matters, submitted the following report:

Mr. President:

Your Committee on Educational Matters has had under consideration the following bills of the Senate and House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SB 221. Do Pass, as Amended.
HB 241. Do Pass.
Respectfully submitted,
Carter of 14th 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 and resolutions of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the fol lowing recommendations:
SB 206. Do Pass, by Substitute. SB 237. Do Pass. SB 202. Do Pass. SB 238. Do Pass. SB 239. Do Pass. HB 444. Do Pass. HB 455. Do Pass. HB 456. Do Pass. HB 457. Do Pass. HB 459. Do Pass. HB 497. Do Pass. HB 510. Do Pass. HB 516. Do Pass. HB 520. Do Pass. HB 521. Do Pass. HB 570. Do Pass, as Amended.

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JOURNAL OF THE SENATE,

HB 583. Do Pass. HB 584. Do Pass. HB 585. Do Pass. HB 587. Do Pass. HB 594. Do Pass. HB 596. Do Pass. HB 608. Do Pass. HB 609. Do Pass. HB 619. Do Pass. HB 620. Do Pass. HB 621. Do Pass. HB 623. Do Pass. HB 624. Do Pass. HB 668. Do Pass. HB 676. Do Pass. HB 679. Do Pass, by Substiutte. HB 688. Do Pass. HB 689. Do Pass. HB 690. Do Pass. HB 692. Do Pass. HB 696. Do Pass. HB 697. Do Pass. HB 700. Do Pass. HB 703. Do Pass. HB 704. Do Pass. HB 705. Do Pass. HB 706. Do Pass. HB 707. Do Pass. HB 710. Do Pass. HB 713. Do Pass. HB 734. Do Pass. HB 735. Do Pass, as Amended. HB 736. Do Pass. HB 737. Do Pass.

WEDNESDAY, FEBRUARY 16, 1966

1175

HB 738. Do Pass. HB 755. Do Pass. HB 238. Do Pass. HB 384. Do Pass. HB 484. Do Pass. HB 489. Do Pass, as Amended. HB 499. Do Pass. HB 578. Do Pass, as Amended. HB 618. Do Pass. HB 648. Do Pass. HB 650. Do Pass. HB 665. Do Pass. HB 684. Do Pass. HB 685. Do Pass, as Amended. HB 711. Do Pass. HB 717. Do Pass. HB 718. Do Pass. HB 719. Do Pass. HB 720. Do Pass. HB 721. Do Pass. HB 739. Do Pass. HB 740. Do Pass. HB 741. Do Pass. HB 742. Do Pass, as Amended. HB 743. Do Pass. HB 744. Do Pass. HB 745. Do Pass. HB 756. Do Pass. HB 757. Do Pass. HR 272. Do Pass, by Substitute. HR 265. Do Pass. HR 274. Do Pass. HR 288. Do Pass. HR 80. Do Pass.

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JOURNAL OF THE SENATE,

HR 161. Do Pass. HR 203. Do Pass. HR 263. Do Pass. HR 266. Do Pass. HR 281. Do Pass. HR 283. Do Pass. HR 284. Do Pass. HR 289. Do Pass. HR 291. Do Pass. HR 295. Do Pass, as Amended. HR 316. Do Pass. HR 319. Do Pass, as Amended.

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 House, and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SR 61. Do Pass. SR 83. Do Pass. HB 302. Do Pass. HB 443. Do Pass. HB 500. Do Pass. HB 566. Do Pass. HB 677. Do Pass. HR 157. Do Pass. HR 158. Do Pass. HR 167. Do Pass. HR 187. Do Pass. HR 244. Do Pass.

WEDNESDAY, FEBRUARY 16, 1966

1177

HR 287. Do Pass. SB 87. Do Pass, by Substitute. SB 96. Do Not Pass. SB 231. Do Pass. SB 233. Do Not Pass. SR 81. Do pass, by Substitute. HB 303. Do Pass. HB 468. Do Pass. HB 495. Do Pass. HR 282. Do Pass. HR 112. Do Pass. SR 77. Do Pass, as Amended.
Respectfully submitted, Rowan of 8th District, Chairman.

Mr. Fincher of the 51st District, Chairman of the Committee on Health and Welfare, submitted the following report:
Mr. President:
Your Committee on Health nad Welfare, has had under consideration the following bills of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 219. Do Pass. HB 251. Do Pass. HB 324. Do Pass. HB 553. Do Pass.
Respectfully submitted, Fincher of 51st District, Chairman.

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

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JOURNAL OP THE SENATE,

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 229. Do Pass. HB 83. Do Pass, as Amended. HB 167. Do Pass, as Amended. HB 377. Do Pass.
Respectfully submitted, Yancey of 33rd 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 239. By Senator Loggins of the 53rd:
A bill to amend an act placing the sheriff of the Superior Court of Chattooga County upon an annual salary, approved March 18, 1964 (Ga. Laws 1964, p. 2006) so as to change the compensation of deputy sheriffs and jailers; to provide that the jailer shall act as clerk for the sheriff's office and shall keep records; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 229. By Senator Minish of the 48th:
A bill to amend an act creating a new judicial circuit for the State of Georgia known as the Gwinnett Judicial Circuit, as amended, so as to increase the salary of the solicitor general; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 16, 1966

1179

SB 202. By Senator Minish of the 48th:
A bill to abolish the present mode of compensating the sheriff of Jack son County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 28, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 238. By Senator Edenfield of the 4th:
A bill to amend an act placing the clerk of the Superior Court of Bulloch County upon an annual salary, as amended, so as to authorize the clerk to employ a deputy clerk, a docket clerk and a typist 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 28, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 206. By Senator Minish of the 48th:
A bill to amend an act creating the Board of Commissioners of Roads and Revenues of Jackson County, as amended, so as to change the compensation of the chairman and the other members of the Board of Commissioners of Roads and Revenues of Jackson County; and for other purposes.
The Committee on County and Municipal Governments offered the following substitute:
A BILL
To be entitled an act to amend an act creating the Board of Com missioners of Roads and Revenues of Jackson County, Georgia, approved December 18, 1901 (Ga. Laws 1901, p. 257), as amended, particularly

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JOURNAL OF THE SENATE,

by an act approved August 28, 1931 (Ga. Laws 1931, p. 487), an act approved February 2, 1945 (Ga. Laws 1945, p. 552), an act approved March 3, 1962 (Ga. Laws 1962, p. 3000), and an act approved April 9, 1963 (Ga. Laws 1963, p. 3320), so as to change the compensation of the chairman and the other members of the Board of Commissioners of Roads and Revenues of Jackson County, Georgia; to provide effective dates; to repeal certain laws; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An act creating the Board of Commissioners of Roads and Revenues of Jackson County, Georgia, approved December 18, 1901 (Ga. Laws 1901, p. 257), as amended, particularly by an act approved August 28, 1931 (Ga. Laws 1931, p. 487), an act approved February 2, 1945 (Ga. Laws 1945, p. 552), an act approved March 3, 1962 (Ga. Laws 1962, p. 3000), and an act approved April 9, 1963 (Ga. Laws 1963, p. 3320), is hereby amended by striking Section 8 in its entirety and substituting in lieu thereof a new Section 8 to read as follows:

"Section 8. Beginning March 1, 1966, the chairman of the Board of Commissioners of Roads and Revenues of Jackson County, Georgia, shall receive a salary of $7,200.00 per annum, payable in equal monthly installments from the funds of Jackson County.

"Beginning March 1, 1966, the members of the Board of Com missioners of Roads and Revenues of Jackson County, Georgia, other than the chairman of said board, shall each receive a total salary of $50.00 per month plus $25.00 per month for travel and other expenses, payable monthly out of the funds of Jackson County. The board of commissioners shall submit through their chairman to the grand jury of the county, at the spring term of the superior court in each year, a statement in writing of all matters relating to the financial condition of the county, its roads, bridges, public buildings and paupers, with such suggestions in regard to county affairs as they may deem proper. Said board shall make all re pairs of public buildings without recommendation of the grand jury. The record of the proceedings of the board shall be open at all times to the inspection of any citizen of the county. Each out going board shall turn over at the expiration of their term of office all records, books, papers and other property of the county to their successors in office."

Section 2. An act changing the salary of the chairman and the other members of the Board of Commissioners of Roads and Revenues of Jackson County, Georgia, approved February 2, 1945 (Ga. Laws 1945, p. 552), is hereby repealed in its entirety.

Section 3. All laws and parts of laws in conflict with this act are hereby repealed.

On the adoption of the substitute, the ayes were 28, nays 0, and the substi tute was adopted.

WEDNESDAY, FEBRUARY 16, 1966

1181

The report of the committee, which was favorable to the passage of the bill, by substiute 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 570. By Mr. Clarke of the 45th: A bill to abolish the present method of compensating the sheriff of Monroe County, known as the fee system; and for other purposes.

The Committee on County and Municipal Governments offered the follow ing amendment:
Amend HB 570 by omitting in Section 4 line 2 after the word "sum" and before the word "for" the words "multiplied by twelve (12)" so that said Section 4 when so amended shall read as follows:
"The sheriff of Monroe County shall receive a salary of seven hundred fifty ($750.00) dollars per month, plus ten (10%) per cent of said monthly sum for each four (4) year period of service in said office by said officer. However, the total annual compensa tion for said sheriff from the funds of Monroe County shall not exceed the sum of ten thousand eight hundred ($10,800.00) dollars. The compensation of the sheriff in office on the effective date of this act shall be adjusted according to the provisions of this Section and he shall be given credit for all prior service performed in said office."

On the adoption of the amendment, the ayes were 38, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
HB 679. By Mr. Herndon of the 74th: A bill to amend an act creating a new charter for the City of Baxley, so as to provide that the limitation on the power of the City of Baxley

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JOURNAL OF THE SENATE,

to levy and collect taxes shall not affect the levy and collection of taxes to pay bonded indebtedness incurred under the provisions of the Con stitution and evidenced by bonds validated prior to the effective date; and for other purposes.

The Committee on County and Municipal Governments offered the following substitute:
A BILL
To be entitled an act to amend an act creating and establishing a new charter for the City of Baxley, approved August 21, 1911 (Ga. Laws 1911, p. 700), as amended, particularly by an act approved August 18, 1919 (Ga. Laws 1919, p. 839), and an act approved July 30, 1927 (Ga. Laws 1927, p. 903), so as to provide that the limitation on the power of the City of Baxley to levy and collect taxes shall not affect the levy and collection of taxes to pay bonded indebtedness in curred under the provisions of the Constitution and evidenced by bonds validated prior to the effective date of this act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An act creating and establishing a new charter for the City of Baxley, approved August 21, 1911 (Ga. Laws 1911, p. 700), as amended, particularly by an act approved August 18, 1919 (Ga. Laws 1919, p. 839), and an act approved July 30, 1927 (Ga. Laws 1927, p. 903), is hereby amended by striking subsection (q) of the aforesaid amendatory act of 1927 and substituting in lieu thereof a new Section to be designated Section 29, to read as follows:
"Section 29. Be it further enacted by the authority aforesaid that the City of Baxley shall have power and authority to levy and collect a tax upon all property, real and personal, within the limits of said city, upon banks, insurance and all other capital employed therein; on stocks or corporations, and on choses in action; provided that no tax upon real or personal estate or property shall exceed two per centum upon the value thereof except such tax as may be levied to pay bonded indebtedness incurred under the provisions of the Consttution and evidenced by bonds validated prior to the effec tive date of this act."
Section 2. All laws and parts of laws in conflict with this act are hereby repealed.
On the adoption of the substitute, the ayes were 38, 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.

WEDNESDAY, FEBRUARY 16, 1966

1183

On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.
HB 444. By Mr. Reaves of the 99th: A bill to abolish the present mode of compensating the sheriff of Brooks 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 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 455. By Mr. Irvin of the llth:
A bill to amend an act relating to the incorporation of the City of Cornelia, so as to clarify the provisions of the charter of the City of Cornelia relating to the election of a member of the City Commission from Ward Number One; and for other purposes.

The report 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 456. By Mr. Irvin of the llth:
A bill to amend an act relating to the incorporation of the City of Cornelia, so as to eliminate the limitation on the amount of salary per annum which may be paid 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 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE,

HB 457. By Mr. Irvin of the llth:
A bill to amend an act relating to the incorporation of the City of Cornelia, so as to grant the power of eminent domain for the purpose of acquiring lands, easements, rights in lands and water rights for public purposes of constructing water and sewer systems without the corporate limits of the City of Cornelia; and for other purposes.

The report 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 459. By Mr. Irvin of the llth:
A bill to amend an act relating to the incorporation of the City of Cornelia, so as to provide for the payment of monthly salaries to the members of the City Commission elected to serve as Mayor and other members of the City Commission; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 497. By Messrs. Wilson and Henderson of the 102nd, Howard and McDaniell of the 101st and Jordan of the 103rd:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Cobb County, so as to provide that the charge for licenses issued for certain business activities within Cobb County shall be limited to actual expenses incurred in issuing such licenses.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 16, 1966

1185

HB 510. By Mr. Roach of the 15th:
A bill to amend an act creating the office of Commissioner of Roads and Revenues for Cherokee County, so as to change the compensation of the Commissioner; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 516. By Mr. Roach of the 15th: A bill to amend an act placing the sheriff, the clerk of the superior court, the tax commissioner and the ordinary of Cherokee County on a salary system in lieu of the fee system, so as to change the compensa tion of the sheriff, clerk of the superior court, tax commissioner, ordi nary, sheriff's deputies and the various clerks to said offices; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 520. By Mr. Lovett of the 60th: A bill to amend an act creating the city court of Dublin, so as to in crease the compensation 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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE,

HB 521. By Messrs. Richardson of the 116th, Gignilliat and Powers of the 113th, Smith of the 114th, Tye and Kiley of the 115th and others:
A bill to amend an act implementing the Constitutional provisions creat ing the Savannah District Authority, so as to delete therefrom cer tain provisions relating to the terms of office of the authority members and the prohibition against members being eligible to succeed them selves ; and for other purposes.

The report 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 583. By Mr. Clark of the 2nd:
A bill to amend an act relating to changing the compensation of the ordinary and the superior court of Catoosa County, so as to increase the allowance of clerical help for 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 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 584. By Mr. Clark of the 2nd:

'"

A bill to amend an act creating the office of tax commissioner of

Catoosa County, so as to increase the clerical assistance allowance of

the tax commissioner; and for other purposes.

1 The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 16, 1966

1187

HB 585. By Mr. Clark of the 2nd:
A bill to amend an act creating the office of Commissioner of Roads and Revenue of Catoosa County, so as to increase the compensation of the clerical assistant to the commissioner; and for other purposes.

The report of the committee, which was favorable to the passage of the bill,

was agreed to.

:

On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 587. By Mr. Smith of the 44th:
A bill to amend an act to establish a new charter for the town of Milner, Lamar County, so as to change the term of the offices of the Mayor and Councilmen; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 596. By Messrs. Blalock and Davis of the 33rd:
A bill to amend an act establishing the City Court of Newnan, so as to change the name of said Court to the Civil and Criminal Court of Coweta County; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 608. By Messrs. Rowland and Carr of the 48th:
A bill to amend an act establishing the City Court of Wrightsville, so as to provide an annual salary in lieu of the fee system of compensa tion for the solicitor of said court; and for other purposes.

1188

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 609. By Messrs. Carr and Rowland of the 48th:
A bill to amend an act creating the City Court of Washington County, so as to change the salaries of the judge and the solicitor of said court; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 619. By Mr. Bowen of the 69th:
A bill to provide a salary for the Coroner of Dooly County in lieu of fees; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 620. By Messrs. Busbee, Lee, Odom and Hutchinson of the 79th:
A bill to provide for appointments to and the filling of vacancies on the Albany-Dougherty Hospital Authority; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, FEBRUARY 16, 1966

1189

On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, -was passed.

HB 621. By Messrs. Mitchell, Smith and Leonard of the 3rd: A bill amending the charter of the City of Dalton, by incorporating in said city certain lands and territory located in Land Lot No. 163 in the 12th District and 3rd Section of Whitfield 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 623. By Messrs. Mitchell, Smith and Leonard of the 3rd: A bill to authorize the governing authority of Whitfield County to provide group insurance policies for their regular employees; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 624. By Messrs. Mitchell, Smith and Leonard of the 3rd: A bill to amend an act consolidating, amending and codifying the variout acts incorporating the City of Dalton, so as to change the maximum fine and punishment which may be imposed by said court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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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 668. By Mr. Russell of the 92nd:
A bill to amend an act creating fire protection districts in Thomas County, so as to include certain additional land lots within the bound aries of fire district No. 2; and for other purposes.

The report 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 676. By Mr. Dailey of the 66th: A bill to amend an act abolishing the present mode of compensating the sheriff of Randolph County, known as the fee system, so as to change the compensation of the deputy sheriff of Randolph 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 688. By Messrs. Melton and Faissert of the 34th: A bill to amend an act consolidating the offices of Tax Receiver and Tax Collector of Spalding County, so as to fix the salary of the Tax Commissioner; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 16, 1966

1191

HB 689. By Messrs. Gaissert and Melton of the 34th:
A bill to amend an act abolishing the fee system of compensation of certain county officers, so as to fix the salary of the Clerk of the Superior Court of Spalding County; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 38, nays 0.

;:

The bill, having received the requisite constitutional majority, was passed.

HB 690. By Messrs. Gaissert and Melton of the 34th:

'.:...

A bill to amend an act abolishing the fee system of compensation of the Coroner of Spalding County, so as to fix the compensation of the Coroner; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 692. By Messrs. Newton and Matthews of the 94th:
A bill to amend an act creating and establishing a new charter for the City of Moultrie, so as to extend the corporate limits; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OP THE SENATE,

HB 696. By Messrs. Story and Watson ol the 22nd:
A bill to amend an act creating a new charter for the City of Lawrenceville, by adding additional territories to be included in the city limits of said city; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 697. By Messrs. Story and Watson of the 22nd:
A bill to amend an act of the General Assembly creating a new charter for the City of Lawrenceville, so as to authorize the mayor and council to enact an ordinance prohibiting the operation of public billiard rooms and public pool rooms in said city; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 700. By Messrs. Melton and Gaissert of the 34th: A bill authorizing and fixing the salaries and compensation of the Commissioners of Roads and Revenues of Spalding County, so as to fix the compensation of the Chairman and 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 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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HB 703. By Mr. Mixon of the 81st:
A bill to amend an act incorporating the City of Ocilla 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 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 704. By Mr. Collins of the 62nd: A bill to amend an act creating a new charter for the City of Vidalia, so as to change the corporate limits of said City of Vidalia; and for other purposes.
The report 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 705. By Messrs. Lee, Gary and Harrell of the 35th: A bill to amend an act creating a board of commissioners of roads and revenues for Clayton County; so as to provide that the vice chair man of said commission shall have the authority and duty of the chair man and shall carry out the duties of the chairman in the event the chairman is temporarily absent from the county or incapacitated; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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HB 706. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd, Henderson and Wilson of the 102nd:
A bill to amend an act creating a new charter for the City of Smyrna, so as to increase the corporate limits; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 707. By Messrs. Harrell, Lee and Gary of the 35th:
A bill to amend an act of the General Assembly approved March 7, 1955, so as to provide that said Clayton County Water Authority will have the right of eminent domain and to further define the powers and duties of said Board; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 710. By Mr. Doster of the 73rd: A bill to amend an act creating a new charter for the City of Lumber City, so as to change the hours for which the polls shall remain open on election days; to provide for voting machines; and for other pur poses.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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1195

HB 713.-By Mr. Steis of the 100th:
A bill to provide a new charter for the Town of Geneva; and for other purposes.

The report 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 736. By Mr. Thomas of the 77th: A bill to place the ordinary of Wayne County on a salary system in lieu of a fee system; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 738. By Mr. Thomas of the 77th: A bill to amend an act incorporating and creating a new charter for the City of Jesup in Wayne County, so as to change the corporate limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 735. By Mr. Bagby of the 21st:
A bill to amend an act creating the office of tax commissioner of Paulding County, so as to change the compensation of the tax commis sioner; and for other purposes.

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The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 755. By Mr. Conner of the 91st:
A bill to amend an act creating a board of commissioners of roads and revenues for Bacon County, so as to change 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 32, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 737. By Mr. Thomas of the 77th:
A bill to place the tax commissioner of Wayne County on a salary basis in lieu of a fee system; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 742. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th, Snellings and Hull of the 104th:
A bill to amend an act providing for the appointment of a secretary to serve the judges of the city courts in certain counties, so as to change the compensation of the secretary in such counties; and for other purposes.

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The Committee on County and Municipal Governments offered the following amendment:
Amend HB 742 as follows: By striking the figures $3,168.00 where the same appear in Section 1 and Section II of said bill and inserting in lieu thereof the figures $3,780.00.

On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
HR 203. By Mr. Roach of the 15th: A resolution repealing two resolutions regarding land in Cherokee County; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 38, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HB 685. By Mr. Conner of the 91st: A bill to abolish the present mode of compensating the tax commis sioner of Jeff Davis County, known as the fee system; and for other purposes.
The Committee on County and Municipal Governments offered the follow ing amendment:
Amend HB 685 by inserting in the title between the word "per sonnel" and the word "to" the following: "to provide for a referen dum;".

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By striking Section 2 in its entirety and substituting in lieu there of a new Section 2 to read as follows:

"Section 2. The Tax Commission shall receive a salary of $660.00 per month, payable from the funds of Jeff Davis County."

By striking Section 4 in its entirety and substituting in lieu there of a new Section 4 to read as follows:

"Section 4. The Tax Commissioner shall have the authority to appoint a secretary and to fix her compensation at not more than $60.00 per week. In addition to such secretary, the Tax Com missioner is authorized to employ a part-time secretary to assist him on a temporary basis during those periods in which the work load of his office becomes heavy due to the seasonal nature of the duties of his office. The Tax Commissioner shall fix compensa tion to be received by such part-time secretary at not more than $50.00 per week, and Jeff Davis County shall not be responsible for the payment of such in excess of the total sum of $50.00 per week. It shall be within the sole power and authority of the Tax Commissioner, during his term of office, to designate and name the person or persons who shall be employed by him and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion."

By striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:

"Section 6. During the first week in October, 1966, it shall be the duty of the Ordinary of Jeff Davis County to issue the call for an election for the purpose of submitting this act to the voters of Jeff Davis County for approval or rejection. The Ordinary shall set the date of such election for the same date as the General Elec tion in 1966, which date is November 8, 1966. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Jeff Davis County. The ballot shall have written or printed thereon the words:
'For approval of the act to place the Tax Commissioner of Jeff Davis County on an annual salary in lieu of the fee system of compensation.
'Against approval of the act to place the Tax Commissioner of Jeff Davis County on an annual salary in lieu of the fee system of compensation.'
All persons desiring to vote in favor of the act shall vote for approval, and those persons desiring to vote for rejection of the act shall vote against approval. If 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. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and

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1199

rules and regulations as govern general 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."

By striking Section 7 in its entirety and substituting in lieu thereof a new Section 7 to read as follows:

"Section 7. The provisions of this Act shall become effective January 1, 1967 if approved by the voters of Jeff Davis County in the referendum election as hereinbefore provided."

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 38, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
HB 578. By Mr. Paris of the 23rd:
A bill to implement and effectuate the provisions of the Constitution creating the Barrow County School System and the Board of Educa tion, so as to provide for the members of said Board; and for other purposes.
The Committee on County and Municipal Governments offered the follow ing amendment:
Amend HB 578 as follows:
By striking the title in its entirety and inserting in lieu thereof a new title, to read as follows:
"A BILL
To be entitled an act to implement and effectuate the pro visions of Article VIII, Section V, Paragraph I of the Constitution creating the Barrow County School System and the Board of Edu cation of the Barrow County School System composed of nine (9) members, so as to provide for the initial members of said Board; to provide for the selection, appointment or election of the suc cessors to the members of said Board; to provide for the filling of vacancies on said Board; to provide for the transfer of certain

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properties, facilities and assets; to provide the manner in which debts and obligations of the independent school systems of the City of Winder in the existing school district in the County of Barrow outside the corporate limits of the City of Winder as the same existed prior to the ratification of the constitutional amendment creating said System and said Board shall be paid; to provide that properties, facilities and assets transferred to said System shall be vested in said System subject to all debts and obligations thereon existing prior to the ratification of said constitutional amendment; to provide that said Board shall be authorized to decrease the size of, enlarge the size of and to redefine the school areas of said Sys tem; to provide an effective date; to repeal conflicting laws; and for other purposes."

By striking Subparagraph (a) of Section 1 in its entirety and inserting in lieu thereof a new Subparagraph (a), to read as follows:

"(a) The Mayor and City Council of the City of Winder shall on or before January 15, 1967, appoint four (4) members to the Board of Education of the Barrow County School System who are members of the Board of Education of the independent school sys tem of the City of Winder and who are residents of the Winder School Area for terms expiring December 31, 1968, December 31, 1969, December 31, 1970, and December 31, 1971, and until their successors are selected, appointed or elected and qualified; and"

By renumbering Sections 2, 3 and 4 as Sections 3, 4 and 5, respec tively.

By inserting after Section 1 a new section to be known as Section 2 to read as follows:

"Section 2. Beginning on September 1, 1967, and thereafter the Board of Education of the Barrow County School System shall be authorized to decrease the size of, enlarge the size of, and redefine the five School Areas designated in the constitutional amendment creating the Barrow County School System.

"The authority to decrease the size of, enlarge the size of, and redefine the School Areas herein provided, shall be exercised only at official meetings of the Board of Education of the Barrow County School System and the exercises of such authority shall be duly entered on the minutes of such meetings."

On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

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1201

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 238. By Mr. Black of the 56th: A bill to abolish the present method of compensating the sheriff of Stewart 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 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 384. By Mr. Black of the 56th:
A bill to authorize the governing authority of Chattahoochee County to assess and collect license fees, classify businesses and business enter prises, assess different license fees and taxes in the interest and wel fare of the citizens of Chattahoochee County; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 484. By Mr. Black of the 56th:
A bill to amend an act placing the sheriff of Chattahoochee County on an annual salary in lieu of the fee basis of compensation, so as to authorize the county to furnish the radio equipment required by the office of the sheriff; and for other purposes.

The Committee on County and Municipal Governments offered the follow ing substitute:

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A BILL

To be entitled an act to amend an act placing the sheriff of Chattahoochee County on an annual salary in lieu of the fee basis of com pensation, approved March 1, 1965 (Ga. Laws 1965, p. 2107), so as to provide that the county shall furnish the radio equipment required by the office of the sheriff; to provide that the sheriff maintain an office; to provide for the hours during which said office shall remain open; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An act placing the sheriff of Chattahoochee County on an annual salary in lieu of the fee basis of compensation, approved March 1, 1965 (Ga. Laws 1965, p. 2107), is hereby amended by adding a new Section to be designated Section 7, to read as follows:

"Section 7. The governing authority of Chattahoochee County shall furnish the office of the sheriff with such radio equipment as may be required by the sheriff to properly discharge the offi cial duties of his office. The sheriff of Chattahoochee County shall maintain an office at the courthouse or at such other place as may be designated by the governing authority of Chattahoochee County. The sheriff shall keep his office open to the public and the hours during which said office shall remain open shall be the same as the office of the clerk of the superior court of Chatta hoochee County."
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 28, 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 38, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 489. By Messrs. Richardson of the 116th, Gignilliat and Powers of the 113th, Smith of the 114th, Tye and Kiley of the 115th:
A bill to amend an act incorporating Garden City, so as to confer upon the mayor and councilmen additional powers; and for other purposes.

WEDNESDAY, FEBRUARY 16, 1966

1203

The Committee on County and Municipal Governments offered the follow ing amendment:
Tribble of the 3rd moves to amend HB 489 as follows:

By striking in its entirety the first sentence of Section 31 and sub stituting in lieu thereof the following:

"The mayor and councilmen shall have full power and author ity to condemn private property for the following public purposes only:
1. The establishment of public streets, sidewalks, parks and playgrounds;
2. for rights-of-way for water and sewer lines;

3. for sites for sewage disposal facilities and property neces sary for the operation and conduct of the water and sewerage system."
By striking in its entirety Subsection (e) of Section 32.

On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 499. By Mr. Black of the 56th: A bill to provide that in all counties of this State having a certain population the governing authorities of such counties shall furnish the sheriff of said counties firearms and ammunition and a two-way radio for 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 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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HB 618. By Messrs. Drew of the 116th, Kiley and Tye of the 115th, Gaynor and Smith of the 114th, Gignilliat and Powers of the 113th and others:
A bill to amend Code section 88-202, relating to the composition of the county boards of health, so as to provide for the manner in appoint ing certain members of county boards of health 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 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 648. By Messrs. Overby, Williams and Wood of the 16th:
A bill to amend an act amending the charter of the City of Gainesville, so as to make certain changes in the retirement system for the em ployees of said city; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 650. By Messrs. Fleming and Simkins of the 106th, DeLong and Sherman of the 105th, Hull and Snellings of the 104th:
A bill incorporating the City of Augusta and providing a charter there of, so as to provide that the City of Augusta shall pay certain law enforcement officers of the city who are required to testify in the recorder's court on their off days; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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1205

HB 665. By Messrs. Fleming and Simkins of the 106th, Snellings of the 104th, Sherman and DeLong of the 105th:
A bill to amend the charter of the City of Augusta, so as to provide that the effective date on which one or more of the territories described in said charter amendment shall become a part of the City of Augusta shall be on January 1 of the year following the year in which said charter amendment of 1953 is ratified; and for other purposes.

The report 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 684. By Messrs. Jones, Pickard and Brinkley of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth: A bill providing that the County of Muscogee shall supplement the salary of the judges of the Superior Court of the Chattahoochee Judi cial Circuit, so as to change the amount of said supplement; and for other purposes.
The report 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 711. By Mr. Jones of the 76th: A bill to amend an act incorporating the City of Riceboro, so as to change the date on which municipal elections are conducted; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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HB 717. By Messrs. Sherman of the 105th, Simkins of the 106th, Snellings of the 104th, Fleming of the 106th and DeLong of the 105th:
A bill to amend the charter of the City of Augusta, so as to provide an alternative form of retirement pension authorizing a permanent employee to receive a reduced pension for his lifetime in consideration of the payment to his spouse after his death of a pension equal to onehalf of the employee's reduced pension; and for other purposes.

The report 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 718. By Messrs. Sherman of the 105th, Simkins of the 106th, Snellings of the 104th, Fleming of the 106th and DeLong of the 105th: A bill to amend the charter of the City of Augusta, so as to provide a further alternative form of retirement allowance; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 719. By Messrs. Sherman of the 105th, Simkins of the 106th, Snellings of the 104th, Fleming of the 106th and DeLong of the 105th:
A bill to amend the charter of the City of Augusta, relating to reduced pensions; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 16, 1966

1207

HB 720. By Messrs. Story and Watson of the 22nd:
A bill to amend an act creating a new charter for the City of Norcross, so as to change the compensation of the mayor, mayor pro-tern 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 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 721. By Messrs. Story and Watson of the 22nd: A bill to amend an act creating a Board of County Commissioners of Gwinnett County, so as to change the compensation of County Com missioners; and for other purposes.
The report 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 receiving the requisite constitutional majority, was passed.

HB 739. By Messrs. Fleming and Simkins of the 106th, Snellings and Hull of the 104th, and Sherman of the 105th:
A bill to provide for the appointment of and the salary for an Execu tive Secretary and Calendar Clerk to the Judge or Judges presiding in civil matters, as distinguished from domestic relations and criminal matters, of the Superior Courts in counties having a population of not less than 135,000 nor more than 140,000; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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HB 740. By Messrs. Fleming and Simkins of the 106th, DeLong and Sherman of the 105th, Snellings and Hull of the 104th:
A bill to amend an act placing certain of the officers of certain coun ties on a salary in lieu of the fee system, so as to change the maximum compensation to be paid certain employees of certain officers in such 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.

HB 741. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th, Snellings and Hull of the 104th: A bill to amend an act providing for assistants in the office of the solicitor-general of certain counties, so as to change the compensation of the stenographer-clerks of said court in such counties; and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 743. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th, Snellings and Hull of the 104th: A bill to amend an act providing for the appointment of a clerk for the office of solicitor of the city court of certain counties, so as to change the compensation of the clerk in such 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.

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1209

HB 744. By Messrs. Fleming and Simkins of the 106th, Shernian and DeLong of the 105th, Snellings and Hull of the 104th:
A bill to amend an act providing for the appointment of an assistant solicitor of the city court of certain counties, so as to change the com pensation of the assistant solicitor in such 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.

HB 756. By Mr. Conner of the 91st:
A bill to enable Bacon County and the City of Alma to establish a joint planning commission to make and amend an overall plan, and to other wise promote the orderly growth and development of the county and city; and for other purposes.

The report of the committee, which was favorable to the passage of the hill, was agreed to.

On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 745. By Messrs. Fleming and Simkins of the 106th, Sherman and DeLong of the 105th, Snellings and Hull of the 104th:
A bill to establish and create the office of Building Inspector for Rich mond County; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Amend HB 745 by inserting in the title between the word "of" and the word "Building" the words "Construction Supervisor and".
By inserting in said bill before the words "Building Inspector" wherever the same shall appear the words "Construction Supervisor and".

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By striking Section 2 in its entirety and inserting in lieu thereof a new Section 2, to read as follows:

"Section 2. That the Construction Supervisor and Building Inspector shall have at least three years experience as an architect, engineer, building inspector, building contractor, or superintendent of building construction, for three years of which he shall have been in a responsible charge of work. After the Board of Commissioners of Eoads and Revenues of Richmond County, Georgia, shall have caused him to be given such tests, as the majority of said Board shall deem necessary in order to ascertain his general competence and qualifications for said position, he shall then be appointed by the majority vote of the Board of Commissioners of Roads and Revenues of Richmond County, Georgia and his appointment shall continue during good behavior and satisfactory service. He shall not be removed from office except for cause after opportunity has been given to him to be heard on specific charges before the Board of Commissioners of Roads and Revenues of Richmond County, Georgia."
By striking from the second sentence of Section 3 the word "five" and inserting in lieu thereof the word "three".

On the adoption of the amendment, the ayes were 35, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
HB 757. By Mr. Conner of the 91st: A bill to create and incorporate the City of Denton, in the County of Jeff Davis, and grant a charter to that municipality under that name and style; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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1211

HB 734. By Mr. Bagby of the 21st:
A bill creating a new charter for the City of Dallas, so as to provide for the establishment of a recorder's court, create the office of re corder and provide for the jurisdiction of such office and the powers, duties, appointment, removal and compensation of the recorder; and for other purposes.

The Committee on County and Municipal Governments offered the following amendment:
Amend HB 734 by stricking in its entirety subsection (d) of Sec tion 19 which Section is quoted in Section 2 of said bill and substituting in lieu thereof a new subsection (d) to read as follows:
"(d) Upon the conviction of any defendant of violation of any law or ordinance of said city, said court shall have the right to sentence said defendant to pay a fine not exceeding $100.00 and to imprisonment in the prison of said city or in the common jail of Paulding County, not exceeding thirty (30) days, and to work and labor in the city chaingang or on the streets or public works of said city, whether within or without the corporate limits, not ex ceeding thirty (30) days, either or all or any part of all. And all sentences may be in the alternative, and fines may be imposed with the alternative of the other punishment in the event the fines are not paid. Said court shall have power to assess costs against each defendant convicted, to be collected and enforced, in addition to, and in the same manner as fines; all of which costs shall not exceed $15.00 per case and shall be paid into the city treasury. And said court may issue executions for any unpaid fines and costs, to be enforced in the same manner as ad valorem tax executions are enforced."

On the adoption of the amendment, the ayes were 41, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following general bills and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage:

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JOURNAL OP THE SENATE,

SB 204. By Senators Johnson of the 38th, Salome of the 36th, Coggin of the 35th, Wesberry of the 37th and Maclntyre of the 40th:
A bill to add one additional judge of the Superior Court for the Atlanta Judicial Circuit; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Senator Johnson of the 38th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Carter Coggin Eldridge Fincher of 51st Pincher of 54th Foster Gregory Hall Holley Holloway

Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Maclntyre Minish McKenzie Owens

Padgett Rowan Searcey Smalley Thompson Ward Wesberry Yancey Young

Those voting in the negative were Senators:

Adams Downing Hill

Miller Moore Noble

Plunkett Webb

By unanimous consent, verification of the roll call was dispensed with.

On the passage of the bill, the ayes were 29, nays 8.

The bill, having received the requisite constitutional majority, was passed.

SR 77. By Senator McKenzie of the 17th:
A resolution creating the Uninsured Motorists Fund Study Committee; and for other purposes.

WEDNESDAY, FEBRUARY 16, 1966

1213

The Committee on Rules offered the following amendment:

Amend SR 77 by amending the time or number of days involved to read 10 days rather than 15 days.

On the adoption of the amendment, the ayes were 32, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution as amended, 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 as amended.
SR 24. By Senator Pennington of the 45th: A resolution designating the Charlie Lay 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 29, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
Senator Yancey of the 33rd asked unanimous consent that the Senate request the House to return HB 525 to the Senate for correction.

The consent was granted.

Senator Maclntyre of the 40th asked unanimous consent that the following bill of the House be withdrawn from the Committee on County and Municipal Governments and recommitted to the Committee on Judiciary:

HB 557. By Messrs. Egan of the 141st, Maddox of the 8th, Watkins of the 9th, Townsend of the 140th, Smith of the 114th and others:
A bill to repeal Code chapter 59-4 relating to the requirement that grand

1214

JOURNAL OP THE SENATE,

juries inspect every orphanage, sanitarium and all other similar facilities located within the county; and for other purposes.

The consent was granted.

HB 193. By Messrs. Lowrey of the 13th, Newton of the 94th, Russell and Oglesby of the 92nd, Reaves of the 99th, Wells of the 30th, Overby and Williams of the 16th:
A bill to amend Code Chapter 42-2, relating to concentrated commercial feeding stuffs, so as to change the inspection fee upon concentrated commercial feeding stuffs; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 34, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HR 287. By Messrs. McCracken of the 49th, Phillips of the 41st, Sherman and DeLong of the 105th and others:
A resolution creating the Rivers and Harbors Development Commission of the State of Georgia; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the ayes were 22, nays 11.

The resolution, having failed to receive the requisite constitutional majority, was lost.
Senator Downing of the 1st gave notice that at the proper time he would move that the Senate reconsider its action on HR 287.

Senator Yancey of the 33rd asked unanimous consent that the following bill of the House be withdrawn from the Committee on Judiciary and recommitted to the Committee on Retirement:

WEDNESDAY, FEBRUARY 16, 1966

1215

HB 51. By Mr. Busbee of the 79th:
A bill to amend an act providing revenue and a source of revenue for the purpose of paying pensions to the firemen of the State of Georgia, so as to change the amount of monthly pension benefits; and for other purposes.

The consent was granted.

SB 212. By Senator Pennington of the 45th:
A bill to amend an act defining certain agricultural terms, as amended, so as to include in said definition container grown products; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 29, nays 0.

The bill, having received the requisite constitutional majority, was passed.

iSR 61. By Senators Loggins of the 53rd and Lee of the 47th:
A resolution to authorize the acceptance of the bid of Sonoco Products Georgia, and to direct the chairman of the State Properties Control Company to lease 1.22 acres of State-owned property in Fulton County, Georgia, and to direct the chairman of the State Properties Control Commission to execute the attached lease on behalf of the State Prop erties Control Commission.
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 9.

The resolutions, having received the requisite constitutional majority, was adopted.
SR 87. By Senator Ballew of the 50th:
A resolution authorizing the execution of a license agreement conveying water rights from Black Rock Mountain State Park to Mrs. Jane T. Williams, Mr. John M. Haddock, Jr., and Mrs. Nesbet Grizzard, in con sideration for their conveying 3.8 acres of real property to the Georgia Department of State Parks; and for other purposes.

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The Committee on Rules offered the following substitute:

A RESOLUTION

Authorizing the execution of an agreement under which certain persons will be entitled to obtain water from Black Rock Mountain State Parks; and for other purposes.

WHEREAS, the State of Georgia is the owner of certain property in Rabun County, Georgia; and

WHEREAS, the Georgia Department of State Parks is presently utilizing said real property as Black Rock Mountain State Park; and

WHEREAS, the Georgia Department of State Parks desires to ac quire 3.8 acres, more or less, of real property presently owned by Mrs. Jane T. Williams, Mr. John M. Haddock, Jr., and Mrs. Nesbet Grizzard for expansion of Black Rock Mountain State Park; and

WHEREAS, said parties to wit: Mrs. Jane T. Williams, Mr. John M. Haddock, Jr., and Mrs. Nesbet Grizzard, desire to grant to the State of Georgia said 3.8 acres, more or less, in fee simple; and

WHEREAS, as consideration for the conveyance of said property, said parties desire to acquire the right to appropriate from said Black Rock Mountain State Park sufficient water to supply their personal household needs; and
WHEREAS, said amount of water would not interfere with the public use of Black Rock Mountain State Park; and

WHEREAS, the expansion of Black Rock Mountain State Park by the acquisition of said 3.8 acres, more or less, of property would benefit all of the citizens of Georgia:

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Governor, acting for and on behalf of the State of Georgia, be authorized to execute appropriate instru ments with Mrs. Jane T. Williams, Mr. John M. Haddock, Jr., and Mrs. Nesbet Grizzard, for the consideration hereinbefore stated to provide for them from said property in Black Rock Mountain State Park,
Rabun County, Georgia, for a period of fifty (50) years, sufficient water to satisfy their personal needs upon conveyance to the Georgia Department of State Parks of aforesaid 3.8 acres, more or less, of real property.

On the adoption of the substitute, the ayes were 33, nays 0, and the sub stitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

WEDNESDAY, FEBRUARY 16, 1966

1217

On the adoption of the resolution, the ayes were 32, nays 0.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

SB 221. By Senators McGill of the 24th, Lee of the 47th, Foster of the 21st and others:
A bill to amend an act known as the "Minimum Foundation Program of Education Act", as amended, so as to provide that certain funds appropriated to the State Department of Education or the State Board of Education may be used to replace or modernize school capital facili ties; and for other purposes.

The Committee on Educational Matters offered the following substitute:
A BILL
To be entitled an act to amend an act known as the "Minimum Foundation Program of Education Act", approved January 24, 1964 (Ga. Laws 1964, p. 3), as amended, so as to provide that certain funds appropriated to the State Department of Education or the State Board of Education may be used to replace or modernize school capital facilities constructed for forty-five (45) years or more in certain local units of administration; to provide that the State Board of Education shall be authorized to allot capital outlay funds to or on behalf of county local units of administration for the purpose of replacing or modernizing school capital facilities constructed for forty-five (45) years or more in certain local units of administration; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An act known as the "Minimum Foundation Program of Education Act", approved January 24, 1964 (Ga. Laws 1964, p. 3), as amended, is hereby amended by adding a new paragraph at the end of Section 24, to read as follows:
"Notwithstanding any provisions of this Act or any other law, the State Department of Education or the State Board of Education shall be authorized to use capital outlay funds appropriated to such Department or Board for the purpose of replacing or moderniz ing capital facilities as defined in this section constructed for forty-five (45) years or more in any county local unit of administra tion. The State Department of Education or the State Board of Education shall be authorized to allot capital outlay funds to county local units of administration for the purpose of modernizing or replacing capital facilities constructed forty-five (45) years or

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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 30, nays 0, and the sub stitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the ayes were 32, nays 0.

The bill, having received the requisite constitutional majority, v/as passed by substitute.
SR 83. By Senators Lee of the 47th and Loggins of the 53rd: A resolution authorizing the disposal of that tract of land on which is presently located the Governor's mansion; and for other purposes.

Senator Smalley of the 28th offered the following amendment: Amend SR 83 by striking the last paragraph therefrom in its
entirety.
On the adoption of the amendment, the ayes were 30, nays 2, and the amendment was adopted.
The report of the committee, which was favorable to the 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.
SR 14. By Senator Kidd of the 25th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the filling of the office of the Governor and for the succession to the office of the Governor in the event the Governor-Elect dies, becomes disqualified or for any reason is unable to assume the executive power;

WEDNESDAY, FEBRUARY 16, 1966

1219

to provide for the filling of a vacancy in the office of the Lieutenant Governor; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article V, Section I, Paragraph VII of the Constitution, relating to the office of Lieutenant Governor, is hereby amended by adding at the end thereof the following:

"In the event the person who has been elected Governor shall die, become disqualified or for any reason be unable to assume the executive power prior to the time that such person qualifies as Governor, the person who was elected Lieutenant Governor shall, upon qualifying as Lieutenant Governor, exercise the executive power and receive the compensation of the Governor until the next general election of the members of the General Assembly, at which time a successor to the Governor shall be elected for the unexpired term.
"In the event the person who has been elected Governor and the person who has been elected Lieutenant Governor shall die, become disqualified or for any reason be unable to assume the executive power prior to the time that such persons qualify as Governor and Lieutenant Governor, respectively, The Speaker of the House of Representatives elected at the first regular Session of the General Assembly, convened on or after January first follow ing the election of the Governor and Lieutenant Governor, shall exercise the executive power and receive the compensation of the Governor until the election and qualification of a Governor at a special election, which shall be held within sixty (60) days from the date on which the Speaker of the House of Representatives shall assume the executive power.
"In the event that the Speaker of the House of Representatives shall be disqualified or for any reason be unable to assume the executive power, or shall assume the executive power, or shall assume the executive power under any portion of this Paragraph of the Constitution and shall thereafter die, resign or become dis qualified, the line of succession to the executive power shall be among the following Constitutional State House officers in the order named: (1) Secretary of State; (2) State Treasurer; (3) Comptroller General; (4) Attorney General; (5) State School Super intendent; (6) Commissioner of Agriculture; (7) Chairman of the Georgia Public Service Commission; (8) other members of the Georgia Public Service Commission with preference being given to the senior member in point of service qualified to exercise the executive power; (9) Commissioner of Labor. Exercise of the executive power by the officers aforementioned shall be only until the election and qualification of a Governor at a special election as aforementioned.
"In the event of a vacancy in the office of Lieutenant Governor, a special election shall be called by the Governor, or person exercis ing the executive power, to be held within sixty (60) days after the vacancy occurs, to fill the unexpired term; provided, however,

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JOURNAL OF THE SENATE,

that in the event such unexpired term is for less than six (6) months, the President pro-tern of the Senate shall assume the duties of the Lieutenant Governor."

Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as 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 provide for the filling of the office of the Governor and for the
NO ( ) succession to the office of the Governor in the event the Governor-Elect dies, becomes disqualified or for any reason is unable to assume the executive power and to provide for the filling of a vacancy in the office of the Lieutenant Governor?"

All persons desiring to vote in favor of ratifiying 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.

Senator Spinks of the 9th offered the following substitute:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the filling of the office of the Governor and for the succession to the office of the Governor in the event the Governor-Elect dies, becomes disqualified or for any reason is unable to assume the executive power; to provide for the filling of a vacancy in the office of the Lieutenant Governor; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article V, Section I, Paragraph VII of the Constitution is hereby amended by adding at the end thereof the following:

WEDNESDAY, FEBRUARY 16, 1966

1221

"In the event the person who has been elected Governor shall die, become disqualified or for any reason be unable to assume the executive power prior to the time that such person qualifies as Governor, the person who was elected Lieutenant Governor shall, upon qualifying as Lieutenant Governor, exercise the executive power and receive the compensation of the executive power and receive the compensation of the Governor until the next general election of the members of the General Assembly, at which time a successor to the Governor shall be elected for the unexpired term.

"In the event the person who has been elected Governor and the person who has been elected Lieutenant Governor shall die, become disqualified or for any reason be unable to assume the ex ecutive power prior to the time that such persons qualify as Governor and Lieutenant Governor, respectively, the Speaker of the House of Representatives elected at the first regular Session of the General Assembly, convened on or after January first following the election of the Governor and Lieutenant Governor, shall exercise the execu tive power and receive the compensation of the Governor until the election and qualification of a Governor at a special election, which shall be held within sixty (60) days from the date on which the Speaker of the House of Representatives shall assume the executive power.
"In the event the person elected as Speaker of the House of Representatives as provided herein shall die, become disqualified or for any reason be unable to assume the executive power or shall assume the executive power and thereafter die, resign or become disqualified, the President Pro-Tern of the Senate elected at the first regular Session of the General Assembly following the election of the Governor and Lieutenant Governor, shall exercise the executive power and receive the compensation of the Governor until the elec tion and qualification of a Governor at a special election, which shall be held within sixty (60) days from the date on which the President Pro-Tern shall assume the executive power.

"In the event that the President Pro-Tern of the Senate shall be disqualified or for any reason be unable to assume the executive power, or shall assume the executive power under any portion of this Paragraph of the Constitution and shall thereafter die, resign or become disqualified, the line of succession to the executive power shall be among the following Constitutional State House officers in the order named: (1) Secretary of State; (2) State Treasurer; (3) Comptroller General; (4) Attorney General; (5) State School Superintendent; (6) Commissioner of Agriculture; (7) Chairman of the Georgia Public Service Commission; (8) other members of the Georgia Public Service Commission with preference being given to the senior member in point of service qualified to exercise the executive power; (9) Commissioner of Labor. Exercise of the execu tive power by the officers aforementioned shall be only until the election and qualification of a Governor at a special election as aforementioned.
"In the event of a vacancy in the office of Lieutenant Governor, a special election shall be called by the Governor, or person exercis-

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JOURNAL OF THE SENATE,

ing the executive power, to be held within sixty (60) days after the vacancy occurs, to fill the unexpired term; provided, however, that in the event such unexpired term is for less than six (6) months, the President Pro-Tern of the Senate shall assume the duties of the Lieutenant Governor unless the President Pro-Tern shall have assumed the executive power, in which event a special election shall be called by the person exercising the executive power, to be held within sixty (60) days after the vacancy occurs, to fill the unexpired term."

Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to provide for the filling of the office of the Governor and for
NO ( ) the succession to the office of the Governor in the event the Governor-Elect dies, becomes disqualified or for any reason is unable to assume the executive power and to provide for the filling of a vacancy in the office of the Lieutenant Governor?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying 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 by substitute.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun Carter Coggin

Dean Downing Edenfield

Eldridge Fincher of 54th Flowers

WEDNESDAY, FEBRUARY 16, 1966

1223

Foster Gayner Gillis Gregory Hall Hill Holley Jackson Johnson of 38th Kidd

Kilpatrick Loggins Maclntyre Miller Moore McKenzie Noble Padgett Pennington Plunkett

Rowan Searcey Smalley Smith Spinks Thompson Tribble Ward Wesberry Young

Those voting in the negative were Senators: Johnson of 42nd and Webb.

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 39, nays 2.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted by substitute.
HB 336. By Messrs. Wells of the 30th, Moore of the 20th, Matthews of the 29th and others:
A bill to amend Code section 26-2603, relating to the larceny of certain motor vehicles, so as to provide for a new definition of motor vehicles covered under the provisions of this act; to provide that the theft of parts of these vehicles shall also be a crime; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 3.

The bill, having received the requisite constitutional majority, was passed.

Senator Yancey of the 33rd gave notice that at the proper time he would move that the Senate reconsider its action on HB 336.

HB 337. By Mr. Jones of the 76th:
A bill to amend Code section 92- 2406, relating to taxation of shares of banks and banking associations organized under authority of this State or the United States, so as to provide for the proper calculation of the market value of the shares as the capital, surplus and undivided profits; and for other purposes.

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JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following communication by Senator Dean of the 6th was read by the secretary:

Mr. President:

THE STATE SENATE Senate Chamber Atlanta February 16, 1966

I ask unanimous consent that due to my illness on yesterday after noon, and being under the care of a physician, that the Secretary of the Senate be directed to let the Journal of the Senate show that I desired to vote "Aye" on all local constitutional amendments and all compensation cases that passed the Senate yesterday afternoon.

Senator Dean of the 6th

HB 4. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, Harris of the 118th and Steis of the 100th:
A bill to provide for the classification of motor vehicles as a separate and distinct class of tangible property for ad valorem tax purposes and to adopt a different rate, method of assessment, and dates of assessment for such property; to define the term motor vehicle; and for other purposes.

The Committee on Public Utilities and Transportation offered the following amendment:
Amend HB 4 as follows:
By inserting in Section 17 between the words "Commissioner" and "and" the following:
"or at such other time as the digest shall be required to be compiled",
so that when so amended Section 17 shall read as follows:
"Section 17. The value of all motor vehicles returned for taxation during the current calendar year shall be added to the regular digest at the time the same shall be transmitted to the

WEDNESDAY, FEBRUARY 16, 1966

1225

State Revenue Commissioner or at such other time as the digest shall be required to be compiled and the total thereof shall be the tax digest."

By renumbering Sections 18, 19 and 20 as Sections 19, 20 and 21, respectively, and by inserting following Section 17 a new Section 18 to read as follows:

"Section 18. Nothing contained within this Act shall be con strued so as to require the payment of an ad valorem tax prior to the purchase of a license tag for any motor vehicle which is not subject to ad valorem taxation within this state."

On the adoption of the amendment, the ayes were 31, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, Senator Padgett of the 23rd 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 Downing Fincher of 51st Flowers Gillis Gregory Holley Holloway

Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Loggins Maclntyre Miller Minish Moore McKenzie Noble Owens

Plunkett Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Wesberry Yancey Young

Those voting in the negative were Senators:

Dean Edenfield Eldridge

Foster Kidd McGill

Padgett Pennington Rowan

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JOURNAL OF THE SENATE,

By unanimous consent, verification of the roll call was dispensed with.

On the passage of the bill, the ayes were 38, nays 9.

The bill, having received the requisite constitutional majority, was passed as amended.
HB 5. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, Harris of the 118th and Steis of the 100th: A bill to amend an act pertaining to the registration and licensing of motor vehicles in the counties throughout the State, so as 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 43, nays 1.
The bill, having received the requisite constitutional majority, was passed.
HB 149. By Messrs. Smith of the 90th, Hale of the 1st, Melton of the 34th, Smith of the 54th and others: A bill to amend an act reorganizing the State Department of Law, so as to provide for the appointment, employment and removal of assistant attorneys general, deputy assistant attorneys general, law assistants, and other employees; and for other purposes.
The Committee on Rules offered the following amendment:
Amend HB 149 by striking from the caption the following words, to wit:
"To provide for authority of the Attorney General relative to certain actions".
By stricking from Section 2 the sentence which reads:
"The Attorney General shall fix the compensation of all As sistant Attorneys General, Deputy Assistant Attorneys General, Law Assistants, and other employees of the Department of Law except that those employees under the Merit System shall be com pensated in accordance with the laws and rules and regulations of said system."

WEDNESDAY, FEBRUARY 16, 1966

1227

and inserting in lieu thereof the following:

"The compensation of all Assistant Attorneys General, Deputy Assistant Attorneys General, Law Assistants and other employees of the Department of Law shall be established by the appointing authority, except that those employees under the Merit System shall be compensaed according to the laws and rules and regulations of said System. The Assistant Attorneys General appointed by the Governor shall not be compensated at a rate in excess of the highest rate of compensation established by the Attorney General for the Assistant Attorneys General appointed by him."

so that when amended Section 2 of said Bill shall read as follows:

"Section 2
Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to reads as follows:
" 'Section 3. All Assistant Attorneys General, Deputy Assist ant Attorneys General, and Law Assistants shall be appointed by the Attorney General for such periods of time as he deems advisable except that two Assistant Attorneys General may be appointed by the Governor for such periods of time as he deems advisable to serve the Governor as his special attorneys. The compensation of all As sistant Attorneys General, Deputy Assistant Attorneys General, Law Assistants and other employees of the Department of Law shall be established by the appointing authority, except that those employees under the Merit System shall be compensated according to the laws and rules and regulations of said system. The Assistant Attorneys General appointed by the Governor shall not be compensated at a rate in excess of the highest rate of compensation established by the Attorney General for the Assistant Attorneys General appointed by him. Any Assistant Attorney General, Deputy Assistant At torney General, Law Assistant or other employee not under the Merit System may be removed by the appointing authority.' "

By striking Section 4 in its entirety.

By renumbering Section 5 as Section 4.

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 46, nays 0.

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JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed as amended.

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House to-wit:

HR 262. By Messrs. Clarke of the 45th and Chandler of the 47th:
A resolution authorizing the disposal of that tract of land on which is presently located the Governor's Mansion; and for other purposes.

HR 348. By Mr. Hawkins of the 139th:
A resolution authorizing the transfer of certain real property located in Fulton County, Georgia; and for other purposes.

HR 166. By Messrs. Richardson of the 116th, Smith of the 3rd, and Jones of the 109th:
A resolution proposing an amendment to the Constitution so as to provide that a person shall be entitled to register and vote at any elec tion if he has resided in this State at least 180 days, and in the county or municipality at least 90 days next preceding the election in which he offers to vote; and for other purposes.

HR 346. By Mr. Matthews of the 94th: A resolution proposing an amendment to the Constitution so as to au thorize State taxation for school lunch purposes; and for other purposes.
HR 301. By Mr. Lambert of the 38th: A resolution creating an interim study committee on traffic safety; and for other purposes.
The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House to-wit:

WEDNESDAY, FEBRUARY 16, 1966

1229

HB 568. By Mr. Cook of the 123rd. and many others:
A bill to grant to municipalities of this State having a population of more than 300,000 certain basic powers, including certain powers to require the repair, closing or demolition of certain dwellings, buildings or structures; and for other purposes.

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House to-wit:

HB 123. By Messrs. Odom, Busbee and Lee of the 79th:
A bill to amend an act creating the office of Judge of the Superior Courts, Emeritus, so as to provide a limitation on the amount of funds which may be received by such Judges; and for other purposes.

HB 752. By Messrs. Etheridge of the 123rd, Gates of the 123rd, and others:
A bill to amend an act making it unlawful for any person to employ a minor where alcoholic beverages of any kind are sold in counties hav ing a population of more than 500,000, and for other purposes.

HB 530. By Messrs. Oglesby and Russell of the 92nd; A bill to amend an act relating to the State Game and Fish Commission, so as to provide for the purchase of uniforms for employees; and for other purposes.
HR 347. By Mr. Smith of the 90th: A resolution authorizing the conveyance of a certain tract of stateowned property to Grady County; and for other purposes.

HB 475. By Messrs. Overby, Williams, and Wood of the 16th:
A bill to add one additional Judge of the Superior Court for the North eastern Judicial Circuit of Georgia, so as to provide for two judges in said county; and for other purposes.

HR 323. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th and Harris of the 118th:
A resolution to compensate Mr. Wilbur G. Kurtz, Sr.; and for other purposes.

1230

JOURNAL OF THE SENATE,

The following bills and resolutions were introduced, read the first time, and referred to committees:

HB 123. By Messrs. Odom, Busbee and Lee of the 79th:
A bill to amend an act creating the office of Judge of the Superior Courts, Emeritus, so as to provide a limitation on the amount of funds which may be received by such Judges; and for other purposes.
Referred to Committee on Rules.

HB 475. By Messrs. Overby, Williams, and Wood of the 16th:
A bill to add one additional Judge of the Superior Court for the North eastern Judicial Circuit of Georgia, so as to provide for two judges in said court; and for other purposes.
Referred to Committee on Judiciary.

HB 530. By Messrs. Oglesby and Russell of the 92nd:
A bill to amend an act relating to the State Game and Fish Com mission, so as to provide for the purchase of uniforms for employees; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HB 752. By Messrs. Etheridge of the 123rd, Gates of the 123rd, and others:
A bill to amend an act making it unlawful for any person to employ a minor where alcoholic beverages of any kind are sold in counties hav ing a population of more than 500,000. and for other purposes.
Referred to Committee on Temperance.

HR 323. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th, and Harris of the 118th:
A resolution to compensate Mr. Wilbur G. Kurtz, Sr.; and for other purposes.
Referred to Committee on Appropriations.

HR 347. By Mr. Smith of the 90th: A resolution authorizing the conveyance of a certain tract of stateowned property to Grady County; and for other purposes.
Referred to Committee on Rules.

WEDNESDAY, FEBRUARY 16, 1966

1231

HB 766. By Mr. Barber of Jackson:
A bill incorporating the City of Jefferson, so as to provide for annexa tion and provide for a referendum; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 789. By Messrs. Bennett, Barfield and Sullivan of the 95th:
A bill to amend an act establishing the City Court of Valdosta in and for the County of Lowndes, so as to change the compensation of the solicitor of said court; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 166. By Messrs. Richardson of the 116th, Smith of the 3rd and Jones of the 109th:
A resolution proposing an amendment to the Constitution so as to provide that a person shall be entitled to register and vote at any election if he has resided in this State at least 180 days, and in the county or munici pality at least 90 days next preceding the election in which he offers to vote; and for other purposes.
Referred to Committee on Rules.

HR 262. By Messrs. Clarke of the 45th and Chandler of the 47th:
A resolution authorizing the disposal of that tract of land on which is presently located the Governor's Mansion; and for other purposes.
Referred to Committee on Rules.

HR 301. By Mr. Lambert of the 38th:
A resolution creating an interim study committee on traffic safety; and for other purposes.
Referred to Committee on Rules.

HR 346. By Mr. Matthews of the 94th:
A resolution proposing an amendment to the Constitution so as to authorize State taxation for school lunch purposes; and other purposes.
Referred to Committee on Rules.

HR 348. By Mr. Hawkins of the 139th:
A resolution authorizing the transfer of certain real property located in Fulton County, Georgia; and for other purposes.
Referred to Committee on Rules.

1232

JOURNAL OP THE SENATE,

HB 568. By Mr. Cook of the 123rd, Mrs. Hamilton of the 137th, Messrs. Carries of the 129th, Hood of the 124th and others:
A bill to grant to municipalities of this State having a population of more than 300,000 certain basic powers, including certain powers to require the repair, closing or demolition of certain dwellings, buildings or structures; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 345. By Messrs. Story and Watson of the 22nd:
A resolution proposing an amendment to the Constitution so as to empower the clerk of the Superior Court of Gwinnett County to issue criminal warrants; and for other purposes.
Referred to Committee on County and Municipal Governments.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 68. By Messrs. Steis of the 100th, Jones of the 76th, Minge and Starnes of the 13th, Fulford of the 67th and others:
A bill to amend an act relating to Supreme Court and judges of the Court of Appeals, so as to change the salaries of the Justices of the Supreme Court and the judges of the Court of Appeals; and for other purposes.

Senator Gayner of the 5th 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 the following:

Senators Holley of the 22nd, Gayner of the 5th and Ballew of the 50th.

HR 157. By Messrs. Chandler and Harrington of the 47th: A resolution conveying a certain lot, tract or parcel of land within the 320th Militia District of Baldwin County, Georgia to the Wardens and vestry of St. Stephen's Church, Milledgeville, 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 president called for the ayes and nays, and the vote was as follows:

WEDNESDAY, FEBRUARY 16, 1966

1233

Those voting in the affirmative were Senators:

Adams Ballew Bateman Coggin Dean Downing Edenfield Eldridge Fincher of 51st Fincher of 54th Foster Gayner Gillis

Gregory Hill Holloway Johnson of 38th Kilpatrick ' Lee Maclntyre Minish Moore McGill McKenzie Noble Owens

Padgett Pennington Plunkett Rowan 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 39, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HR 158. By Messrs. Chandler and Harrington of the 47th:
A resolution authorizing the conveyance of all that certain lot, tract, parcel of land containing 2.82 acres together with any and all permanent improvements located thereon or connected therewith lying and being in the corporate limits of the City of Milledgeville within the 320th Militia District of Baldwin County, Georgia, to the Board of Trustees of the Georgia Military College; 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 president called for the ayes and nays, and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Ballew Bateman Coggin Dean Downing

Edenfield Eldridge Fincher of 51st Fincher of 54th Foster Gayner

Gillis Gregory Hill Holloway Johnson of 38th Kilpatrick

1234
Lee Maclntyre Minish Moore McGill McKenzie Noble

JOURNAL OF THE SENATE,

Owens Padgett Pennington Plunkett Kowan 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 39, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HB 134. By Messrs. Lane and Nessmith of the 64th, Parker of the 55th, Newton of the 50th and Webb of the 65th:
A bill to amend an act relating to the creation of the office of solicitorgeneral 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.
The Committee on Retirement offered the following amendment:
Amend HB 134 in Section 1 so that the quoted proviso to be added at the end of Section 9 of the Act being amended reads as follows:
"Provided further, however, that in computing years of service as a solicitor general for any purpose under this Act, any time served by a solicitor general as a judge of any city court from which appeals can be taken direct to the Court of Appeals of this State may be counted in computing the number of years of service required of any solicitor general if he shall pay into the retirement fund the maximum payment provided by this Act for each year of service actually served as such a judge, plus interest on each such payment at the rate of 6% per annum, such payment to be made within six months after the approval of this Act, or within six months after taking office as a solicitor general, whichever is later in point of time, except that any solicitor general claiming any credit for service as such a judge as authorized by this proviso shall not be entitled to any retirement benefits from the retirement fund under this Act until he has reached the age of 60 years, but this exception shall not otherwise affect the eligibility of such solicitor general to become solicitor general emeritus prior to reaching the age of 60."

WEDNESDAY, FEBRUARY 16, 1966

1235

On the adoption of the amendment, the ayes were 41, nays 2, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 40, nays 5.

The bill, having received the requisite constitutional majority, was passed as amended.
Senator Johnson of the 42nd asked unanimous consent that he be recorded as voting "no".
The consent was granted.

Senator Miller of the 43rd asked unanimous consent that the following bill of the Senate be reconsidered:

SB 50. By Senators Wesberry of the 37th, Johnson of the 38th and Maclntyre of the 40th:
A bill to grant to the incorporated municipalities of this State certain basic powers, including certain powers to require the repair, closing or demolition of certain dwellings, buildings or structures; to define certain terms whenever used or referred to in this article; to provide for the execution of said act by ordinance; and for other purposes.

The consent was granted.
HB 255. By Messrs. Lowrey of the 13th, Lewis of the 50th, Brackin of the 87th and others: A bill to create within the Department of Agriculture of the State of Georgia a division to be known as the State Institutional Farms Division; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.

The bill, having received the requisite constitutional majority, was passed

1236

JOURNAL OF THE SENATE,

HR 124. By Mr. Underwood of the 61st:
A resolution authorizing the Governor to execute a permanent easement on behalf of the State of Georgia over certain property located in Little Ocmulgee State Park to the Commissioners of Roads and Revenues of Wheeler County, to be used in connection with the Telfair-Wheeler Airport; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 34, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
The following local bill, favorable reported by the committee, was read the third time, and put upon its passage:

SB 50. By Senators Wesberry of the 37th, Johnson of the 38th and Maclntyre of the 40th:
A bill to grant to the incorporated municipalities of this State certain basic powers, including certain powers to require the repair, closing or demolition of certain dwellings, buildings or structures; to define certain terms whenever used or referred to in this article; to provide for the execution of said act by ordinance; and for other purposes.

The substitute adopted February 12th, and reconsidered, was adopted.

Senator Miller of the 43rd offered the following amendment to the substitute:
Amend Substitute to SB 50 in the following manner:
By striking the words "repaired, altered or improved or to be" which are situated between the words "be" and "vacated" in the first sentence of paragraph 4 of Section 4.
By further striking the words "alter, repair" which are situated between the words "to" and "remove" and by striking the words "altered, repaired" which are situated between the words "be" and "removed", all being in the first sentence of paragraph 5 of Section 4.
By further striking the words "repairs, alterations or improvements or" which are situated between the words "of" and "vacating" and by

WEDNESDAY, FEBRUARY 16, 1966

1237

further striking the words "repair, alteration and" which are situated between the words "of" and "demolition", all being in the first sentence of paragraph 6 of Section 4.

By further striking paragraph 7 of Section 4 in its entirety and inserting in lieu thereof the following:

"(7) Municipal corporations may enforce the collection of any amount due on such lien for removal or demolition of dwellings, build ings or structures only in the following manner:

"a. The owner and/or parties at interest shall be allowed to satisfy the amount due on such lien by paying to the municipal corporation, within thirty (30) days after the perfection of said lien, a sum of money equal to twenty-five (25%) per cent of the total amount due and by further paying to said municipal corpora tion the remaining balance due on such lien, together with interest at the rate of seven (7%) per cent per annum, in three (3) equal annual payments, each of which shall become due and payable on the anniversary date of the initial payment made as hereinbefore prescribed.

"b. Should the property, upon which such lien is perfected, be sold, transferred or conveyed by the owner and/or parties at interest at any time prior to the termination of the said three (3) year period, then the entire balance due on such lien shall be due and payable to the municipal corporation.

"c. Should the amount due on such lien, or any portion there of, be unpaid after the passage of said three (3) year period, or upon the occurrence of the contingency provided for in sub-para graph b herein-above, the municipal corporation may enforce the collection of any amount due on such lien for alteration, repair, re moval or demolition of dwellings, buildings or structures in the same manner as provided in Georgia Laws 1884-85, page 148 (Ga. Code 92-4201) and other applicable State statutes. This procedure shall be subject to the right of redemption by any person having any right, title or interest in or lien upon said property, all as provided by Georgia Laws 1935, page 466 (Ga. Code 92-4402) and Georgia Laws 1937, page 491, 492 (Ga. Code 92-8301 et seq)."

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 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.

1238

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 by substitute as amended.

Senator Hill of the 29th, Chairman of the Committee on Senate Administra tive Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as Chair man, to report the same back to the Senate as correct and ready for transmission to the House of Representatives.
SB 169. SB 202. SB 204. SB 206. SB 210. SB 212. SB 221. SB 229. SB 231. SB 238. SB 239. SR 14. SR 24. SR 39. SR 47. SR 61. SR 66. SR 67. SR 74. SR 79. SR 81.

SR 83. SR 87.

WEDNESDAY, FEBRUARY 16, 1966

1239

Respectfully submitted, Hill of the 29th District, Chairman.

Senator Hill of the 29th, Chairman of the Committee on Administrative Af fairs, 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 94. SB 55.
Respectfully submitted, Hill of the 29th District, Chairman.
HB 83. By Mr. Alexander of the 133rd: A bill to provide that certain persons accused of crimes, with their consent, be put on probation after the finding but before an adjudication of their guilt; and for other purposes.

Senator Broun of the 46th moved that HB 83 be postponed until February 17, 1966.
On the motion to postpone, the ayes were 35, nays 0, and the motion prevailed.

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.

1240

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia, Thursday, February 17, 1966.

The Senate met pursuant to adjournment at 10:30 o'clock this morning, and was called to order by the president.

Scripture reading was offered by the Reverend Raymond Harvey, pastor, Floyd County Missionary, Rome, Georgia.

Prayer was offered by the Reverend Stanley Morris, pastor, New Armuchee Church, Armuchee, Georgia.

The roll was called, and the following senators answered to their names

Adams Ballew Bateman Broun Carter Coggin Dean Edenfield Eldridge Fincher of 51st Flowers Foster Gillis Gregory Hall Hill

Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatriek Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie Noble

Owens Padgett Plunkett Rowan Sanders Searcey Smalley Smith S pinks Thompson Tribble Ward Webb Yancey Young

Senator Gregory of the 15th reported that the journal of yesterday's pro ceedings had been read and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator 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.

THURSDAY, FEBRUARY 17, 1966

1241

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, in such order as the presiding officer may in his discretion choose.

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 substitute by the requisite constitutional majority the following bill of the Senate to-wit:

SB 236. By Senators Holley of the 22nd and Padgett of the 23rd:
A bill to amend an act establishing and creating a municipal court in and for the City of Augusta, as amended; and for other purposes.

The House has passed as amended the following bills of the Senate to-wit:

SB 25. By Senators Broun of the 46th, Kilpatrick of the 44th, Hill of the 29th and others:
A bill to provide for the submission of certain information to the Department of Public Safety, Bureau of Investigation; and for other purposes.

SB 46. By Senators Kendrick of the 32nd and Coggin of the 35th:
A bill to amend an act regulating the occupation of cosmetology and creating the Georgia State Board of Cosmetology, so as to include within the definition of the terms cosmetologist and beautician those persons who perform certain services on the hair of deceased persons and wigs; and for other purposes.

SB 88. By Senators Holley of the 22nd, Kidd of the 25th and Noble of the 19th and others:
A bill to provide for the incorporation of regulated certificated banks; and for other purposes.

1242

JOURNAL OF THE SENATE,

SB 89. By Senator Holley of the 22nd:
A bill to amend Code Section 13-204 relating to private banks or private bankers, as amended; and for other purposes.

The House has passed by the requisite constitutional majority the following bill of the Senate to-wit:
SB 117. By Senator Kidd of the 25th: A bill to abolish the present mode of compensating the sheriff of Bald win County, known as the fee system; and for other purposes.

The House disagrees to the Senate amendments to the following bills of the House to-wit:
HB TO.By Mr. Rush of the 75th: A bill to abolish the present mode of compensating the Clerk of Superior Court of Tattnall County, known as the fee system; and for other pur poses.
HB 129. By Mr. Rush of the 75th: A bill to amend an act establishing the City Court of Reidsville, so as to change the method of compensating the solicitor, clerk and the sheriff of said court; and for other purposes.
The House has adopted the Conference Committee report on the following bill of the House to-wit:
HB 86. By Messrs. Cook of the 123rd, Carnes of the 129th, Dillon of the 128th, Brown of the 120th, and others: A bill to amend an act establishing a new charter for the City of At lanta, so as to extend the corporate limits; and for other purposes.

The House agrees to the Senate amendments to the following resolutions of the House to-wit:
HR 164. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thompson of the 110th, Shields and Thompson of the lllth:
A resolution proposing an amendment to the Constitution so as to create a body corporate and politic and an instrumentality of the State of Geor gia to be known as the Columbus and Muscogee County Building Com mission; and for other purposes.

THURSDAY, FEBRUARY 17, 1966

1243

HR 205. By Messrs. Williams, Wood and Overby of the 16th:
A resolution proposing an amendment to the Constitution, so as to provide that the county school superintendent of Hall County shall be appointed by the Board of Education of Hall County; and for other purposes.

HR 200. By Messrs. Harris, Farrar, Walling and Levitas of the 118th, Palmer, Malone, Carley and Vaughn of the 117th, Westlake, Evensen, Bean and Higginbotham of the 119th: A resolution proposing an amendment to the Constitution so as to authorize the Board of Commissioners of Roads and Revenues of DeKalb County to provide systems of garbage disposal; and for other purposes.
HR 42. By Mr. Johnson of the 25th:
A resolution proposing an amendment to the Constitution so as to create the Elbert County Development Authority; and for other pur poses.
Pursuant to your request I have been instructed by the House to return the following bill of the House to the Senate for correction.

HB 525.By Messrs. Howard of the 101st, Henderson and Wilson of the 102nd:
A bill providing for a new charter for the City of Marietta so as to change the corporate limits of said city; and for other purposes.

The following bill was introduced, read the first time, and referred to committee:
SR 115. By Senator Dean of the 6th: A resolution proposing an amendment to the Constitution so as to increase the homestead exemption; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Rules.

The following resolution was read and adopted:

SR 116. By Senators Hall of the 52nd and Loggins of the 53rd:
A resolution commending Reverend E. Stanley Morris; and for other purposes.

1244

JOURNAL OF THE SENATE,

The following bills and resolutions were read the second time:

HB 123. By Messrs. Odom, Busbee and Lee of the 79th:
A bill to amend an act creating the office of Judge of the Superior Courts, Emeritus, so as to provide a limitation on the amount of funds which may be received by such Judges; and for other purposes.

HB 475. By Messrs. Overby, Williams, and Wood of the 16th:
A bill to add one additional Judge of the Superior Court for the Northeastern Judicial Circuit of Georgia, so as to provide for two judges in said court; and for other purposes.

HB 530. By Messrs. Oglesby and Russell of the 92nd: A bill to amend an act relating to the State Game and Fish Commission, so as to provide for the purchase of uniforms for employees; and for other purposes.
HB 752. By Messrs. Etheridge of the 123rd, Gates of the 123rd, and others: A bill to amend an act making it unlawful for any person to employ a minor where alcoholic beverages of any kind are sold in counties having a population of more than 500,000, and for other purposes.

HR 323. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th, and Harris of the 118th:
A resolution to compensate Mr. Wilbur G. Kurtz, Sr.; and for other purposes.

HR 347. By Mr. Smith of the 90th:
A resolution authorizing the conveyance of a certain tract of stateowned property to Grady County; and for other purposes.

HB 766. By Mr. Barber of Jackson:
A bill incorporating the City of Jefferson, so as to provide for annexa tion and provide for a referendum; and for other purposes.

HB 789. By Messrs. Bennett, Barfield and Sullivan of the 95th:
A bill to amend an act establishing the City Court of Valdosta in and for the County of Lowndes, so as to change the compensation of the solicitor of said court; and for other purposes.

THURSDAY, FEBRUARY 17, 1966

1245

HR 166. By Messrs. Richardson of the 116th, Smith of the 3rd and Jones of the 109th:
A resolution proposing an amendment to the Constitution so as to provide that a person shall be entitled to register and vote at any election if he has resided in this State at least 180 days, and in the county or municipality at least 90 days next preceding the election in which he offers to vote; and for other purposes.

HR 262. By Messrs. Clarke of the 45th and Chandler of the 47th: A resolution authorizing the disposal of that tract of land on which is presently located the Governor's Mansion; and for other purposes.
HR 301. By Mr. Lambert of the 38th: A resolution creating an interim study committee on traffic safety; and for other purposes.
HR 346. By Mr. Matthews of the 94th: A resolution proposing an amendment to the Constitution so as to authorize State taxation for school lunch purposes; and for other purposes.
HR 348. By Mr. Hawkins of the 139th: A resolution authorizing the transfer of certain real property located in Fulton County, Georgia; and for other purposes.

HB 568. By Mr. Cook of the 123rd, Mrs. Hamilton of the 137th, Messrs. Games of the 129th, Hood of the 124th and others:
A bill to grant to municipalities of this State having a population of more than 300,000 certain basic powers, including certain powers to require the repair, closing or demolition of certain dwellings, buildings or structures; and for other purposes.

HB 784. By Messrs. Matthews and Bedgood of the 29th:
A bill to amend an act approved August 24, 1872 entitled "An Act to amend the charter of the Town of Athens", so as to empower the Mayor and Council of the City of Athens to formulate and adopt building codes, housing codes, etc.; and for other purposes.

HB 785. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thompson of the 110th, Thompson and Shields of the lllth:
A bill to amend an act abolishing Justice Courts and the office of the Justice of the Peace and Notary Public ex-officio Justice of the Peace

1246

JOURNAL OF THE SENATE,

and to establish and create in lieu thereof a Municipal Court in and for the City of Columbus and County of Muscogee, so as to change the compensation of the marshal of the Municipal Court of Columbus, Muscogee County; and for other purposes.

HB 787. By Messrs. Peterson and Stalnaker of the 59th:
A bill to amend an act incorporating the City of Warner Robins, so as to establish a Civil Service Board for said city; and for other purposes.

HB 788. By Messrs. Peterson and Stalnaker of the 59th:
A bill to amend an act incorporating the City of Centerville, so as to provide that a candidate must receive a majority of the votes to be elected to the office of mayor or councilman; and for other purposes.

HR 345. By Messrs. Story and Watson of the 22nd:
A resolution proposing an amendment to the Constitution so as to em power the Clerk of the Superior Court of Gwinnett County to issue criminal warrants; and for other purposes.
HB 779. By Messrs. Overby, Williams and Wood of the 16th:
A bill to amend an act placing the sheriff, the clerk of the superior court and clerk of the city court and the ordinary of Hall County on an annual salary in lieu of the fee system, so as to change the compensa tion of the sheriff, the clerk of the superior court and clerk of the city court and the ordinary of Hall County; and for other purposes.

HB 780. By Messrs. Overby, Williams and Wood of the 16th:
A bill to amend an act consolidating the office of Tax Collector of Hall County and the office of Tax Receiver of Hall County into the single office of Tax Commissioner of Hall County, so as to change the com pensation of the Tax Commissioner; and for other purposes.

HB 781. By Mr. Mixon of the 81st: A bill to amend an act establishing a new charter for the City of Sycamore, so as to change and enlarge the corporate limits of said City; and for other purposes.
HB 782. By Mr. Mixon of the 81st: A bill to consolidate the office of tax receiver and tax collector of Irwin County into the office of tax commissioner; and for other pur poses.

THURSDAY, FEBRUARY 17, 1966

1247

HB 783. By Mr. Clark of the 2nd:
A bill to amend an act creating and establishing a new Charter for the City of Ringgold in the County of Catoosa, so as to authorize the creation of a Board of Utility Commissioners for the City of Ringgold; and for other purposes.

HB 772. By Messrs. Newton and Matthews of the 94th:
A bill to amend an act creating a Board of Commissioners of Colquitt County, so as to provide a retirement system for certain personnel of the Board; and for other purposes.

HB 773. By Mr. Murphy of the 26th:
A bill to amend an act creating a new charter for the City of Bremen, so as to extend the corporate limits; and for other purposes.

HB 774. By Messrs. Peterson and Stalnaker of the 59th:
A bill to amend an act creating the City Court of Warner Robins, so as to change the number of preemptory challenges allowed in criminal cases; and for other purposes.

HB 775. By Mr. Byrd of the 28th:
A bill to amend an act placing the compensation of the clerk of the superior court, the ordinary and coroner of Walton County on a salary basis in lieu of a fee system, so as to change the compensation of the clerk of the superior court and the ordinary; and for other purposes.

HB 776. By Mr. Byrd of the 28th:
A bill to amend an act creating the office of tax commissioner of Walton County, so as to change the compensation of the Tax Commission er; and for other purposes.

HB 778. By Mr. Lewis of the 50th:
A bill to amend an act establishing the City Court of Waynesboro, so as to change the terms of said court; and for other purposes.

HB 759. By Messrs. Malone and Palmer of the 117th, Higginbotham, Westlake, Evensen and Bean of the 119th:
A bill to amend an act authorizing the establishment of a merit system in DeKalb County for employees and the creation of a Merit System Council so as to increase the membership of said Council from 3 to 5 members; and for other purposes.

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HB 768. By Messrs. Harris, Farrar, Walling and Levitas of the 118th, Malone, Palmer, Carley and Vaughn of the 117th:
A bill to amend an act fixing, prescribing and establishing compensation and/or salaries of the elective county officials of DeKalb County in cluding the ordinary, clerk of the superior court, sheriff and tax com missioner, so as to adjust certain compensation and year; and for other purposes.

HB 769. By Messrs. Etheridge of the 123rd, Gates of the 123rd, and others:
A bill to amend an act known as the "City of Atlanta and Fulton County Recreation Authority Act", so as to redefine "project"; to provide that the Authority shall have the right to contract for the use of or to lease or sell any or all of its facilities including real property, to any persons, firms or corporations whether public or private; and for other purposes.

HB 770. By Mr. Williams of the 16th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Hall County, so as to provide for a five member Board; to provide for Commissioner Districts; and for other purposes.

HB 771. By Mr. Lovell of the 6th:
A bill to provide for compensation for the Ordinary of White County; and for other purposes.

Mr. Carter of the 14th District Secretary of the Committee on Educational Matters submitted the following report:
Mr. President:
Your Committee on Educational Matters 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 46. Do Pass. Respectfully submitted, Carter of 14th District, Secretary.

Mr. Smalley of the 28th District Chairman of the Committee on Judiciary submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:

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1249

HB 33. Do Pass. HB 97. Do Pass. HB 146. Do Pass by Substitute. HB 165. Do Pass. HB 290. Do Pass by Substitute. HB 439. Do Pass. HR 28. Do Pass. HR 29. Do Pass. HB 36. Do Pass. HB 53. Do Pass as Amended. HB 264. Do Pass. HB 323. Do Pass by Substitute. HB 464. Do Pass. HB 557. Do Pass. HB 50. Do Pass. HB 243. Do Pass. HB 244. Do Pass as Amended. HB 307. Do Pass. HB 480. 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 House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 314. Do Pass. HB 346. Do Pass as Amended. HB 647. Do Pass.
Respectfully submitted, Johnson of 42nd District, Chairman.

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Mr. Eowan of the 8th District Secretary of the Committee on Rules sub mitted the following report:

Mr. President:

Your Committee on Rules has had under consideration the following bills and resolutions of the House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
HB 25. Do Pass. HR 285. Do Pass. HR 298. Do Pass by Substitute. HB 421. Do Pass. HB 300. Do Pass. HR 297. Do Pass. HR 299. Do Pass. HB 509. Do Not Pass. HR 149. Do Pass. HR 202. Do Pass.
Respectfully submitted,
Rowan of 8th District,
Secretary.

Senator Padgett of the 23rd asked unanimous consent that the following bill of the House be withdrawn from the Committee on Judiciary, and recommitted to the Committee on County and Municipal Governments:

HB 541. By Messrs. Fleming and Simkins of the 106th, Hull and Snellings of the 104th and others:
A bill to amend Code section 38-1501, relating to the attendance of witnesses and the fees thereof, so as to provide for the payment of fees to any member of any police force attending any court having a jurisdiction to enforce penal laws of this State; and for other purposes.

The consent was granted.

Senator Yancey of the 33rd moved that the Senate reconsider its action on the following bill of the House.

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HB 336. By Messrs. Wells of the 30th, Moore of the 20th, Matthews and Bedgood of the 29th and others:
A bill to amend Code section 26-2603, relating to the larceny of certain motor vehicles, so as to provide for a new definition of motor vehicles covered under the provisions of this act; to provide that the theft of parts of these vehicles shall also be a crime; and for other purposes.

On the motion to reconsider, Senator Yancey 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 Coggin Dean Edenfield Eldridge Holley

Johnson of 42nd Kendrick Miller Noble Padgett Plunkett Rowan

Sanders Searcey Spinks Tribble Ward Webb Yancey

Those voting in the negative were Senators:

Ballew Broun Fincher of 61st Flowers Gillis Gregory Hall

Hill Holloway Kilpatrick Lee Loggins Maclntyre Minish

Moore McGill McKenzie Pennington Young

By unanimous consent, verification of the roll call was dispensed with.

On the motion to reconsider, the ayes were 21, nays 19.

The motion prevailed, and HB 336 was placed on the calendar.

Senator Yancey of the 33rd moved that the Senate reconsider its action in passing the following bill of the House.

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HB 525. By Messrs. Howard and Wilson of the 101st, Henderson and Wilson of the 102nd:
A bill to amend an act providing for a new charter for the City of Marietta, so as to change the corporate limits of said city; and for other purposes.

On the motion to reconsider, the ayes were 28, nays 0, and the motion prevailed.
The following general bills and resolutions, favorably reported by the Com mittees, were read the third time, and put upon their passage:

HB 140. By Mr. Murphy of the 26th:
A bill to amend section 105-2012 of the Code of Georgia of 1933, which section provides for the right of contribution among several trespassers, so as to provide for the right of contribution where the several trespas sers, so as to provide for the right of contribution where the several trespassers are not jointly sued; and for other purposes.

The report 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 481. By Messrs. Vaughn of the 117th, Smith of the 54th, Blalock of the 33rd and others:
A bill to amend an act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt the sale of tangible personal property and services to certain private schools from the taxes imposed 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 35, nays 0.

The bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 17, 1966

1253

HB 525. By Messrs. Howard and Wilson of the 101st, Henderson and Wilson of the 102nd:
A bill to amend an act providing for a new charter for the City of Marietta, so as to change the corporate limits of said city; and for other purposes.

Senator Yancey of the 33rd offered the following amendment to the sub stitute to HB 525:
Amend House Bill 525, Section 5B by inserting in the first sentence after the words "to create, build, operate and maintain" the words "or lease." Amends the second sentence of Section 5B by inserting after the words "including the rights to buy and sell" the words "or lease," so that the entire Section will read as follows:
"The Board of Lights and Waterworks of the City of Marietta, Georgia, is hereby authorized to create, build, operate and maintain or lease television, radio and receiving towers, equipment and stations for the purpose of receiving and transmitting radio and television signals. The Board of Lights and Waterworks is hereby authorized to make all contracts necessary and incidental to the operation of the above service, including the right to buy and sell or lease all equipment necessary and incidental to the operation of said business, including cables, wire and any and all other technical and electronic devices necessary to maintain said service."

On the adoption of the amendment to the substitute, the ayes were 28, nays 0, and the amendment was adopted.
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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute as amended.
HR 9. By Mr. Jones of the 109th: A resolution releasing certain property belonging to Ernest Geone, Jr., from all fi. fas.; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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On the adoption of the resolution, the ayes were 29, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HB 83. By Mr. Alexander of the 133rd:
A bill to provide that certain persons accused of crimes, with their consent, be put on probation after the finding but before an adjudication of their guilt; and for other purposes.

Senate Rowan of the 8th moved that HB 83 be indefinitely postponed.

On the motion to postpone, the president called for the ayes and nays and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Ballew Bateman Dean Downing Edenfield Eldridge Pincher of 51st

Fincher of 54th Flowers Gillis Gregory Kilpatrick Loggins McGill McKenzie

Plunkett Rowan Searcey Smith Tribble Webb Young

Those voting in the negative were Senators:

Carter Coggin
Jackson Johnson of 42nd Johnson of 38th

Kendrick Kidd Lee Maclntyre Moore

Owens Padgett Smalley Thompson Ward

On the motion to postpone, the ayes were 23, nays 15.

The motion prevailed, and HB 83 was indefinitely postponed.

HB 202. By Messrs. Dollar of the 89th, Richardson of the 116th, Brinkley of the 112th and others:
A bill to amend an act creating the "Georgia Ports Authority", so as to change the membership comprising said authority; and for other pur poses.

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1255

The Committee on Rules offered the following substitute:

A BILL

To be entitled an act creating the "Georgia Ports Authority", as amended, particulraly by an act approved March 9, 1945 (Ga. Laws 1945, p. 464), particularly by an act approved February 1, 1955 (Ga. Laws 1955, p. 120), and an Act approved February 29, 1960 (Ga. Laws 1960, p. 150), so as to change the membership comprising said Author ity; to change the number of members required for a quorum; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An act creating the "Georgia Ports Authority", as amended, particularly by an act approved March 9, 1945 (Ga. Laws 1945, p. 464), particularly by an act approved February 1, 1955 (Ga. Laws 1955, p. 120), and an Act approved February 29, 1960 (Ga. Laws 1960, p. 150), is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:

"Section 2. Georgia Ports Authority. There is hereby created a body corporate and politic, to be known as the Georgia Ports Authority, which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style, and title the said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The Authority shall consist of seven members to be appointed by the Governor, one of whom shall be a resident of the First Congressional District as it is now con stituted and another from the Eighth Congressional District as it is now constituted, and the five other members shall be selected from the State at large. The Governor shall appoint the two mem bers added hereby, and they shall enter upon their duties as soon as possible "after their appointment, but no later than June 30, 1966. The Governor shall designate that the term of one new member shall expire on June 30, 1970, and the term of the other new member shall expire on June 30, 1969. Each of the successors to such new members, as well as successors to the present five members, shall be appointed for a term of four years, which term shall begin on the day following the expiration of the term of office of the member such person is appointed to succeed. Nothing herein shall affect the term of office of the five members presently serving, except that the term of office of each of them shall expire on June 30 of the year in which such term expires rather than July 1 of such year. Any member of the Authority shall be eligible for appointment. Any person appointed to fill a vacancy shall serve only for the unexpired term. The Authority shall elect one of its members as chairman and another member as vice-chairman, and shall also elect a secretary and treasurer, who may not necessarily be a member of the Authority. Five members of the Authority shall constitute a quorum. No vacancy in the Authority shall im pair the right of a quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority

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shall be compensated in the amount of forty ($40.00) dollars per day, plus actual expenses incurred, for each day's service spent in the performance of the duties of the Authority. Provided, how ever, such compensation shall be limited to one hundred (100) days for the chariman and thirty (30) days for each of the other
members of the Authority during any one fiscal year. The Author ity shall make necessary rules and regulations for its own govern ment. The Authority may delegate to one or more of its members or to its officials, agents, or employees, such powers and duties as it may deem proper. Said Authority shall have perpetual ex istence. No person shall be eligible for membership on the Georgia Ports Authority who shall also be at the time of appointment or
thereafter become a member of any local port Authority of any city, town, county or district."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 35, nays 0, and the sub stitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the ayes were 35, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 2B. By Mr. Pickard of the 112th:
A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", so as to change the provisions relating to the cost for blood alcohol tests to determine whether or not a person was operating a motor vehicle while under the influence of intoxicating liquor; and for other purposes.

The report 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.

THURSDAY, FEBRUARY 17, 1966

1257

HB 247. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend an act creating a Department of Public Safety, so as to provide for the issuance of honorary drivers' licenses without cost to certain veterans of this State or certian servicemen of this State; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 176. By Messrs. Moore of the 20th, Story of the 22nd and Parker of the 55th:
A bill to amend an act establishing a retirement system in the State Public Schools, so as to provide that the word "teacher" shall also in clude the director and any associate directors of the Georgia Educational Improvement Council; and for other purposes.

The Committee on Retirement offered the following substitute:
A BILL
To be entitled an act 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; to determine Mem bership and conditions of Membership in said system; to provide for a Board of Trustees of said system and for the administration of its affairs; to provide for the management of the funds of said system; to provide a method of financing said system; to repeal conflicting laws; and for other purposes.," approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, so as to provide that the word "teacher" shall also include the director and any associate directors of the Georgia Educational Improvement Council; to change the limitation of employer contributions of teachers' salaries as the same was limited because of certain retirement benefits or allowances; to provide that no funds shall be expended or paid for certain retirement benefits and allowances until the minimum floor of $5.00 for each year of service up to forty years for those members of the teachers' retirement system of Georgia who retired on or before July 1, 1961 has been implemented; to provide that if a member ceases to be a teacher other than by death or by retirement under the teachers' retirement system of Georgia, the amount of his contributions to said system shall be payable to him upon his request after the date he is paid his last compensation as a teacher with certain interest if such member has five years or more member ship service; to provide that any individual who upon becoming a mem-

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her of the Employees' Retirement System of Georgia has credits with the Teachers' Retirement System of Georgia and all such credits are for service subsequent to January 1, 1945, may have such credits trans ferred to the Employees' Retirement System of Georgia; 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 establish a retirement system for aged and incapacitated teachers in the State Public Schools; and other State Supported Schools; to determine Membership and con ditions of Membership in said system; to provide for a Board of Trustees of said system and for the administration of its affairs; to provide for the management of the funds of said system; to provide a method of financing said system; to repeal conflicting laws; and for other purposes.", approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended is hereby amended by adding at the end of Subsection (5) of Section 1 the following:

"The word 'teacher' shall also include the director and any associate directors of the Georgia Educational Improvement Coun cil and such Council shall pay the required employer matching funds.",
so that when so amended Subsection (5) of Section 1 shall read as follows:
"(5) 'Teacher' shall mean any person employed not less than half time in the public day schools as a classroom teacher, or in a clerical capacity, or in the supervision of the public schools, or any employee of the State Board of Education or the State Board of Vocational Education employed in a teaching or supervisory or clerical capacity, or any bona fide teacher or supervisor of teachers or clerical employee in any school operated by the State Depart ment of Education, or any teacher or supervisor of teachers or clerical employees employed and paid by the Board of Regents of the University System of Georgia, and all personnel of the Agri culture Extension Service of the University of Georgia. The word 'teacher' shall also include school librarians, and administrative officials who supervise teachers, and shall include registrars of each unit of the University System and shall include secretary and treasurer of the Board of Regents. The Board of Trustees shall determine in doubtful cases whether any person is a teacher, as defined in this Act. In the event the Georgia Education Asso ciation and any full-time employee thereof, or the Georgia High School Association and any full-time employee thereof, or the Georgia Teacher Education Association and any full-time em ployee thereof, or the Georgia School Boards Association and any full-time employee thereof request the Board of Trustees to permit the Association as employer and such employee to make contribu tions as herein defined to provide retirement benefits for such employee, the board may permit such employee to come under the operation of this act as a teacher but the State shall make no contributions on account of such employee. The word 'teacher' shall also include regional the county librarians who are compensated

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1259

in whole or in part from State funds. Prior service of such libra rians and other service for which such librarians have contributed to the Teachers' Retirement System of Georgia is hereby ratified, subject to the same laws and the same rules and regulations ap plicable to other members of the System. The word 'teacher' shall not be deemed to include any emergency or temporary employee. In the event that the Board of Regents of the University System of Georgia and any person employed by Radio Station WGST re quest the Board of Trustees to permit the Board of Regents as employer and such employee to make the contributions as herein defined to provide such retirement benefits for such employee, the Board of Trustees shall permit such employee to come under the operation of this Act as a 'teacher'; but no contribution of State funds shall be made on account of such employee, but rather an employer's contributions shall come from funds available for the operation of Radio Station WGST; provided that any employee qualifying as a 'teacher', under the terms of this sentence shall not be entitled to any prior service credit for service rendered prior to being included in the system. In addition to the foregoing, 'teach er' shall also include any person employed and paid by the Board of Regents of the University System of Georgia, not less than half time, with the exception of emergency or temporary employees and with the exception of maintenance and custodial employees, and the Board of Trustees shall determine whether any particular employee is a maintenance or custodial employee; provided, that any employee qualified as a 'teacher' under the terms of this sentence, shall not be entitled to any prior service credit for service rendered prior to being included in the system. The word 'teacher' shall also include the director and any associate directors of the Georgia Educational Improvement Council and such Council shall pay the required employer matching funds."

Section 2. Said Act is further amended by striking Section 5 (2) (c) in its entirety and inserting in lieu thereof a new Section 5 (2) (c) to read as follows:
"In the case of the retirement of any member prior to his at tainment of the age of 63 years, the service allowance above de scribed shall be reduced by 1/12 of 3% for each month by which his age at the time of retirement is below 63 years. The aforesaid reduction shall not apply in calculating the service allowance for disability retirement or death. Any retirement benefits or allow ances provided or authorized by this Act shall not increase the employer contributions beyond the percentage rate of 8.50% of teachers' salaries. No funds shall be expended or paid as provided in this subsection until such time as the provisions of an amenda tory act approved March 6, 1962 (Ga. Laws 1962, p. 666), as amended by a subsequent amendatory act approved April 17, 1963 (Ga. Laws 1963, p. 656), relative to providing a minimum floor of $5.00 for each year of service up to forty years for those members of the teachers' retirement system of Georgia who retired on or before July 1, 1961, has been implemented to at least such $5.00 amount."
Section 3. Said Act is further amended by striking from Sub section (7) of Section 5, after the words "his request" and before the

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words "the date" the words ", sixty days from" and inserting in lieu thereof the word "after", so that when so amended Subsection (7) of Section 5 shall read as follows:

"(7) If a member ceases to be a teacher other than by death or by retirement under this retirement system, the amount of his contributions to this retirement system shall be payable to him upon his request after the date he is paid his last compensation as a teacher, with no interest credits thereon if he has less than five years of membership service or with three-quarters of the regular interest credited thereon to the time he ceases to be a member, if he has five or more years but less than IB years of membership service, or with the full regular interest thereon to the time he ceases to be a member if he has 15 years or more membership service. If a member dies, the amount of his accumu lated contributions, with interest credits thereon, according to his length of service as in this subsection specified, shall be paid to the person, if any, nominated by him by written designation duly executed and filed with the Board of Trustees; otherwise to the member's estate."

Section 4. Said act is further amended by striking Subsection (c) of Section 9A in its entirety and inserting in lieu thereof a new Sub section (c) to read as follows:

"(3) Any other provisions of law to the contrary notwith standing, any individual, who upon becoming a member of the Employees Retirement System of Georgia has credits with the Teachers' Retirement System of Georgia and all such credits are for service subsequent to January 1, 1945, may have such credits transferred to the Employees Retirement System of Georgia."

Section 5. All laws and parts of laws in conflict with this act are hereby repealed.

On the adoption of the substitute, the ayes were 34, nays 0, and the sub stitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the ayes were 40, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

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1261

SB 88. By Senators Holley of the 22nd, Kidd of the 25th, Noble of the 19th, Salome of the 36th and Loggins of the 53rd:
A bill to provide for the incorporation of regulated certified banks; and for other purposes.

The House amendment was as follows:
The House Committee on Banks and Banking amends Section 22(a) of SB 88 by striking from said Section on Page 18 the figure $400,000" and inserting in lieu thereof the figure "$700,000"; and by striking from said Section 22(a) the following: "$400,000 and not exceeding $500,000, $500,000 and not exceeding $600,000, and $600,000 and not exceeding $700,000."
The House Committee on Banks and Banking further amends SB 88 by striking from Section 52 the date "July 1, 1966" and inserting in lieu thereof the date "January 1, 1967".
The House Committee on Banks and Banking further amends SB 88 by striking Section 14 in its entirety and inserting in lieu thereof a new Section 14 to read as follows:
"Section 14. Payment of Capital
All of the capital stock of every bank applying for a charter shall be paid in, in cash, before such bank shall be authorized to commence business."

Fleming of the 106th moves to Amend SB 88 as follows:
By striking Section 17 (a) in its entirety and substituting in lieu thereof a new Section 17 (a) to read as follows:
"Section 17 (a). Deposit Insurance. Every regulated certifi cated bank incorporated under the provisions of this Act shall be required to obtain deposit insurance when, in the opinion of the Superintendent of Banks, any such bank shall become eligible and can qualify for deposit insurance. Such deposit insurance shall be written by an insurance company authorized to transact business in the State of Georgia or by the Federal Deposit Insurance Cor poration. The deposits of each depositor shall be insured in an amount of not less than $2,000.00, or the total amount of the de posits of any depositor when such deposits are less than $2,000.00. Until such deposit insurance is obtained, such banks shall be re quired to post a sign in boldface print, in letters at least four inches (4") high, at a conspicuous place near the entrance of such bank, which states "Regulated Certificated Bank -- Deposits not Insured". After obtaining such deposit insurance, such banks shall be required to display a sign in boldface print, in letters at least four inches (4") high, at a conspicuous place near the entrance of

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such bank, which states "Regulated Certificated Bank--Deposits Insured Up to (Insert amount of deposit insurance)."

Mr NeSmith of 43rd. moves to amend SB 88 as follows:
By striking Section 14 in its entirety and substituting in lieu thereof a new Section 14 to read as follows:
"Section 14. Payment of capital. Whenever a private bank is incorporated as a regulated certificated bank, as provided herein, capital stock may be paid by a transfer of the assets of such private bank, provided the live assets of such private bank shall exceed its liabilities by an amount equal to the amount of the capital stock, such assets to be taken at the true value thereof, and the Super intendent of Banks shall cause an examination of such private bank to be made and its assets and liabilities ascertained before authorizing the payment of the capital by a transfer of such assets and before permitting it to begin business as a regulated certifi cated bank."
Senator Holley of the 22nd moved that the Senate disagree to the House substitute to SB 88, and that a Committee of Conference be appointed.

On the motion, the ayes were 31, nays 0, and the motion prevailed.

The president appointed as a Committee of Conference on the part of the Senate the following:
Senators Holley of the 22nd, Johnson of the 42nd and Smith of the 18th:

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 89. By Senator Holley of the 22nd:
A bill to amend Code section 13-204 relating to private banks or private bankers to provide that no individual or any organization shall carry on or conduct a banking business in this State without being chartered or certificated and organized under the banking laws of this State or of the United States; and for other purposes.

The House amendment was as follows:
The House Committee on Banks and Banking amends SB 89 by striking from Section 2 thereof the date "January 1, 1968" and inserting in lieu thereof the date "July 1, 1968".

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1263

Senator Holley of the 22nd moved that the Senate disagree to the House amendment to SB 89, and that a Committee of Conference be appointed.

On the motion, the ayes were 31, nays 0, and the motion prevailed.

The president appointed as a Committee of Conference on the part of the Senate the following:
Senators Holley of the 22nd, Johnson of the 42nd and Smith of the 18th.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:
SB 236. By Senators Holley of the 22nd and Padgett of the 23rd: A bill to amend an act establishing and creating a municipal court in and for the City of Augusta so as to change the compensation of certain officers and personnel of said court; and for other purposes.

The House substitute was as follows:
A BILL
To be entitled an act 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; to establish and create in lieu thereof a Municipal Court in and for the City of Augusta; to define its jurisdiction and powers; to provide for the election of a judge and clerk and sheriff, and the appointment of the other officers thereof; to define their powers ancl duties and to fix their compensation; to provide for rules of procedure and new trials in said court and writs of error therefrom; and for other purposes.", approved August 28, 1931 (Ga. Laws 1931, p. 270), as amended, particularly by an act approved March 5, 1965 (Ga. Laws 1965, p. 2144), so as to change the compensation of certain officers and personnel of said court; to provide for periodic increases in salary of certain officers and personnel of said court; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act entitled "An Act to 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; to estab lish and create in lieu thereof a Municipal Court in and for the City of Augusta; to define its jurisdiction and powers; to provide for the

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election of a judge and clerk and sheriff, and the appointment of the other officers thereof; to define their powers and duties and to fix their compensation; to provide for rules of procedure and new trials in said court and writs of error therefrom; and for other purposes.", approved August 28, 1931 (Ga. Laws 1931, p. 270), as amended, par ticularly by an act approved March 5, 1965 (Ga. Laws 1965, p. 2144), is hereby amended by striking Section 9 in its entirety and inserting in lieu thereof a new Section 9 to read as follows:

"Section 9. Be it further enacted by the authority aforesaid, that the salary of the chief judge of Municipal Court shall be ten thousand ($10,000.00) dollars per annum; the salary of the clerk of said court shall be fixed by the chief judge from time to time at an amount not to exceed six thousand six hundred fifteen ($6,615.00) dollars per annum, and the clerk of said court shall have the power, by and with the consent of said chief judge of said court, to appoint a chief deputy clerk and the salary of the chief deputy clerk shall be fixed by the chief judge from time to time at an amount not to exceed four thousand four hundred thirty-two ($4,432.00) dollars per annum, and the clerk of said court shall have the power by and with the consent of the chief judge of said court to appoint four (4) deputy clerks and the salary of each of said deputy clerks shall be fixed by the chief judge from time to time at an amount not to exceed three thousand nine hundred sixty-nine ($3,969.00) dollars salary per annum. The salary of the sheriff of said court shall be fixed by the chief judge from time to time at an amount not to exceed six thousand six hundred fifteen ($6,615.00) dollars per annum, and the sheriff of said court shall have power by and with the consent of the chief judge of said court to appoint a chief deputy sheriff and the salary of the chief deputy sheriff shall be fixed by the chief judge from time to time at an amount not to exceed four thousand six hundred thirty-one ($4,631.00) dollars per annum, and eleven deputy sheriffs and the salary of each deputy sheriff shall be fixed by the chief judge from time to time at an amount not to exceed four thousand four hundred thirty-two ($4,432.00) dollars per annum. Provided, nevertheless, that said chief deputy sheriff, chief deputy clerk, or deputy clerks, or deputy sheriffs shall serve only during such time as both the chief judge, the clerk and/or the sheriff may deem their services necessary and to the best interest of the court. Any such deputy clerk or deputy sheriff may be discharged by the chief judge, and/or clerk or sheriff at any time, and any such vacancy or vacanies thus created shall be filled in the same manner as such officers were originally ap pointed under this Act as amended. The compensation of all officers of said Municipal Court shall be paid monthly out of the treasury of Richmond County, Georgia, upon the warrants of the chief judge of said court by the officer or officers charged by law with paying out the money of said County and charged as part of the expenses of said court.
"The salaries of the clerk, chief deputy clerk, deputy clerks, sheriff, chief deputy sheriff and deputy sheriffs shall be increased annually by three (3%) per cent of four thousand two hundred ($4,200.00) dollars for the first five (5) years of service and two (2%) per cent of four thousand two hundred ($4,200.00) dollars for the next five (5) years of service and one (1%) per cent of

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four thousand two hundred ($4,200.00) dollars annually thereafter for all years of service in excess of ten (10). No credit for prior service shall be granted for any time during which an employee was not an official or employee of the Municipal Court in and for the City of Augusta and received compensation therefor in one of the positions for which such increases are authorized herein."
Section 2. Said act is further amended by striking Section 37 in its entirety and inserting in lieu thereof a new Section 37, to read as follows:
"Section 37. Be it further enacted by the authority aforesaid that in addition to the personnel which the chief judge may appoint as hereinbefore described, said judge shall have the power to ap point, and at pleasure to remove a secretary to serve the judges of said court. Such secretary shall take all stenographic notes, transcribe the same, required by the judges of said court, and do and perform such other duties as the judges of said courts may require at chambers, or in court. And said secretary, if and when so appointed under the terms of this Act, shall have the same powers and authority and exercise all the functions and be subject to all responsibilities and requirements of a deputy clerk of said court. The salary of the secretary of said court shall be fixed by the chief judge from time to time at an amount not to exceed three thousand three hundred eight ($3,308.00) dollars per annum; and shall be paid monthly out of the treasury of Richmond County, Georgia, upon the warrants of the chief judge of said court by the officer or officers charged by law with paying out the money of the county and charged as a part of the court expenses of the said court.
"The salary of said secretary shall be increased annually by three (3%) per cent of four thousand two hundred ($4,200.00) dollars for the first five (5) years of service and two (2%) per cent of four thousand two hundred ($4,200.00) dollars for the next five (5) years of service and one (1%) per cent of four thousand two hundred ($4,200.00) dollars annually thereafter for all years of service in excess of ten (10). No credit for prior service shall be granted. No credit for service shall be granted for any time during which a person was not actually an employee of the Munici pal Court in and for the City of Augusta and received compensa tion therefor in the position for which such increase is authorized herein."
Section 3. Be it further enacted by the authority aforesiad, that if any section or provision of this Act shall be held unconstitutional, or invalid, by any court of competent jurisdiction, the corresponding original acts hereby sought to be changed shall ipso facto and pro tanto stand reenacted and restored, and it shall not affect the validity and constitutionality of the remainder of this act.
Section 4. All laws and parts of laws in conflict with this act are hereby repealed.

Senator Padgett of the 23rd moved that the Senate adopt the House sub stitute to SB 236.

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On the motion, the ayes were 32, nays 0, and the House substitute was adopted.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 25. By Senators Broun of the 46th, Kilpatrick of the 44th, Hill of the 29th, Searcey of the 2nd, Minish of the 48th and Thompson of the 34th:
A bill to provide for the submission of certain information to the Department of Public Safety, Bureau of Investigation; to provide what persons shall be required to furnish such information; to provide that the Department of Public Safety shall promulgate certain rules and regulations; and for other purposes.

The House amendment was as follows:
Mr. Richardson of the 116th moved to amend SB 25 by inserting between the words "obtain" and "the" in section one the words: "Where the person has been charged with the theft of a motor vehicle".
Mr. Murphy of the 26th moved to amend SB 25 by striking from section 1 the words "it shall be the duty" and inserting in lieu thereof the words "upon".
And striking the words "to obtain" and inserting "obtaining".

Senator Kilpatrick of the 44th moved that the Senate disagree to the House amendment, and that a Committee of Conference be appointed.

On the motion, the ayes were 30, nays 0, and the motion prevailed.

The following bill of the Senate was taken up for the purpose of consider ing a House amendment thereto:
SB 46. By Senators Kendrick of the 32nd and Coggin of the 35th:
A bill to amend an act regulating the occupation of cosmetology and creating the Georgia State Board of Cosmetology, as amended, so as to include within the definition of the terms "cosmetologist" and "beau tician" whose persons who perform certain services on the hair of deceased persons and wigs; and for other purposes.

The House amendment was as follows:

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Mr. Ware of the 42nd moves to amend SB 46 as follows:

By striking from the second paragraph of Section 2, quoted Section 4, the following sentence:
"One member shall be appointed for a term of one year, one member shall be appointed for a term of two years, and one mem ber shall be appointed for a term of three years, and thereafter the terms of the members of said board shall be for three years and until their successors are appointed and qualified.",

and inserting in lieu thereof a new sentence to read as follows:

"Two members shall be appointed for terms of one year; two members shall be appointed for terms of two years, and one mem ber shall be appointed for a term of three years, and thereafter the terms of the members of said board shall be for three years and until their successors are appointed and qualified."

Senator Kendrick of the 32nd moved that the Senate agree to the House amendment to SB 46.

On the motion, the ayes were 30, nays 0.

The motion prevailed, and the House amendment was agreed to.

HB 283. By Mr. Pickard of the 112th:
A bill to amend Code section 34-1006, relating to qualification of candi dates, so as to provide that if a person qualifies for party nomination and no other person qualifies against him by the end of the qualifying period, such person shall be declared the nominee of the party without the necessity of keeping the polls open in the district; and for other purposes.

The Committee on Rules offered the following amendment:
Amend HB 283 by striking from Section 34-1006 as it appears in section 1 the first two sentences so that as amended said section shall read as follows:
"34-1006. If a person qualifies for party nomination and no other person qualifies against him by the end of the qualifying period such person shall be declared the nominee of the party and it shall not be necessary to keep the polls open in the district from which he offers as candidate unless there is another contested elec tion in such district."

On the adoption of the amendment, the ayes were 30, nays 0, and the amendment was adopted.

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The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 33, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.
Senator Downing of the 1st asked unanimous consent that the House be requested to reestablish the following bill of the House:

HB 769. A bill to amend an act known as the "City of Atlanta and Fulton County Recreation Authority Act", so as to redefine "project"; to provide that the Authority shall have the right to contract for the use of or to lease or sell any or all of its facilities including real prop erty, to any persons, firms or corporations whether public or private; and for other purposes.
The consent was granted.
HB 85. By Mr. Jones of the 112th:
A bill to regulate charges and interest on loans secured by secondary mortgages on certain residential property subject to a prior lien or mortgage; and for other purposes.
A BILL
To be entitled an Act To regulate charges and interest on loans secured by secondary security deeds on certain residential property subject to a prior lien or security deed; to provide for certain definitions; to provide for certain insurance and the charges associated therewith in connection with such loans; to provide for the forefeiture of the principal amount of the loan plus interest and other charges under certain circumstances; to provide for complete and intemized closing statements; to provide for the construction of this Act; to provide for penalties; to provide for the procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. No person, copartnership, association, trust, corporation or any other legal entity shall directly or indirectly charge, take or receive for a loan secured in whole or in part by secondary security deeds other than a first mortgage, on residential real estate improved by the construction thereon of housing consisting of four or less family dwelling units, executed by an individual or individuals, a rate of

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charge, as herein defined, excluding interest at the rate of six per cent (6%) per annum, as computed under the provisions of Code Section 57-116, as amended, whether payable directly to the lender or to a third party in connection with such loan, which in the aggregate is greater than ten per cent (10%) of the principal indebtedness. Provided that where the stated principal sum of the indebtedness is one thousand five hundred dollars ($1,500.00) or less, the rate of charge may exceed said ten per cent (10%) but shall not be greater than one hundred fifty dollars ($150.00). Provided further that the said rates of charge shall not be made more often than once each thirty-six months by a renewal or additional loan. The borrower shall have the right to anticipate payment of his debt in whole or in part at any time and shall receive a rebate for any unearned interest, which rebate shall be computed in accordance with the Standard Rule of 78. The aggregate of the amount or value actually received at the time of the loan, plus the sum of all existing indebtedness of the borrower paid on his behalf by the lender, shall be deemed the principal amount of the loan.
Section 2 (a) The word "charge", as used in this Act, shall include any and every type of charge for compensation, consideration or ex pense, or for any other purpose whatsoever, including by whatsoever name called, but not by way of limitation, title searches, title reports, title opinions, title guarantees, credit reports, investigation costs, pre paration of instruments, placement or discount fees, brokerage fees, recordings, appraisals, insurance of any nature except as provided in subsection (b) below, and closing costs, but not including interest at the rate of six per cent (6%) per annum.
(b) Evidence of hazard insurance may be required by the lender of the borrower and the premium shall not be considered as a charge. Decreasing term life insurance, in an amount not exceeding the amount of the loan and for a period not exceeding the term of the loan, and accident and health insurance in an amount sufficient to make the monthly payments due on said loan in the event of disability of the borrower and for a period not exceeding the life of said loan may also be required by the lender of the borrower and the premium therefor, if included in the loan, may bear interest, and may be included in comput ing the rate of charge, but shall not exceed the standard rate approved by the Insurance Commissioner for such insurance. Proof of all insurance issued in connection with loans subject to this Act shall be furnished to the borrower within ten days from the date of application therefor by said borrower, by a certificate from the carrier. A delinquent or "late charge" not exceeding 5% of the monthly payment, may be charged on any installment made 15 or more days after the regularly scheduled due date, said charge to be made only once on any installment during the term of the loan.
(c) No charge for or application fee may be allowed whether or not the loan is consummated, provided however that the borrower may be required to reimburse the lender for actual expenses incurred after acceptance and approval of a loan proposal made in accordance with the provisions of this Act which is not consummated because of:
(1) The borrower's willful failure to close said loan; or
(2) The borrower's false or fraudulent representation of a material fact which prevents closing of the loan as proposed.

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(d) Nothing in this Act shall be construed as authorizing or making lawful the charging of interest on any loan secured by a secondary security deed on real estate at any greater rate than six per cent (6%) per annum computed in accordance with the provisions of Code Section 57-116, relating to interest on loans to be repaid in monthly, quarterly, or yearly installments, as amended.

Section 3. (a) If any loan secured by a secondary security deed on real estate is made in violation of the provisions of this Act, except as a result of a bona fide error, the lender shall forfeit the entire principal amount of the loan plus interest and other charges. In ad dition thereto, the lender shall also refund any payments on the loan which have been made by the borrower.

(b) Any agreement whereby the borrower waives the benefits of this Act or releases any rights he may have acquired by virtue thereof shall be deemed to be against public policy and void.
Section 4. Any person, corpartnership, association, trust, corporation or any other legal entity making on its own behalf, or as agent, broker, or in other representative capacity on behalf of any other person, copartnership, association, trust, corporation, or any other legal entity, a loan or real property financing transaction secured by a secondary security deed on real estate within the regulatory authority of this Act, whether lawfully or unlawfully, at the time of the closing shall furnish the debtor or borrower or grantor in the security deed mortgage, deed of trust or any other security instrument, a complete and itemized clos ing statement which shall show in detail all costs which are defined as a "charge" in Section 2, subsection (a) of this Act, together with any interest charges, and the disposition of the principal of the loan or security transaction, and the said detailed closing statement shall be signed by the lending agency or a representative of the lending agency, or a responsible officer, in its behalf, and a completed and signed additional copy retained in the files of the lending agency involved and available at all reasonable times to the borrower, the borrower's successor in interest to the security real property, or the authorized agent of the borrower or the borrower's successor, until such time as the security instrument shall be satisfied in full.
Section 5. Nothing contained in this Act shall be construed so as to amend, modify, supersede or repeal an Act approved March 4, 1955 (Ga. Laws 1955, p. 431), as now or hereafter amended.
Section 6. 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 7. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Loggins of the 53rd moved that HB 85 be postponed to February 18, 1966.

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On the motion to postpone, Senator Carter of the 14th 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:

Coggin Downing Eldridge Fincher of 51st Foster Gillis

Hall Hill Kendrick Kidd Loggins Moore

McGill
Noble Padgett Salome Searcey

Those voting in the negative were Senators:

Adams Bateman Broun Carter Edenfield Fincher of 54th Flowers Jackson Johnson of 42nd

Kilpatrick Lee Maclntyre Minish McKenzie
Owens Pennington Plunkett Rowan

Smith Spinks Thompson Tribble
Ward
Webb Yancey Young

By unanimous consent, verification of the roll call was dispensed with.

On the motion to postpone, the ayes were 17, nays 26, and the motion was lost.
On the adoption of the substitute, Senator Edenfield of the 4th 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 Gregory Hill

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Holloway Jackson Johnson of 42nd Johnson of 38th Kidd Kilpatrick Lee Loggins Maclntyre

JOURNAL OF THE SENATE,

Minish Moore McKenzie Noble Owens Pennington Plunkett Rowan Sanders

Searcey Smalley Smith Spinks Thompson Tribble Webb Yancey Young

Those voting in the negative were Senators:

Kendrick

Salome

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the substitute, the ayes were 45, nays 2, and the sub stitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the ayes were 37, nays 3.

The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Rowan of the 8th asked unanimous consent that he be recorded as voting aye to HB 85.
The consent was granted.

Senator Spinks of the 9th asked unanimous consent that he be recorded as voting aye to HB 85.
The consent was granted.

HB 322. By Messrs. Jones of the 76th and Smith of the 114th:
A bill to amend Code title 109A known as the "Uniform Commercial Code", so as to provide definitions for the words "clearing corporation" and "custodian bank"; to provide for establishing means for accomplish ing appropriate delivery, transfer and pledge of investment securities within a Central Depository System; and for other purposes.

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The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 346. By Mr. Wilson of the 109th: 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 a personal exemption of $1200 for each dependent of the taxpayer's net income if such dependent attends a school for the physically handicapped; and for other purposes.
The Committee on Banking and Finance offered the following amendment:
Amend HB 346 by striking from the title the following: "attends a school for", and inserting in lieu thereof the following: "is".
By inserting in the title immediately before the phrase "to provide an effective date;" the following:
"to define physically handicapped or mentally retarded;".
By striking quoted subsection (m) of Section 1 in its entirety and substituting in lieu thereof a new subsection (m) of Section 1 to read as follows:
"(m) Twelve hundred ($1,200.00) dollars exemption in lieu of the exemption provided for in subparagraph (d) above, for each dependent of the taxpayer who is under the age of 21, is physically handicapped or mentally retarded and is not a ward of the State. 'Physically handicapped' or 'mentally retarded' as used herein shall mean physically or mentally disabled to the ex tent that such dependent is unable to attend public schools."
On the adoption of the amendment, the ayes were 30, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

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The following message was received from the House through Mr. Ellard the Clerk thereof:

Mr. President:

The House has passed as amended the following bills of the Senate to-wit:

SB 182. By Senators Plunkett of the 30th, Coggin of the 35th and Broun of the 46th:
A bill to provide for a method, in addition to existing methods, for the annexation of contiguous territory to incorporated municipalities upon the application of not less than 60% of the owners representing at least 60% of the land area included in such application; and for other purposes.
SB .237. By Senator Webb of the llth: A bill to fix, allow and provide for the compensation of the Sheriff of Miller County; to provide that all fees, fines, etc., shall become the property of the county with certain exceptions; to repeal specific laws; and for other purposes.
The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has amended the Senate amendment to the following bill of the House:
HB 468. By Mr. Conger of the 89th: A bill to repeal Code Section 92-7002 providing that it shall be the duty of the State Revenue Commissioner to examine the tax digest of the several counties; 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 amendment the following bill of the Senate to-wit:

SB 41. 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. Laws 1964, P. 499), as amended, relating to the powers of the county boards of health; and for other purposes.

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The House has agreed to the Senate amendment to the following bills and resolutions of the House to-wit:

HB 489. By Messrs. Richardson of the 116th, Gignilliat and Powers of the 113th, Smith of the 114th, Tye and Kiley of the 115th:
A bill to amend an act incorporating Garden City, so as to confer upon the mayor and the councilmen additional powers; and for other pur poses.

HB 540. By Messrs. Matthews and Bedgood of the 29th:
A bill to amend an act so as to increase the membership of the Board of Education of the Clarke County School District, and for other pur poses.

HB 578. By Mr. Paris of the 23rd:
A bill to implement the provisions of the Constitution creating the Barrow County School System so as to provide for members of the Board of Education, and for other purposes.

HR 273. By Messrs. Lane and Nessmith of the 64th:
A resolution proposing an amendment to the Constitution so as to create the Statesboro and Bulloch County Development Authority; and for other purposes.

HB 570. By Mr. Clarke of the 45th:
A bill to abolish the present method of compensating the sheriff of Monroe County known as the fee system; and for other purposes.

HB 734. By Mr. Bagby of the 21st:
A bill to amend an act so as to provide for the establishment of a record er's court for the City of Dallas; and for other purposes.

The House has agreed to the following substitutes of the Senate to the fol lowing bills of the House to-wit:

HB 513. By Messrs. Minge, Lowrey and Starnes of the 13th:
A hill to require hospital authorities in certain counties to conduct annual audits of their books and records; and for other purposes.

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HB 679. By Mr. Herndon of the 74th:
A bill to amend the charter of the City of Baxley; and for other pur poses.

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
Pursuant to your request I am sending you an Established Copy of the following bill of the House to-wit:

HB 769. By Messrs. Etheridge of the 123rd, Gates of the 123rd and others:
A bill to amend an act known as the "City of Atlanta and Pulton County Recreation Authority Act", so as to redefine "project"; to provide that the Authority shall have the right to contract for the use of or to lease or sell any or all of its facilities including real prop erty, to any persons, firms or corporations whether public or private; and for other purposes.

HB 321. By Messrs. Chandler and Harrington of the 47th, Paris of the 23rd, Rainey of the 69th and Brown of the 19th:
A bill to amend an act providing for payment of the cost of care of persons admitted to state institutions coming under the control of the State Board of Health or Department of Public Health, so as to delete certain definitions; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was 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 326. By Messrs. Newton of the 94th, Marshall of the 39th, Lowrey of the 13th, Collins of the 88th and others:
A bill to amend an act known as the "Georgia Fertilizer Act of 1960", so as to provide for renewals of registration; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, the ayes were 32, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 301. By Mr. Conger of the 89th: A bill to amend Code Title 13, known as the "Banking Law" of Georgia, so as to provide for tne establishment and operation of banking facilities as an expansion or extension of existing facilities; and for other pur poses.
The Committee on Banking and Finance offered the following amendment:
Amend HB 301 as follows:
By striking the word "constructed" as it appears in the last sentence of subsection (b) of Section 13-203.2, which section is quoted in Section 2 of said bill and substituting in lieu thereof the word "considered".

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 41, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
HB 206. By Mr. Hull of the 104th: A bill to amend an act relating to insurance, so as to delete the require ments of the minimum capital required to be invested in cash and in certain type securities and to substitute other requirements as to the investment of such minimum capital; and for other purposes.
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.

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HB 113. By Messrs. Brinkley of the 112th, Bedgood of the 29th and Starnes of the 13th:
A bill to amend Code chapter 88-16, so as to provide that a test for phenylketonuria be administered to all infants; and for other purposes.

The report 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 657. By Mr. Barber of the 24th, Wiggins of the 32nd, Floyd of the 7th and others:
A bill to provide for equal pay for both males and females for com parable work on jobs which have comparable requirements relative to skill, effort and responsibility; to provide for a declaration of policy; and for other purposes.

The Committee on Industry and Labor offered the following substitute:
A BILL TO BE ENTITLED
An Act to provide for equal pay for both males and females for comparable work on jobs which have comparable requirements relating to skill, effort and responsibility; to provide for a declaration of policy; to define certain terms; to prohibit discrimination; to provide for the collection of upaid wages and other relief; to provide for a statute of limitations; to provide for arbitration; to provide for the posting of this Act; to provide for penalities; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Declaration of Policy. The General Assembly of Georgia hereby declares that the practice of discriminating on the basis of sex by paying wages to employees of one sex at a lesser rate than the rate paid to employees of the opposite sex for comparable work on jobs which require the same, or essentially the same knowledge, skill, effort and responsibility unjustly discriminates against the person receiving the lesser rate; leads to low worker morale, high turnover and frequent labor unrest; discourages workers paid at the lesser wage rates from training for higher level jobs; curtails employment opportunities; de creases mobility of workers and increases labor costs; impairs purchas ing power and threatens the maintenance of an adequate standard of living by such workers and their families; prevents optimum utilization of the labor resources available to the State; threatens the well-being of citizens of this State and adversely affects the general welfare. It

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is hereby declared to be the policy of the State of Georgia through the exercise of the police power of this State to correct and, as rapidly as possible, to eliminate discriminatory wage practices based on sex.

Section 2. Definitions. As used in this Act, unless the context or subject matter clearly requires otherwise, the following terms shall have the following meaning:
(a) "Employee" means any individual employed by an empoyer, other than domestic or agricultural employees, including individuals employed by the State or any of its political subdivisions including public bodies.
(b) "Employer" includes any person employing 10 or more employees and acting directly or indirectly in the interest of an employer in relation to an employee.

(c) "Wage rate" means all compensation for employment, including payment in kind and amounts paid by employers for employee benefits.
(d) "Employ" includes to suffer or permit to work.

(e) "Occupation" includes any industry, trade, business or branch thereof, or any employment or class of employment.

(f) "Person" includes one or more individuals, partnerships, corporations, legal representatives, trustees, trustees in bankruptcy, or voluntary associations.

Section 3. Prohibition of Discrimination, (a) No employer having employees subject to any provisions of this section shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibi lity, and which are performed under similar working conditions, except where such payment is made pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex: Provided, That an employer who is paying a wage rate differential in violation of this subsection shall not, in order to comply with the provisions of this subsection, reduce the wage rate of any employee.
(b) It shall also be unlawful for any person to cause or attempt to cause an employer to discriminate against any employee in violation of the provisions of this Act.
Section 4. Collection of Unpaid Wages. Any employer who violates the provisions of Section 3 of this Act shall be liable to the employee affected in the amount of their unpaid wages. An action to recover such liability may be maintained in any court of competent jurisdiction by the aggrieved employee.

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Section 5. Statute of Limitations. Court action under this Act may be commenced no later than one year after the cause of action occurs.

Section 6. Arbitration. In the event any dispute should arise between any employer and employee covered by the provisions of this Act in relation to any subject matter which is covered by the provisions of this Act, either of the parties shall have the right to request arbitra tion of the dispute. The party requesting arbitration shall file notice of his intent to seek arbitration with the opposite party, and within ten days after receipt of such notice, the employer shall appoint and select one arbiter and the employee shall select and appoint one arbiter. The arbiters so selected shall then select a county adjoining the county in which the business of the employer is located and in which the dispute arose, and the judge of the superior court or the senior judge thereof in terms of length of service on the bench of the judicial circuit in which such selected county shall be located shall appoint a third arbiter who shall act as the chairman of the arbitration committee. The arbitration committee shall meet at such time as shall be fixed by the chairman, and, after the giving of notice of the hearing thereof to the parties concerned and affording them an opportunity to appear and be heard on the matters in dispute, shall proceed to resolve all matters contained within the request for arbitration. The decision of the arbitration com mittee shall be binding upon the parties affected.

Section 7. Posting of Law. Every person subject to this Act shall keep an abstract or copy of this Act posted in a conspicuous place in or about the premises wherein any employee is employed. Employers shall be furnished copies or abstracts of this Act, by the State upon request without charge.
Section 8. Penalties. It shall be unlawful for any person to dis charge or in any other manner discriminate against any employee cov ered by the provisions of this Act because such employee has made a complaint to his employer, or any other person, or has instituted, or caused to be instituted any proceeding under or related to this Act, or has testified or is about to testify in any such proceedings. Upon the conviction of any person for violating the provisions of this Section, he shall be punished by a fine of not more than one hundred dollars.
Section 9. 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:
By adding at the end of Section 4 the following:
"The court in such action shall, in cases of violation in addition to any judgment awarded to the plaintiff, allow a reasonable at torney's fee not to exceed 25% of the judgment to be paid by the defendant, and costs of the action."
By striking in its entirety Section 6 and inserting in lieu thereof a new Section 6 to read as follows:

THURSDAY, FEBRUARY 17, 1966

1281

"Section 6. Arbitration. -- In the event any dispute should arise between any employer and employee covered by the provisions of this Act in relation to any subject matter which is covered by the provisions of this Act, either of the parties shall have the right to request arbitration of the dispute. The party requesting arbitration shall file written notice of his request with the op posite party, either by registered or certified mail. Within thirty (30) days after receipt of such notice, the opposite party shall either accept or reject the arbitration offer. If the offer is accepted, the employer shall appoint and select one arbiter and the employee shall select and appoint one arbiter within ten (10) days after such acceptance. The arbiters so selected shall then select a county adjoining the county in which the business of the employer is located and in which the dispute arose, and the judge of the superior court or the senior judge thereof in terms of length of service on the bench of the judicial circuit in which such selected county shall be located shall appoint a third arbiter who shall act as the chairman of the arbitration committee. The arbitration committee shall meet at such time as shall be fixed by the chairman, and, after the giving of notice of the hearing thereof to the parties concerned and affording them an opportunity to appear and be heard on the matters in dispute, shall proceed to resolve all matters contained within the request for arbitration. The decision of the arbitration committee shall be binding upon the parties affected, except that either party may appeal such decision to any court of competent jurisdiction within thirty (30) days from publication of the de-

On the adoption of the amendment to the substitute, the ayes were 43, nays 0, and the amendment to the substitute was adopted.
On the adoption of the substitute as amended, the ayes were 41, 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, Senator Gayner of the 5th 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

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Eldridge Fincher of 54th
Flowers Foster Gayner Gillis Gregory
Hall Hill Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick

Kidd Kilpatrick
Lee Loggins Maclntyre Minish Moore
McGill McKenzie Noble Owens Padgett Pennington Plunkett

Rowan Salome
Sanders Searcey Smalley Smith Thompson
Tribble Ward Webb Yancey Young

By unaniomus consent, vertication of the roll call was dispensed with.

On the passage of the bill, the ayes were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute as amended.
The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 41. 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. Laws 1964, p. 499), as amended, relating to the powers of the county boards of health, so as to provide mental health diagnostic and treatment services and home health care services for the chronically ill and for the chronically ill and aged; and for other purposes.
The House amendment was as follows:
Watkins of the 9th moves to amend the amendment to SB 41 as follows:
By striking Subsection (f) of quoted Section 1 in its entirety and substituting in lieu thereof a new Subsection (f) to read as follows:
"(f) Make contracts and establish and accept fees for the purpose of providing mental health disagnostic and treatment services and for providing, under direction and supervision of attending physicians, home health care services for the chronically ill and for the chronically ill and aged for such period of time that such home health care services are not available; provided, however, that any person otherwise eligible for such services, but

THURSDAY, FEBRUARY 17, 1966

1283

being financially unable to pay all or any part of the fee, shall be afforded the same services as provided for fee patients, and provided further, that the scope of services, operating details, contracts and fees first shall have been approved by the Board of Health of the Department of Public Health."

Senator Webb of the llth moved that the Senate agree to the House amendment to SB 41.
On the motion, the ayes were 36, nays 0.

The motion prevailed, and the House amendment was agreed to.

The following bill of the House was taken up for the purpose of considering the report of a Committee of Conference thereto:

HB 6. By Messrs. Hull of the 104th, Conger of the 89th, Jones of the 112th and many others:
A bill to comprehensively revise, supersede and modernize pretrial, trial and certain postrial procedures in civil cases; and for other purposes.

The report of the Committee of Conference was as follows:

REPORT OF COMMITTEE OF CONFERENCE ON HB NO. 6
Mr. President:
Mr. Speaker:
The Committee of Conference appointed on H. B. No. 6 respectfully reports as follows:
(1) The Committee recommends that the House recede from its position and agree to the Senate amendments to H. B. No. 6, a copy of which is attached hereto, with the following exceptions:
That the Senate recede from its position on Item 8 of the Senate amendments.
That the Senate and the House recede from their position on Item 14 of the Senate amendment and that the following be adopted:

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By striking from Section 65 (b) in the ninth line the figures and words '60 days' and inserting in lieu thereof the figures and word 45 days'; and
By striking from the last line of said Section 65 (b) the word 'that'."
That the Senate recede from its position on Item 15 of the Senate amendment.

(2) The Committee recommends that the House recede from its position and adopt the Senate amendment to Section 13 Subsection (b).

This 16th day of February, 1966.

ON BEHALF OF THE SENATE:
Robert H. Smalley, Jr. Senator, 28th District
John M. Gayner, III Senator, 5th District
Ben F. Johnson Senator, 42nd District

ON BEHALF OF THE HOUSE OF REPRESENTATIVES:
Reid W. Harris Representative, 85th District
Thomas B. Murphy Representative, 26th District
Robert H. Walling Representative, 118th District

The Committee on the Judiciary moves to amend House Bill 6 as follows:
1. By adding at the end of Section 6(a) the following:

"This subsection shall apply whether the period is measured in days, months, years, or other unit of measurement of time."

: ..: :' 2, By striking from Section 13(a), llth and 12th lines, the words "exceeds the jurisdictional limit of the court", and by substituting in lieu thereof the words: "is not within the jurisdiction of the Court".

3. By adding a period after the words "third party plaintiff" in

;

the 17th line of Section 14(a), and by inserting just before the words

: "and the third-party defendant" in said line of said section, the words:

THURSDAY, FEBRUARY 17, 1966

1285

"The plaintiff may assert any claim against the third-party arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff."

4. By striking from Section 17(a), third line, the semi-colon fol lowing the word "interest", and by substituting in lieu thereof a period, and by striking the word "but" which follows and by capitalizing the "A" in the word "An" which follows.

5. By striking subparagraph (3) of Section 23(a).

6. By adding in Section 30 (d), before the word "Granting" in the 12th line of said paragraph the word "In".

7. By designating the "Section 35" on page 41, entitled "Admission of Facts and Genuineness of Documents" as "Section 36".

8. By striking from Section 42(a), second line, the words ", if the parties consent".
9. By designating existing Section 46 as "46(a)", and by adding a new subparagraph to be known as "b", as follows:

"(b) Where motion for mistrial or other like relief is made, the question is thereby presented as to whether the moving party is entitled to the relief therein sought or to any lesser relief, and where such motion is denied in whole or in part, it shall not be necessary that the moving party thereafter renew his motion or otherwise seek further ruling by the Court."

10. By striking from Section 50(b), in the 3rd line from the end, the word "has" and by substituting in lieu thereof the word "had".

11. By striking the last sentence of Section 51 and by substituting in lieu thereof the following:
"The Court shall cause all requests to charge presented to it to be filed with the clerk, unless previously filed."

12. By striking from Section 55 (a), in the second line, the words "its appearance day", and by substituting in lieu thereof the words, "the time required by these rules", and by striking from the fifth line of said Section, the words "after the appearance day", and by substituting in lieu thereof the words "of the day of default", and by striking from the twelfth line the words "civil cases" and by substituting therefor the words "ex contractu".
13. By adding at the end of Section 60(b), the following:

"but generally judgments shall not be set aside without just cause, and in setting aside or otherwise modifying judgments, the Courts shall consider whether rights have vested thereunder, and whether or not innocent parties would be injured thereby."

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14. By striking from Section 65 (b) in the ninth line, the words "60 days" and by substituting in lieu thereof the figures and words "20 days"; and by striking from the last line of said Section 65(b), the word "that".
15. By adding immediately following Section 134, and just before Section 135, a new section, Section 134A, as follows:

"Section 134A. Ejectment. The fictitious forms of pleading in ejectment are hereby abolished. A complaint in ejectment shall be brought in the name of the party claiming title or the right of possession, and shall name as defendant, the person or persons in possession or claiming an interest therein. The complaint shall con tain an abstract of plaintiff's title or refer to the deeds by date, parties and recording information constituting plaintiff's chain of title, for at least thirty (30) years back, or else allege why such could not be done. The defendant shall in like manner identify his chain of title or right of possession for a like period, or else allege why such cannot be done. The question in ejectment shall be whose title or right of possession is superior. The plaintiff may in separate counts rely upon as many different chains of title as he may have, and a like privilege shall be accorded defendant."

16. By adding to Section 135, a new subparagraph to be known as subparagraph "(jj)", to read as follows:

"(jj). Code Sections 110-701, 110-702, 110-703, 110-704, 110706, 110-707, 110-708, 110-710 and 37-219, relating to motions in arrest, motions to set aside, petitions in equity to set aside, and other like remedies."

Senator Smalley of the 28th moved that the Senate adopt the report of the Committee of Conference to HB 6.

On the motion, the ayes were 39, nays 0.

The motion prevailed, and the report of the Committee of Conference was adopted.
The following bill of the House was taken up for the purpose of considering the report of a Committee of Conference thereto:

HB 86. By Messrs. Cook of the 123rd, Games of the 129th, Dillon of the 128th, Brown of the 120th and others:
A bill to amend an act establishing a new charter for the City of At lanta, so as to extend the corporate limits; and for other purposes.

THURSDAY, FEBRUARY 17, 1966

1287

The report of the Committee of Conference was as follows:

Mr. President:

Mr. Speaker:

The Committee of Conference appointed on H. B. No. 86 respectfully reports as follows:

(1) The Committee recommends that the House recede from its position relative to H. B. No. 86, as amended.

(2) The Committee recommends that the Senate recede from its position relative to H. B. No. 86.

(3) The Committee recommends that the attached substitute to H, B. No. 86 be adopted by both the Senate and the House of Representatives.

This 15th day of February, 1966.
ON BEHALF OF THE SENATE:
Frank E. Coggin Senator, 35th District
Leroy R. Johnson Senator, 38th District
Dan I. Maclntyre Senator, 40th District
ON BEHALF OF THE HOUSE OF REPRESENTATIVES:
Jack P. Etheridge Representative, 123rd District
Rodney M. Cook Representative, 123rd District Kiliaen V. R. Townsend Representative, 140th District
A BILL TO BE ENTITLED
An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amenda tory thereof, and for other purposes.

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JOURNAL OF THE SENATE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA and it is hereby enacted by authority of the same that an Act entitled "An Act to establish a new charter for the City of Atlanta, approved February 28, 1874," and the several Acts amendatory thereof, be further amended as follows:

Section 1. Notice of the intention to apply for the passage of this

local bill has been published in the newspaper in which the sheriff's

advertisements for Fulton County are published, namely, in the Fulton

County Daily Report, once a week for three weeks during a period of

sixty days immediately preceding its introduction in the General As

sembly. 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

the requirements of the Constitution of the State of Georgia of 1945,

relating to publication of notice of intention to apply for the passage

:

of this local legislation, have been complied with for the enactment of

this law.

Section 2. The corporate limits of the City of Atlanta are hereby enlarged and extended so as to include and embrace within the corporate limits of the City of Atlanta, as they existed on January 1, 1966, all of the following described territory:

BEGINNING at a point where the northern corporate limits of the City of Atlanta, as they existed on January 1, 1966, intersect the dividing line between Fulton and DeKalb Counties and running thence northerly and northeasterly along the dividing line between Fulton and DeKalb Counties and the dividing line between Fulton and Gwinnett Counties to the intersection of said dividing line between Fulton and Gwinnett Counties with the southern bank of the Chattahoochee River; thence in a westerly, northwesterly, southwesterly and easterly direction along and following the curvature of the said Chattahoochee River, along the southern bank of said river, to the point of intersection of said river with the southeast line of Land Lot 360 of the 6th District of Fulton County, Georgia; running thence in a southwesterly direction along the southeast lines of Land Lots 360 and 361 to the southwest corner of Land Lot 361, which point is on the line dividing the 6th and 18th Districts of Fulton County, Georgia; thence in a southeasterly direction along said District line to its point of intersection with the south line of Land Lot 362; thence in a westerly direction along the south lines of Land Lots 362 and 385 of the 18th District and Land Lots 25, 29, and 78 of the 17th District of Fulton County, Georgia, to the point of intersection of the south line of Land Lot 78 with the eastern bank of the Chattahoochee River; thence in a southwesterly and easterly direction and following the curvature of the said Chattahoochee River and along the southern bank of said river to the point of intersection of the southern bank of the Chattahoochee River with the northern corporate limits of the City of Atlanta, as they existed on January 1,
1966; thence running in an easterly direction along the northern
corporate limit lines of the City of Atlanta, as they existed on January
1, 1966, to the intersection of said northern corporate limit lines and
the dividing lines between Fulton and DeKalb Counties, the same being
the point of beginning."

THURSDAY, FEBRUARY 17, 1966

1289

Section 2-a. The corporate limits of the City of Atlanta are hereby enlarged and extended so as to include and embrace within the corporate limits of the City of Atlanta as they existed on January 1, 1966, to be a part of Ward 7 of the City of Atlanta, all of the following described territory:
In the County of Fulton, State of Georgia:

BEGINNING at the point on the present City Limits of the City of Atlanta which is common to Land Lots 14, 15, 23 and 24 of the 14th District F. F. Fulton County, Georgia; thence westerly along the northern line of Land Lot 24 to the northwest corner of said Land Lot; thence south along the line dividing Land Lots 24 and 51 to a point 1210 feet north of the southeast corner of Land Lot 51; thence west, parallel to and at a distance of 1210 feet north of the south line of said Land Lot, to the west line of said Land Lot; thence south along the line dividing Land Lots 51 and 57 and Land Lots 50 and 58, to the inter section of said Land Lot line with the north boundary of Bakers Ferry Road; thence southwest along the western and northern boundary line of Bakers Ferry Road 890 feet, more or less, to the corner of the property now owned by the State of Georgia, and known as the Georgia Training School for Girls; which point is likewise a corner of Fulton Industrial District as per the orginal boundary survey thereof by E. Boggus, Civil Engineer, on file in the office of the Director of Public Works of Fulton County; thence continuing southwest along the north westerly line of Bakers Ferry Road 600 feet to a point; thence west along the boundary line of said Fulton Industrial District 400 feet to a point; thence continuing south along said boundary line 200 feet to a point; thence southwest along said boundary line 300 feet to a point opposite the southwest corner of the intersection between Bakers Ferry Road and Boulder Park Drive, and at a distance of 250 feet northwest of Bakers Ferry Road; thence southeast 50 feet; thence southwest parallel to and at a distance of 200 feet north of Bakers Ferry Road a distance of 50 feet to a point; thence southeast, forming an interior angle of 90 degrees, a distance of 200 feet to the north side of Bakers Ferry Road; thence northeasterly along Bakers Ferry Road to a point on the north side of Bakers Ferry Road which is opposite the inter section of Bakers Ferry Road with the southwest corner of Boulder Park Drive; thence southeasterly and easterly along the south property line of Boulder Park Drive to a point 660 feet west of the northeast corner of Land Lot 59; thence south on a line parallel to and at a distance of 660 feet west of the east line of Land Lot 59, a distance of 660 feet to a point; thence east on a line parallel to and at a dis tance of 660 feet south of south property line of Boulder Park Drive, a distance of 660 feet to a point on the east line of Land Lot 59, which point is 660 feet south of the northeast corner of said Land Lot 59; thence south along the line dividing Land Lot 59 from Land Lot 49 to the southwest corner of Land Lot 49; thence east along the south line of Land Lot 49 to its point of intersection with the northeast right-ofway of the Atlantic Coast Line Railroad (branch line) ; thence south easterly, southerly and southeasterly along the right-of-way of said railroad to its point of intersection with the west line of the right-of-way of the main line of the ACL Railroad, said point of intersection being located in Land Lot 10 of the 14th District FF., now Fulton County; thence northeasterly and northerly along the western right-of-way line of said main line of the ACL Railroad to its point of intersection with

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JOURNAL OF THE SENATE,

the southern boundary line of Sewell Road, said intersection being lo cated in Land Lot 12 of the 14th District F.F., now Fulton County; thence easterly and southeasterly along the southerly side of Sewell Road to the present city limits of the City of Atlanta in Land Lot 246 of the 14th District of Fulton County; thence northeasterly, easterly, northerly, westerly, southerly, westerly and northerly along the present city limits of the City of Atlanta to the point of beginning.

Section 3. Said described territories shall become a part of the City of Atlanta effective 12:01 A.M. on the first day of January, 1967.
Section 4. When the territory described in Section 2 or Section 2-a above becomes a part of the City of Atlanta, it shall likewise be come a part of the independent school system of Atlanta and school property located within said territory shall become the property of said City.
Section 5. Said described territory in Section 2 shall be designated as Ward #9 of the City of Atlanta and said Ward shall include all of the territory annexed to the City of Atlanta by Section 2 of this Act.

Section 6. The provisions of the charter of the City of Atlanta as found in Section 4.3.1 of Volume I of the 1965 Code of the City of At lanta, as amended, (Ga. Laws 1952, p. 2635) is hereby further amended by striking the words, "eight" and "1954" from the second line thereof and substituting therefor the words, "nine" and "1967" so that said section when so amended shall read in part as follows:

"Effective January 1, 1967, the number of wards in the City is hereby fixed at nine and divided and constituted as follows . . ."

Section 7. That Section 6.1.2 of Volume I of the 1965 Code of Ordinances of the City of Atlanta (Ga. Laws 1952, p. 2635) be and the same is hereby amended by striking therefrom the word "eight" and substituting the word "nine" from the first sentence of said section, so that said first sentence of said section shall read as follows:

"The board of education of the City of Atlanta shall consist of one member from each of the nine wards of the city, who shall be a resident of the ward and in addition thereto there shall be elected one member from the city at large."

Section 8. All powers and authority of the City of Atlanta under its charter and ordinances and all laws appertaining to said city as a municipality are hereby extended over and made effective in every part of the territory included within the limits above described. The power and authority of the officers of the city are made coextensive with the limits as extended by this Act; and all other rights and powers neces sary to carry out and enforce the laws and ordinances governing said City of Atlanta, the power of taxing property and regulating business; to assess, issue executions for, and, in cases of default, sell the property upon which taxes are due, as now prescribed by charter and the laws and ordinances of the City of Atlanta, are extended to all the limits included under the terms of this Act. The power of the police depart-

THURSDAY, FEBRUARY 17, 1966

1291

ment, city tax assessors and receivers, building inspector, treasurer, clerk of council, recorder, and all other officers of the City of Atlanta are extended to the new limits as fully and completely as they now exist within the former limits under the present charter, the laws and ordinances governing the City of Atlanta. Said new territory is like wise made subject to all the bonds heretofore issued by the City of Atlanta, and is bound for the payment of such bonds equally with the other territory comprising the City of Atlanta.

Section 9. The legal title to all real property owned by Fulton County within the areas described in Section 2 and Section 2-a herein, which is dedicated to the public purposes of said Fulton County, save and except those properties dedicated to use as facilities of the Health Department, and subject to approval of this Act by referendums, shall, on January 1, 1967, pass to the City of Atlanta with all rights and appurtenances thereto and subject to all liens and encumbrances there on, unless conveyed by deed to said City of Atlanta at an earlier date. If no earlier conveyance is made, the proper authorities of Fulton Coun ty are directed to execute an deliver to the City of Atlanta on January 1, 1967, or as soon thereafter as practicable, such legal papers as are necessary to transfer the title of said property to the City of Atlanta, but such papers shall not be necessary to constitute conveyance of the legal title.
Section 10. It shall be the duty of the Mayor and Board of Alder men to call an election within the area designated in Section 2 hereof on the Tuesday next following the first Monday in November, 1966 for the purpose of electing two aldermen and one member of the Board of Education to represent said ward on the Board of Aldermen and the Board of Education until their successors shall have been duly elected at the next general election to be held in and for the City of Atlanta, as provided by the charter of said City. The members of the municipal governing authority added by this amendment must be elected by a majority vote of the qualified voters within the area described in said Section 2 of this Act who vote in said election.

Section 11. After the approval of this Act by the Governor, or after it otherwise becomes law, it shall be be the duty of the Ordinary of Fulton County to issue the call for an election for the purpose of submitting this Act to the voters of each of the areas described in Sections 2 and 2-a hereof for separate approval or rejection. The call for such election shall be issued by the Ordinary of Fulton County sometime during the month of March, 1966. The Ordinary of Fulton County shall set the date of such election for the second Wednesday in May, 1966. The Ordinary of Fulton County shall cause the date and purpose of the election to be published once a week for two weeks im mediately preceding the date thereof, in the official organ of Fulton County. The ballot shall have written or printed thereon the words:

1.
"For approval of the Act changing the corporate limits of the City of Atlanta by adding thereto a new area commonly known as the 'Sandy Springs Area'; and the election of two aldermen and a member of the Board of Education for said area."

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JOURNAL OF THE SENATE,

"Against approval of the Act changing the corporate limits of the City of Atlanta by adding thereto a new area commonly known as the 'Sandy Springs Area'; and the election of two aldermen and a member of the Board of Education for said area."

2.

"For approval of the Act changing the corporate limits of the City of Atlanta by adding thereto a new area commonly known as the 'Adamsville Area'; and its inclusion in the 7th Ward of the City of Atlanta."

"Against approval of the Act changing the corporate limits of the City of Atlanta by adding thereto a new area commonly known as the 'Adamsville Area'; and its inclusion in the 7th Ward of the City of Atlanta."

All persons desiring to vote in favor of this Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. All persons registered to vote in the areas described in Section 2 or Section 2-a more than thirty (30) days prior to said referendum shall be qualified to vote in the referendum election in their respective areas. The votes of the persons in the areas described in Section 2 and 2-a hereof shall be counted separately. In the event a majority of those persons voting in such referendum election vote in favor of questions I and 2 in the areas described in Section 2 and 2-a, this Act shall become of full force and effect as to both areas, or as to either area which received a majority vote in said election. If either or both of said questions shall not be approved as provided above, this Act shall be void and of no force and effect as to the area disappoved.

Section 12. Upon approval by a majority of the persons voting in said referendum election in either or both areas described as to either or both such areas, it shall then be the duty of the Mayor of the City of Atlanta to appoint a committee for each area in which the referendum election is approved, such committees to be composed of ten persons, five of whom shall be residents of the area involved, which committees shall serve as advisory bodies to implement and bring about an orderly transition of the governmental functions of the described territories into the City of Atlanta. Said committees shall serve without pay and shall be reimbursed for necessary travel and clerical expenses by the City of Atlanta.
Section 13. All laws and parts of laws in conflict herewith are hereby repealed.

Senator Thompson of the 34th moved that the Senate adopt the report of the Committee of Conference to HB 86.

On the motion, the ayes were 36, nays 0, and the report of the Committee of Conference was adopted.

THURSDAY, FEBRUARY 17, 1966

1293

The following message was received from the House through Mr. Ellard the Clerk thereof:

Mr. President:

The House has agreed to the Senate amendments to the following bills of the House to-wit:

HB 745. By Messrs. Fleming and Simkins of the 106th and others:
A bill to establish the office of Building Inspector for Richmond Coun ty; and for other purposes.

HB 552. By Messrs. Hull of the 104th and DeLong of the 105th:
A bill to amend an act so as to change the compensation of certain employees of the Sheriff's office in certain counties, and for other pur poses.

HB 283. By Mr. Pickard of the 112th:
A bill to amend Code Section 34-1006 relating to qualification of candi dates; and for other purposes.

HB 4. By Messrs. Smith of the 90th, Busbee of the 79th and others:
A bill to provide for the classification of motor vehicles as a separate and distinct class of tangible property for ad valorem tax purposes and to adopt a different rate; and for other purposes.

HB 149. By Messrs Smith of the 90th, Hale of the 1st and others:
A bill to amend an act reorganizing the State Department of Law so as to provide for the appointment, employment and removal of certain employees; and for other purposes.

HB 468. By Mr. Conger of the 89th: A bill to repeal Code Section 92-7002 so as to provide that beginning March 1, 1968 it shall be the duty of the State Revenue Commissioner to examine the tax digests of the several counties; and for other pur poses.
The House has agreed to the following substitutes of the Senate to the fol lowing bills of the House to-wit:
HB 202. By Messrs. Dollar of the 89th, Richardson of the 116th and others: A bill to amend an act so as to change the membership comprising the Georgia Ports Authority; and for other purposes.

1294

JOURNAL OF THE SENATE,

HB 484. By Mr. Black of the 56th:
A bill to amend an act so as to authorize the governing authority of Chattahoochee County to fix the compensation of the sheriff within a certain salary range; and for other purposes.

The House has passed by amendment the following bill of the Senate to-wit:

SB 78. By Senators Rowan of the 8th and Jackson of the 16th:
A bill to provide for pre-need funeral service contracts; to provide a declaration of policy; to provide for definitions; to provide for the ad ministration and enforcement of this Act by the Comptroller General; to provide for forms and regulations; to provide for certificates of authority; and for other purposes.

The following bill of the House was taken up for the purpose of considering a House amendment to a Senate amendment thereto:

HB 468. By Mr. Conger of the 89th: A bill to repeal Code Section 92-7002 providing that it shall be the duty of the State Revenue Commissioner to examine the tax digest of the several counties; to amend Code Chapter 92-70 providing the duties of the State Revenue Commissioner relative to the tax digest of the several counties; so as to provide that beginning March 1, 1968 it shall be the duty of the State Revenue Commissioner to examine the tax digests of the several counties; and for other purposes.
The House amendment to the Senate amendment was as follows:
Mr. Conger of the 89th moves to amend the Senate amendment to House Bill No. 468 by striking the third amendment thereto.
Senator Smalley of the 28th moved that the Senate agree to the House amendment to the Senate amendment to HB 468.

On the motion, the ayes were 30, nays 0.

The motion prevailed, and the House amendment to the Senate amendment was agreed to.
The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

THURSDAY, FEBRUARY 17, 1966

1295

SB 237. By Senator Webb of the llth:
A bill to fix, allow and provide for the compensation of the sheriff of Miller County; to provide that all fees, fines, forfeitures, costs, com missions, allowances, penalties, funds, moneys, and all other emoluments and perquisites of said sheriff shall become the property of the county with certain exceptions; to repeal specific laws; and for other purposes.

The House amendment was as follows:

Local Affairs Committee moves to amend SB 237 as follows: By striking from Section 6 (a) the figure "$6,000.00" and insert
ing in lieu thereof the figure "$4,800.00".
By striking Section 7 (b) in its entirety and substituting in lieu thereof a new Section 7 (b) to read as follows:
" (b) The governing authority of Miller County shall provide a maintenance allowance of $1,200.00 per annum for gas, oil, upkeep and repairs of said automobile."

Senator Webb of the llth moved that the Senate agree to the House amend ment to SB 237.

On the motion, the ayes were 30, nays 0, and the House amendment was agreed to.

SR 71. By Senators Broun of the 46th and Kilpatrick of the 44th:
A resolution requesting the creation of a National Committee to study the problems of motor vehicle identification; and for other purposes.

The Committee on Rules offered the following substitute:
A RESOLUTION
Requesting the creation of a National Committee to study the prob lems of motor vehicle identification; and for other purposes.
WHEREAS, the State of Georgia, as well as her sister states, is vitally concerned with the tremendous increase in the number of auto mobile thefts; and
WHEREAS, national leaders in the area of law enforcement have predicted that unless the trend is reversed, by 1970 over one million motor vehicles will be stolen, and last year the National Auto Theft Bureau reported that auto thefts have increased by twelve (12%) per cent; and
WHEREAS, the problem of vehicle identification is directly related to the successful apprehension and prosecution of automobile thefts and the return of stolen motor vehicles to their rightful owners; and

1296

JOURNAL OF THE SENATE,

WHEREAS, this is best accomplished by some sort of permanent numbering system of motor vehicles and their major components; and

WHEREAS, as a result of its investigation, the State of Georgia has this year enacted a packet of laws dealing with the problem, and, one of these laws requires that all motor vehicles, motor vehicle engines, transmissions, differentials and frames bear permanent identification markings; and
WHEREAS, the State of Georgia feels that this is an area of national concern, and has attempted to work as closely as possible with the automobile manufacturers, and has had several meetings with these manufacturers, and the manufacturers have suggested and requested the creation of a National Vehicle Investigation Committee to be com posed of representatives of the American Association of Motor Vehicle Administrators, the International Association of Chiefs of Police, the International Association of Automobile Theft Investigators, the Na tional Automobile Theft Bureau, the Federal Bureau of Investigation, the National Automobile Dealers Association, Automobile Manufac turers Association and members of the interim Senate committee, when requested, and the manufacturers have pledged their whole-hearted support and facilities to the successful operation of such a committee.

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the State of Georgia requests that a National Committee of Ve hicle Identification Standards be created. Said Committee should be composed of representatives from the American Association of Motor Vehicle Administrators, the International Association of Chiefs of Police, the International Association of Automobile Theft Inevstigators, the National Automobile Theft Bureau, the Federal Bureau of Investi gation, the National Automobile Dealers Association, the Automobile Manufacturers Association and the members of the interim Senate committee, when requested. The Committee would seek agreement on truly effective means and methods of identifying motor vehicles and vehicle parts, and the Committee should set a goal of December 31, 1966, to promulgate and formulate a uniform procedure relating to motor vehicle identification through a process of permanent identifying marks or other permanent methods, and to report the results thereof to this body.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit an appropriate copy of this Resolution to each of our sister states, the American Association of Motor Vehicle Administrators, the International Association of Chiefs of Police, the International Association of Automobile Theft Investiga tors, the National Automobile Theft Bureau, the Federal Bureau of Investigation, the National Automobile Dealers Association and the Automobile Manufacturers Association.

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 adoption of the resolution by substitute, was agreed to.

THURSDAY, FEBRUARY 17, 1966

1297

On the adoption of the resolution, the ayes were 34, nays 0.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

Senator Downing of the 1st moved that the Senate reconsider its action on following resolution of the House:

HR 287. By Messrs. McCracken of the 49th, Phillips of the 41st, Sherman and DeLong of the 105th, Dollar of the 89th and others:
A resolution creating the Rivers and Harbors Development Commis sion of the State of Georgia; and for other purposes.

On the motion to reconsider, the ayes were 17, nays 15, and the motion pre vailed.

Senator Webb of the llth gave notice that at the proper time he would move that the Senate reconsider its action on on the following bill of the House:

HB 247. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend an act creating a Department of Public Safety, so as to provide for the issuance of honorary drivers' licenses without cost to certain veterans of this State or certain servicemen of this State; and for other purposes.
HB 500. By Messrs. Matthews of the 94th and Overby of the 16th:
A bill to provide a supplemental appropriation of additional funds which are otherwise available to the Department of Labor for the purpose of providing suitable offices for use by the Employment Se curity Agency in the Department of Labor for the procurement of lands and business therefor; and for other purposes.

. The report of the committee, which was favorable to the passage of the bill, was agreed to.

The bill involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators;

Adams Ballew Bateman

Broun Carter Coggin

Dean Downing Edenfield

1298
Eldridge Fincher of 51st Fincher of 54th Flowers Gayner Gillis Gregory Hill Holley Holloway Jackson Johnson of 42nd Kendrick

JOURNAL OF THE SENATE,

Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie Noble Owens Padgett

Pennington Plunkett Rowan Searcey Smalley Spinks Thompson Tribble Ward Webb Yancey Young

By unanimous consent, verification of the roll call was dispensed with.

On the passage of the bill, the ayes were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 664. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and
Harris of the 118th: A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1966, and for the fiscal year ending June 30, 1967, in addition to any other appropriations heretofore or here after made for the operation of the agency of the State provided for herein; and for other purposes.

The Committee on Appropriations offered the following amendment:
Amend HB 664 by striking section 2 in its entirety and inserting in lieu thereof the following:
"All expenditures and appropriations made and authorized under this act shall be according to the objects and for the programs and activities as specified herein, provided, however, the director of the budget is authorized to make internal transfers within a budget unit between objects and programs subject to the condition that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation, nor which would require operating funds or capital outlay funds beyond the current biennium."

On the adoption of the amendment, the ayes were 28, nays 0, and the amend ment was adopted.

THURSDAY, FEBRUARY 17, 1966

1299

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 Eldridge Fincher of 51st Fincher of 54th Flowers Gayner Gillis Gregory

Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie

Noble Owens Padgett Pennington Plunkett Rowan Searcey Smalley Spinks Thompson Tribble Ward Webb Yancey Young

By unanimous consent, verification of the roll call was dispensed with.

On the passage of the bill, the ayes were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
HB 691. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th: A bill to amend an act providing appropriations for the State Govern ment for the fiscal year 1965-66 and the fiscal year 1966-67 so as to reduce the appropriation for the Governor's Emergency Fund; to in crease the appropriation for the State Board of Correction; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The bill involving an appropriation, a roll call was ordered, and the vote was as follows:

1300

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Adams Ballew Bateman Broun Carter Coggin Dean Downing Edenfield Eldridge Fincher of 51st Fincher of 54th Flowers Gayner Gillis Gregory

Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie

Noble Owens Padgett Pennington Plunkett Rowan Searcey Smalley Spinks Thompson Tribble Ward Webb Yancey Young

By unanimous consent, verification of thet roll call was dispensed with.

On the passage of the bill, the ayes were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position and has appointed a Committee of Con ference and requests that a similar committee be appointed on the part of the Senate to the following bills of the Senate to-wit:

SB 88. By Senators Holley of the 22nd and others:
A bill to provide for the incorporation of regulated certificated banks; and for other purposes.

SB 89. By Senator Holley of the 22nd:
A bill to amend Code Section 13-204 relating to private banks and bankers; and for other purposes.

The Speaker of the House has appointed as a Committee of Conference on the part of the House, the following members: Messrs. NeSmith of the 43rd, Land of the 53rd and Knight of the 60th.

THURSDAY, FEBRUARY 17, 1966

1301

The House insists on its position in amending the following bill of the Sen ate, and has appointed as a Committee of Conference and requests that a similar committee be appointed on the part of the Senate:

SB 25. By Senators Broun of the 46th, Kilpatrick of the 44th and others:
A bill to provide for the submission of certain information to the De partment of Public Safety, Bureau of Investigation; and for other purposes.

The Speaker of the House has appointed as a Committee of Conference on the part of the House, the following members: Messrs. Murphy of the 26th, Paris of the 23rd and Bagby of the 21st.

Senator Hill of the 29th, Chairman of the Committee on Senate Administra tive 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 105. Respectfully submitted, Hill of the 29th District, Chairman.

HB 566. By Messrs. Dailey of the 66th, Odom of the 79th, Reid of the 32nd and Murphy of the 26th:
A bill to amend an act which comprehensively and exhaustively revised, superseded and consolidated the laws relating to the State Board of Corrections and to prisons, so as to change the salary of the Director of Corrections; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 42, nays 6.

The bill, having received the requisite constitutional majority, was passed.

1302

JOURNAL OP THE SENATE,

Senator Dean of the 6th asked unanimous consent that he be recorded as voting no.

Senator Webb of the llth moved that the Senate do now adjourn until 9:00 o'clock tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 9:00 o'clock tomorrow morning.

FRIDAY, FEBRUARY 18, 1966

1303

Senate Chamber, Atlanta, Georgia, Friday, February 18, 1966.

The Senate met pursuant to adjournment at 9:00 o'clock this morning, and was called to order by the president.
Scripture reading was offered by Dr. William Suttles, vice-president of Georgia State College, Atlanta, Georgia.
Prayer was offered by Father Joseph Beltran, pastor, St. Peters Church, LaGrange, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Senator Webb of the llth asked unanimous consent that he delay his motion to consider the following bill of the House:
HB 247. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th: A bill to amend an act creating a Department of Public Safety, so as to provide for the issuance of honorary drivers' licenses without cost to certain veterans of this State or certain servicemen of this State; and for other purposes.
The consent was granted.
Senator Johnson of the 38th asked unanimous consent that the Senate recon sider its action on the following bill of the House:
HB 83. By Mr. Alexander of the 133rd: A bill to provide that certain persons accused of crimes, with their consent, be put on probation after the finding but before an adjudica tion of their guilt; and for other purposes.
The consent was granted.
Senaotr Hill of the 29th reported that the journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

1304

JOURNAL OF THE SENATE,

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, in such order as the presiding officer may in his discretion choose.

The consent was granted.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House agrees to the Senate amendment to the following bill of the House to-wit:

HB 472. By Mr. Stovall of the 17th:
A bill to amend an act creating a board of commissioners of roads and revenues of Madison County, so as to provide that certain personnel personally objected to by the chairman shall not be employed by the board; and for other purposes.

The House agrees to the Senate substitute to the following bill of the House to-wit :

HB 85. By Mr. Jones of the 112th:
A bill to regulate charges and interest on loans secured by secondary mortgages on certain residential property subject to a prior lien or mortgage; and for other purposes.

The House insists on its position and has appointed a committee of Con ference and requests that a similar committee be appointed on the part of the Senate to the following bill of the House to-wit:

HB 68. By Messrs. Steis of the 100th, Jones of the 76th, Minge and Starnes of the 13th, Fulford of the 67th and others:
A bill to amend an act relating to Supreme Court and Judges of Court of Appeals, so as to change the salaries of the Justices of the Supreme Court and the Judges of the Court of Appeals; and for other purposes.

FRIDAY, FEBRUARY 18, 1966

1305

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills and resolutions of the Senate to-wit:

SB 68. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd and others:
A bill to provide that any bill relative to any retirement, pension or emeritus system or any other similar system, must be introduced in the General Assembly during the first ten days of any session thereof; and for other purposes.

SB 73. By Senators Webb of the llth and Jackson of the 16th:
A bill to amend Code Title 88, known as the Georgia Health Code, relating to Grants for Medical Facilities; and for other purposes.

SB 11. 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; and for other purposes.

SB 90. By Senators Smalley of the 28th and Gayner of the 5th:
A bill to amend Code Chapter 84-11, relating to the practice of optometry, as amended, particularly by an act approved March 22, 1963, (Ga. Laws 1963, p. 214) ; to repeal conflicting laws; and for other purposes.

SB 77. By Senators Rowan of the 8th and Jackson of the 16th:
A bill to amend an act creating the Ga. State Board of Funeral Services and regulating the practice of embalming and funeral directing, as amended, so as to provide for the licensing of funeral establishments; to provide for applications; to provide for suspension and revocation of licenses; and for other purposes.

SB 135. By Senator Webb of the llth:
A bill to amend an act establishing a retirement system in the State Public Schools, as amended; and for other purposes.

1306

JOURNAL OF THE SENATE,

SB 97. By Senators Edenfield of the 4th, Kilpatrick of the 44th, Hall of the 52nd, and others:
A bill to provide that the campus policemen and other security per sonnel of the University System of Georgia who are regular employees of said system shall have the power to make arrests for offenses com mitted upon any property under the jurisdiction of the Board of Regents of the University System of Georgia; and for other purposes.

SB 126. By Senator Kilpatrick of the 44th:
A bill to amend Code Section 59-120 relating to the compensation of jurors and court bailiffs, as amended, so as to change the maximum amount allowable for court bailiffs; and for other purposes.

SB 92. By Senators Dean of the 6th, Searcey of the 2nd and Hall of the 52nd: A bill to authorize, direct and empower the standards that should be required of Day Care Centers operated and maintained to furnish a training program and to care for the mentally retarded; and for other purposes.
SB 93. By Senators Rowan of the 8th and Pennington of the 45th: A bill to provide for inspection of colonies of honeybees by the State Department of Agriculture; and for other purposes.

SB 123. By Senators Kendrick of the 32nd and Searcey of the 2nd:
A bill to repeal Code Chapter 32-17, relating to the requirement that the curriculum of all public schools contain instruction in the promo tion and encouragement of the conservation and protection of various forms of useful wildlife and the forests; and for other purposes.

SB 144. By Senators Carter of the 14th and Plunkett of the 30th:
A bill to amend an act creating the Georgia State Scholarship Com mission, as amended, so as to provide that the Georgia State Scholar ship Commission shall be an agency within the Executive Branch of State Government and shall be a budget unit of the State Government; and for other purposes.

SB 145. By Senators Carter of the 14th and Plunkett of the 30th:
A bill to amend an act creating a non-profit corporation known as the Georgia Higher Education Assistance Corporation, as amended, so as to provide that the Georgia Higher Education Assistance Corporation shall be a budget unit of the State of Georgia; and for other purposes.

FRIDAY, FEBRUARY 18, 1966

1307

SR 55. By Senators Plunkett of the 30th, Webb of the llth, and Johnson of the 42nd:
A resolution authorizing a statue, bust or other memorial of Walter Franklin George to be placed in the halls of the Capitol of the State of Georgia.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed as amended the following bills of the Senate to-wit:

SB 127. By Senators Yancey of the 33rd, Kilpatrick of the 44th and Edenfield of the 4th:
A bill to provide that the judge or judges of every court of this State having jurisdiction of the violation of traffic laws or traffic ordi nances, which violations occur outside corporate limits of municipalities, may provide by written order for the establishment of a Traffic Viola tions Bureau; and for other purposes.

SB 171. By Senators Johnson of the 42nd, Miller of the 43rd, Sanders of the 41st, and others:
A bill to amend the Metropolitan Atlanta Rapid Transit Authority Act of 1965 (Ga. Laws 1965, p. 2243) by repealing certain provisions therein with respect to the Interim Study Commission and the holding of referenda; and for other purposes.

SB 2. By Senator Bateman of the 27th:
A bill to amend Code Section 59-112, relating to persons exempt from jury duty, as amended, so as to provide the persons who shall be entitled to exemption from all jury duty; to provide the procedure con nected therewith; to repeal conflicting laws; and for other purposes.

SB 33. By Senators Broun of the 46th, Minish of the 48th, Kilpatrick of the 44th, and others:
A bill to create a State Board of Registration for Used Motor Vehicle Parts Dealers, Motor Vehicle Dismantlers, and Motor Vehicle Rebuilders; and for other purposes.

SB 130. By Senators Johnson of the 38th, Wesberry of the 37th, Ward of the 39th and others:
A bill to amend Code Chapter 92-63, relating to the compilation of tax returns and the preparation of tax digests by the tax receivers, so as to delete therefrom the requirement that the names of colored taxpayers be compiled separately on the tax digest; and for other purposes.

1308

JOURNAL OF THE SENATE,

SB 183. By Senators Webb of the llth, Smith of the 18th, Gillis of the 20th and Rowan of the 8th:
A bill to create Fiscal Affairs Sub-committees of the Senate and the House of Representatives; to provide for the composition, duties, powers and meetings of such subcommittees; to provide for funds; to repeal conflicting laws; and for other purposes.

SB 157. By Senators Padgett of the 23rd and Holley of the 22nd:
A bill to provide that in all counties of this State having a certain population the senior judge of the superior court of said counties shall be authorized and empowered to appoint a jury clark to serve at the pleasure of said judge; and for other purposes.

The House has passed by substitute the following bills of the Senate to-wit:

SB 14. By Senator Sanders of the 41st:
A bill to provide that any person who is 18 years of age or older and who is married may bind himself by contract as though said person were 21 years of age or older, and said contract shall be enforceable as though said person were 21 years of age or older; and for other purposes.

SB 45. By Senator Kendrick of the 32nd:
A bill to amend Code Section 32-904, relating to the compensation of members of county boards of education, as amended, so as to change the compensation of board members; and for other purposes.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed as amended the following bill of the Senate:

SB 19. 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" to provide for taxing on alcoholic beverages in municipalities; and for other purposes.

The House has passed by substitute the following bill of the Senate:

FRIDAY, FEBRUARY 18, 1966

1309

SB 1. By Senator Webb of the llth:
A bill to provide that the holding, owning, having in possession of or paying the tax for a wagering occupational tax stamp or a coin oper ated gambing tax shall be prima facie evidence; and for other purposes.

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 Government 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 478. Do Pass as Amended.
Respectfully submitted,
Gayner of 5th District,
Chairman.

Mr. Smalley of the 28th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bills of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 270. Do Pass. HB 272. Do Pass. HB 273. Do Pass by Substitute.
Respectfully submitted, Smalley of 28th District, Chairman.

Mr. Rowan of the 8th District, Secretary of the Committee on Rules, sub mitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following bills and resolutions of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SR 103. Do Pass as Amended. SR 106. Do Pass.

1310

JOURNAL OF THE SENATE,

HB 76. Do Pass. HB 77. Do Pass. HB 651. Do Pass. HR 20. Do Pass. HR 166. Do Pass. HR 347. Do Pass. HB 642. Do Pass.

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 consideration the following bills and resolutions of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 211. Do Pass. HB 212. Do Pass. HB 213. Do Pass. HB 214. Do Pass. HB 215. Do Pass as Amended. HB 568. Do Pass. HB 633. Do Pass by Substitute. HB 712. Do Pass by Substitute. HB 731. Do Pass. HB 766. Do Pass as Amended. HB 769. Do Pass. HR 204. Do Pass. HB 339. Do Pass by Substitute. HB 708. Do Pass. HB 759. Do Pass as Amended. HB 768. Do Pass. HB 771. Do Pass.

FRIDAY, FEBRUARY 18, 1966

1311

HB 774. Do Pass. HB 775. Do Pass. HB 776. Do Pass. HB 778. Do Pass. HB 781. Do Pass. HB 782. Do Pass. HB 783. Do Pass. HB 61. Do Pass. HB 62. Do Pass. HB 318. Do Pass. HB 541. Do Pass. HB 622. Do Pass. HB 658. Do Pass. HB 672. Do Pass. HB 722. Do Pass. HB 723. Do Pass. HB 726. Do Pass. HB 732. Do Pass as Amended. HB 746. Do Pass. HB 748. Do Pass. HB 749. Do Pass. HB 750. Do Pass. HB 751. Do Pass. HB 754. Do Pass. HB 760. Do Pass. HB 761. Do Pass. HB 762. Do Pass. HB 763. Do Pass. HB 765. Do Pass. HB 773. Do Pass. HE 156. Do Pass. HR 321. Do Pass. HR 326. Do Pass. HR 327. Do Pass.

1312

JOURNAL OF THE SENATE,

HB 13. HB 320. HB 341. HB 571. HB 597. HB 598. HB 603. HB 617. HB 637. HB 694. HB 709. HB 784. HB 785. HB 787. HB 788. HB 789. HB 770. HB 779. HB 780.

Do Pass by Substitute. Do Pass by Substitute. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass as Amended. Do Pass by Substitute. Do Pass. Do Pass by Substitute. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass.

HR 153. Do Pass.

HR 225. Do Pass.

HR 320. Do Pass.

HR 345. Do Pass.

Respectfully submitted, Downing of 1st District, Chairman.

Mr. Salome oi the 36th District, Chairman of the Committee on Temperance, submitted the following report:
Mr. President:
Your Committee on Temperance 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 752. Do Pass. Respectfully submitted, Salome of 36th District, Chairman.

FRIDAY, FEBRUARY 18, 1966

1313

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 has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
HB 319. Do Pass.
HB 408. Do Not Pass. Respectfully submitted,
Lee of 47th District,
Secretary.

Mr. Plunkett of the 30th District, Chairman of the Committee on Retire ment, submitted the following report:
Mr. President:
Your Committee on Retirement 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 51. Do Pass. Respectfully submitted, Plunkett of 30th District, Chairman.

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 recommendations:
HB 530. 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:

1314

JOURNAL OF THE SENATE,

Mr. President:

Your Committee on Appropriations has had under consideration the fol lowing resolution of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HR 323. Do Pass.
Respectfully submitted,
Gillis of 20th District,
Chairman.

The following local uncontested bills and resolutions, favorably reported by the committees, were read the third time, and put upon their passage:

HB : 13. By Messrs. Lambros of the 130th, Dillon of the 128th, Hood of the 124th and others:
A bill establishing a Municipal Court of the City of Atlanta, so as to provide for a standard and uniform cost bill; and for other purposes.

The Committee on County and Municipal Governments offered the following substitute:
A BILL

To be entitled an act to amend an act approved August 20, 1913

(Ga. L. 1913, pp. 145-177 inclusive), establishing a Municipal Court of

the City of Atlanta per authority of the amendment to Paragraph 1

of Section 7 of Article 6 of the Constitution of the State of Georgia

ratified October 2, 1912, relating to the abolition of justice courts and

'

the office of justice of the peace and of notary public ex-officio Justice

of the Peace in the City of Atlanta, and all acts amendatory thereto,

by repealing Section Fourty-Pour (44) of said act providing for a cost

deposit in the sum of two ($2.00) dollars to be paid to the clerk by the

party filing or commencing any proceeding in the said court, and

further providing for a pauper's affidavit in lieu of said deposit and

for the recovery back of said deposit under certain conditions; and

inserting in lieu thereof a new section, to be known as Section Forty-

Four (44), which shall provide for a cost deposit in various sums to

be paid to the clerk by the party filing or commencing any proceeding

in the said court, providing for a pauper's affidavit in lieu of said

deposit, providing for the recovery back of the said deposit under cer

tain conditions, and providing for the payment of a subsidy for the

publication of the calendars of the said court payable by the Commis

sioners of Roads and Revenues of Fulton County to the newspaper

publishing legal notices for the Sheriff of Fulton County in the sum

of three hundred fifty ($350.00) dollars per week for each week during

which the said newspaper publishes the calendars of the said court; and

by repealing Section Forty-Nine (49) of the said act which provides

FRIDAY, FEBRUARY 18, 1966

1315

for the cost which shall be charged and collected by the clerk and marshall of said court for their various respective functions, and in serting in lieu thereof a new section, to be known as Section FortyNine (49), which shall provide for a standard and uniform cost bill and for other purposes.

Be it and it is hereby enacted by the General Assembly of Georgia:

Section 1. That Section Forty-Four (44) of the Act approved August 20, 1913 (Ga. L. 1913, pp. 145-177 inclusive), and all acts amendatory thereto, and especially Section 11 of an act approved March 12, 1956 (Ga. L. 1956, p. 3281), be and the same are hereby repealed and stricken in their entirety, and a new section inserted in lieu thereof, to be known as Section Forty-Four (44), which shall be come effective April 20, 1966, and to read as follows:

"Section 44. Be it further enacted by the authority aforesaid, that each party filing a suit or proceeding of any character, except a gar nishment proceeding, in the Civil Court of Fulton County shall deposit with the clerk of said court at the time of filing or commencing such proceeding the sum of six ($6.00) dollars plus two ($2.00) dollars for each defendant more than one, provided, however, where the principal amount involved is more than one hundred ($100.00) dollars the deposit shall be twelve ($12.00) dollars plus two ($2.00) for each defendant more than one. And each party filing a garnishment proceeding shall deposit with the clerk of said court at the time of filing or commencing the garnishment proceeding the sum of five ($5.00) dollars plus two ($2.00) dollars for each summons more than one, provided, however, where the principal amount involved is more than one hundred ($100.00) dollars the deposit shall be ten ($10.00) dollars plus two ($2.00) dol lars for each summons more than one. Provided, however, that such aforesaid deposit shall not be required of any person who shall subscribe an affidavit to the effect that from poverty he is unable to pay the same, and provided, further, that if the party making such deposits finally prevails in such proceeding, the amount of deposit shall be taxed as part of the costs against the losing party, and, if recovered, shall be refunded to the party depositing the same, after all costs have been paid. And that, upon the tenth day of each succeeding month, the Board of Commissioners of Roads and Revenues of Fulton County shall pay over unto the publisher of the newspaper which publishes legal notices for the Sheriff of Fulton County a publication subsidy in the sum of three hundred fifty ($350.00) dollars per week for each week in which the said newspaper publishes the calendars of the said court during the preceding month, as compensation for the printing and publication of the said calendars."

Section 2. That Section Forty-Nine (49) of the act approved August 20, 1913 (Ga. L. 1913, pp. 145-177 inclusive), and all acts amendatory thereto and especially Section 14 of an act approved March 12, 1956 (Ga. L. 1956, p. 3283), and the act approved February 11, 1952 (Ga. L. 1952, p. 2300), be and the same are hereby repealed and stricken in their entirety, and a new section inserted in lieu thereof, to be known as Section Forty-Nine (49), which shall become effective April 20, 1966, and to read as follows:

1316

JOURNAL OF THE SENATE,

"Section 49. Be it further enacted by the authority aforesaid, that costs shall be charged and collected by the clerk and marshal of said court as follows:

CLERK

Except as hereinafter provided, the total cost, including the first judgment and fi. fa., for all suits or proceedings of any character, except garnishment proceedings, irrespective of how they shall be termi nated, shall be six ($6.00) dollars plus two ($2.00) dollars for each defendant more than one , provided, however, where the principal amount involved is more than one hundred ($100.00) dollars the cost shall be twelve ($12.00) dollars plus two ($2.00) dollars for each de fendant more than one. The total cost, except as hereinafter provided, for a garnishment proceeding, irrespective of how it shall be termi nated, shall be five ($5.00) dollars plus two ($2.00) dollars for each summons more than one, provided, however, where the principal amount involved is more than one hundred ($100.00) dollars the cost shall be ten ($10.00) dollars plus two ($2.00) dollars for each summons more than one. In addition to the foregoing costs, the clerk of said court shall charge and collect costs as follows:

For issuing scire facias each defendant including service............___ $3.00
For each verdict rendered more than one and docketing same _...._.._ 1.00
For each judgment more than one and docketing same ____________________ 3.00
For each motion for a new trial and docketing same ---,,___.__....__,,__ 1.00
For affidavit to obtain alias fi. fa. _._._._....._..________,,..__,,,, 0.50
For taking and approving supersedeas bond --__._______._.____...___.___..___._.._ 1.00
For answering each writ of certiorari ._.__._____.....___,,_.._________.__._...____.__...._ 3.00
For filing and docketing each appeal to the Appellate Division, including filing all briefs __.._._._...___.____.__._......_.._.._____________________._.________ 3.00
For each motion for a judgment notwithstanding the verdict and docketing same ___..__________,,.__;,,_,,________.._____.__________________________________._ 1.00
For entering judgment or remittitur from Court of Appeals or Supreme Court ..............................I................................. ......... 3.00
For exemplifications of records, per hundred words ....... .__...___.-.______.._ 0.15
For affidavit where no cause is pending __.____._,,______.._. .............__....... 0.50 For certificate and seal of court ....__..___.___._._..._.._......_._................_........_. 1.00
For certified copy under Code Section 38-627 ................... ................. 2.50 For filing and docketing each traverse to answer of garnishment
including service ._..________..._____:.______________....._. ._,,......_._......_......_..______...... 3.00 Provided, however, that the clerk shall not be required to file a traverse to answer of garnishment unless the cost is paid at the time of filing.

MARSHAL

For search and return of nulla bona, except in foreclosures and attachments ___._____.__....__...--._..-........ .........____....._...._.......___.........,,........... 1.00
For each arrest in civil case ......--... .,,-.-..._....-.___.........._..._................._.._. 1.50
For each commitment in civil case and entering same .................. 1.00

FRIDAY, FEBRUARY 18, 1966

1317

For each levy or seizure, except in foreclosures, attachments and trovers --..-.__-_-____.-_.-....-..__.--_-----.-_._...-.-..------_--------_-_--..___. 1.00

For taking and approving bond in any civil case ..___._..__.._ 1.00

For settling fi. fa. before sale of property ,,.......,,.___._..,,,,___ _--....__...__... 1.00

For advertising personal property for sale ... ._.__...._..._____...____,,___________ 1.00

For settling fi. fa. from another court ................--...._.............___._..._. 1.00

For backing fi. fa. from another court _..-._-_.__--_.__

0.50

For marshal's deed to realty or bill of sale to personalty __..______..___. 1.75

For serving subpoena ....._....................,,.......__.--_--_____.-----_..___._,,_,,_._. 0.50 Provided, however, where the amount involved is more than $100.00 the marshal will be authorized to charge twice the abovelisted amounts of the service indicated.

For commission on sale of personal property

From $1.00 to $100.00 .._.__...__..___._..___._____.___.._.,,.-_-..-..-..--..-...-- 6%%

All over $100.00 .....

__ _ 2%%

For commission on sale of real estate

From $1.00 to $50.00

_

__..__.

5%

From $51.00 to $550.00 __...__..._.....______..,,..._..____._.._.-....__._.__,,_____.-._........_. 2%%

All over $550.00 ................_.._...__._._..__.......__.__.-.__.___.._.._._..._...._...-........ 1%% For removing and/or storing property and keeping and feeding animals. The actual expense incurred after authorization by the Court.

COSTS IN CRIMINAL CASES

For each warrant including affidavit __._....-.... __-- ... ....... --. $2.50

For docketing each warrant __.___.__..,,-__-_--. 0.75

For arrest _____________________

________.__,,_,, 6.00

For return of officer _.__..__.__

_ ....._.. 1.00

For keeping prisoner per diem ____,,_....___..,,_.___...........,,___......._,,_.__... 1.75

For taking bond

_______._-.._.__._____-_--,,.__----_____. 4.00

For taking testimony ___.._. __.___._._._._____________________.______,,._________.________-,,_,,_..___ 2.50

For order requiring statutory bond in bastardy case _..-__ 1.00 For order of commitment or discharge or dismissal _________________________ 1.00 For issuing commitment ._.._..................._.......,,--.___.__,,,,.__.____.__,,.______..,,. 0.75 For entering any order _______________ ... _ ______________________ .____. 1.00 For docketing any order _-____...__.._---____---___,,,,___-__. 0.75 For motion to withdraw or dismiss warrant -..,,_..._..__--_,,.________________ 1.00 For docketing same _____._..._____ ._.__._.__. .__._____._._.___ 0.75

For deputy Marshal in attendance ___________________._.______.,,_________ 1.00

For certified copy of warrant ....

_____.._,,________.._.___.._____._,, 1.50

For certified copy under Code Section 38-627 ...... ..... .._......_._.__.__.. 2.50

For issuing each search warrant -_-_-____-_-_.__--.-_-_____________,,......__. 3.00

For executing search warrant __________________...... _ ___________________ 3.50"

Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act are hereby repealed.

1318

JOURNAL OF THE SENATE,

On the adoption of the substitute, the ayes were 30, nays 0, and the substitute was adopted.

; The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.
HB 215. By Mr. McClatchey of the 138th:
A bill to amend the act approved August 20, 1927, providing that cities having a population of more than 150,000, shall furnish pensions to officers and employees of such cities, so as to repeal the provisions providing that no person shall be granted any pension for disability until such person has been in the employment of the city for a period of 15 years; and for other purposes.

The Committee on County and Municipal Governments offered the following amendment:
Amend HB 215 by adding in the title after the words "and to appeal examples of computations in conflict therewith;", and before the words "to repeal conflicting laws;" the following:



"to provide additional pension benefits; to provide for the

1

extension of the time for making application for certain credits;".

By renumbering Section 2 as Section 3.

By adding a new section thereto to be known as Section 2, to read as follows:

"Section 2. By striking Section 2 of an Act approved April 8, 1965 (Ga. Laws 1965, p. 3399), which was an amendment to the Act set forth in the caption of this Act, and enacting in lieu thereof the following:

'Section 2. Any person entitled to the credits for service herein

:

authorized shall make application for the credit within the period

of time from the date of the approval of this Act until June 15, 1966.' "

On the adoption of the amendment, the ayes were 30, nays 0, and the amend ment was adopted.

FRIDAY, FEBRUARY 18, 1966

1319

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 290. By Messrs. Minge, Lowrey and Starnes of the 13th:
A bill to amend an act relating to the judges of the superior courts, providing that any judge emeritus to serve and preside in the superior court of any county in the judicial circuit of judge making said request; and for other purposes.

The Committee on Judiciary offered the following substitute:
A BILL TO BE ENTITLED
An Act to amend an Act providing that any judge of the superior court of the State of Georgia may request any judge emeritus oS' the superior court of his judicial circuit or an adjoining circuit to serve and preside in the superior court of the judicial circuit of the judge making said request, approved March 5, 1962 (Ga. Laws 1962, p. 547), so as to provide that any judge of the superior court of the State of Georgia of any county in this State having a population of 500,000 or more ac cording to the United States Decennial Census of 1960 or any future such census, may request any judge emeritus of the superior court of this State to serve and preside in the superior court of any county in the judicial circuit of the judge making said request; to provide that all judges emeritus of the superior courts shall be authorized and em powered to serve and preside in the superior courts of any such county when requested in writing by a superior court judge of any such county; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act providing that any judge of the superior court of the State of Georgia may request any judge emeritus of the superior court of his judicial circuit or an adjoining circuit to serve and preside in the superior court of the judicial circuit of the judge making said request, approved March 5, 1962 (Ga. Laws 1962, p. 547), is hereby amended by adding a new Section to be known as Section 1A to read as follows:
"Section 1A. Be it further enacted by the General Assembly of Georgia that any other provisions of this Act to the contrary notwithstanding, any judge of the superior court of any county in

1320

JOURNAL OF THE SENATE,

this State having a population of 500,000 or more according to the United States Decennial Census of 1960 or any future such census may request in writing any judge emeritus of the superior court of this State to serve and preside in the superior court of any such county of the judge making the request. The judge of the superior court thus requesting the services of a judge emeritus of the superior court shall specify therein the time, place and duration of such services and shall file a copy of said request or order in the office of the clerk of the superior court of the county in which such services are to be performed. Any judges emeritus of the superior court may serve in the superior courts when thus requested in ac cordance with said request, provided such judge emeritus deems that his services may be of assistance in the operation of said court. All judges emeritus of the superior courts are hereby au thorized and empowered to serve and preside in the superior court of any such county when requested in writing by a superior court judge of any such county as herein provided, and while a judge emeritus of a superior court is thus serving and presiding in a superior court as herein provided, such judge emeritus shall dis charge all of the duties and exercise all of the powers and authority of a judge of the superior court of such county."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 30, nays 0, and the sub stitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 320. By Messrs. Carley, Palmer, Malone and Vaughn of the 117th, Harris, Levitas, Walling and Parrar of the 118th and others:
A bill to fix the salary of the judge of the juvenile court in certain counties; and for other purposes.

The Committee on County and Municipal Governments offered the following substitute:
A BILL TO BE ENTITLED
An Act to provide for the compensation of the judge of the juvenile court in certain counties; to repeal conflicting laws; and for other purposes.

FEIDAY, FEBRUARY 18, 1966

1321

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The salary of the judge of the juvenile court in all coun ties of this State having a population of not less than 250,000 and not more than 500,000, according to the 1960 United States decennial census or any such future census, shall be fixed by the governing authorities of such counties in an amount not to exceed $13,000.00 per annum, pay able in equal monthly installments out of the funds of such counties. Beginning January 1, 1967, the salary of such judges shall be fixed by the governing authorities of such counties in an amount not to exceed $14,000.00 per annum, payable in equal monthly installments out of the funds of such counties.

Section 2. An Act fixing the salary of the judges of the juvenile courts of counties having a population of not less than 250,000 and not more than 350,000, according to the 1960 United States decennial census or any such future census, approved February 27, 1962 (Ga. Laws 1962, p. 2380), as amended by an Act approved March 10, 1964 (Ga. Laws 1964, p. 2596), is hereby repealed in its entirety.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 41, 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 41, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.
HB 339. By Messrs. Hawkins of the 139th, Hood of the 124th, Brown of the 120th and others:
A bill to amend an act entitled "an act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education", so as to increase the amount of dependent bene fits from 50% to 60%; and for other purposes.

The Committee of County and Municipal Governments offered the following substitute:
A RESOLUTION
TO CREATE A COMMITTEE TO STUDY SCHOOL AND GEN ERAL EMPLOYEE PENSIONS IN FULTON COUNTY.

1322

JOURNAL OP THE SENATE,

WHEREAS, confusion and uncertainty exist in the status of pen sion and retirement statutes for teachers and employees of Fulton Coun ty, and amendments to such statutes are sought constantly by interested persons;
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
That there be and is hereby created a Study Committee composed of the following citizens of Fulton County:
1 City or County Teacher selected by the Trustees of all Atlanta and Fulton County Pension systems;
1 City or County employee selected by the same Boards;
1 member (four in all) appointed by each of the following: Mayor of City of Atlanta, County Commission, Senate Delegation from Fulton, House Delegation from Fulton;
1 member appointed by the Senior Judge of Fulton Superior Court from among the Financial, Banking, Insurance, and Actuarial or Accounting Professions.

BE IT FURTHER RESOLVED that it shall be the duty of said Commission, when so appointed:

(a) To study the present status of all pensions applicable to em ployees of Fulton County and to teachers and employees of the Board of Education of Fulton County, and to consider and recommend such changes, if any, as in the opinion of such Committee may be necessary to correct any inequity or discrimination which may be found in said pension systems;
(b) To compare such pension systems and the respective benefits thereof to other pension and retirement systems for public employees in the Atlanta Metropolitan Area, with the object of attaining a reason able degree of uniformity among all systems;

(e) To compare said pension and retirement systems to retirement systems of employees in private idustry and business in the Atlanta Metropolitan Area, with the object in mind of achieving general parity with same, insofar as conditions and circumstances are comparable.

Said Committee, when appointed, shall serve without pay; shall make its own rules and adopt its own procedure, and shall have the right to receive from the Board of Education and general government of Fulton County al Irecords, information and assistance pertinent to its study. The Committee may use the service of any employee of the County or Board of Education helpful to its study, and it shall be the duty of the respective governments to furnish same when requested. The Com mittee shall also have the authority, with the consent and approval of the Commissioners of Roads and Revenues of Fulton County and of the Board of Education of Fulton County, to employ accountants or actu aries to assist them in their duty, and to compensate same upon some reasonable basis, in accordance with the prevailing fee for similar serv-

FRIDAY, FEBRUARY 18, 1966

1323

ices. The payment of any such expense shall be a legitimate cost of government.
When such study has been completed, it shall be the duty of said Committee to file a report, one copy of which shall be furnished to the delegation from Fulton County in the State Senate; one copy to the delegation from Fulton County in the House of Representatives; one copy with the Board of Education of Fulton County, and one copy with the Commissioners of Roads and Revenues of Fulton County. The report shall be filed as soon as completed, but in no event later than January 15, 1968.

On the adoption of the substitute, the ayes were 38, nays 0, and the subs titute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.
HB 603. By Messrs. Farrar, Levitas, Walling and Harris of the 118th, Palmer, Carley, Malone and Vaughn of the 117th and others:
A bill to amend an act providing for the appointment of assistant solici tors general of the Stone Mountain Judicial Circuit, so as to provide for the appointment of assistants to the solicitor general of the Stone Mountain Judicial Circuit; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Amend HB 603 by striking the first sentence of quoted Section 2 of Section 1 which reads as follows:
"The Solicitor General of the Stone Mountain Judicial Circuit shall have the power to appoint four (4) Assistant Solicitors General.",
and inserting in lieu thereof a new sentence to read as follows:
"The Solicitor General of the Stone Mountain Judicial Circuit shall have the power to appoint three (3) Assistant Solicitors General at any time, and on or after January 1, 1967, said Solici tor General shall have the power to appoint an additional Assistant Solicitor General so that after said date, said Solicitor General shall have the authority to appoint a total of four (4) Assistant Solicitors General."

1324

JOURNAL OF THE SENATE,

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 617. By Messrs. Carley, Palmer, Malone and Vaughn of the 117th, Levitas, Walling, Harris and Farrar of the 118th and others:
A bill to amend an act providing a salary for the official court reporter of the Stone Mountain Judicial Circuit, so as to increase the compensa tion of the official court reporter; 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 providing a salary for the official court reporter of the Stone Mountain Judicial Circuit, approved March 9, 1943 (Ga. Laws 1943, p. 1143), as amended, particularly by an act approved March 10, 1964 (Ga. Laws 1964, p. 329), so as to change the provisions relating to the compensation of the official court reporter; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing a salary for the official court reporter of the Stone Mountain Judicial Circuit, approved March 9, 1943 (Ga. laws 1943, p. 1143), as amended, particularly by an act approved March 10, 1964 (Ga. Laws 1964, p. 329), is hereby amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"Section 1. From and after the passage of this act the of ficial court reporter of the Stone Mountain Judicial Circuit shall be paid a salary of not to exceed $7,700.00 per annum, which salary shall be paid monthly on the first day of each month. The exact amount of such salary, within the maximum provided for herein, shall be fixed by the governing authority of the counties paying the salary of said official court reporter."
Section 2. All laws and parts of laws in conflict with this act are hereby repealed.

FRIDAY, FEBRUARY 18, 1966

1325

On the adoption of the substitute, the ayes were 30, nays 0, and the sub stitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received'the requisite constitutional majority, was passed by substitute.
HB 694. By Messrs. Malone, Carley and Vaughn of the 117th, Bean, Evensen Westlake and Higginbotham of the 119th, Walling, Harris and Levitas of the 118th:
A bill to amend an act creating a board of commissioners of roads and revenues for DeKalb County, so as to increase compensation of the chairman and members of said board; and for other purposes.
The Committee on County and Municipal Governments offered the following substitute:
A BILL
To be entitled an act to amend an act creating a board of com missioners of roads and revenues for DeKalb County, approved March 8, 1956 (Ga. Laws 1956, p. 3237), as amended, particularly by an act approved April 5, 1961 (Ga. Laws 1961, p. 3461), so as to change the provisions relating to the compensation of the chairman and members of the board of commissioners of roads and revenues; to repeal con flicting 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 DeKalb County, approved March 8, 1956 (Ga. Laws 1956, p. 3237), as amended, particularly by an act approved April 5, 1961 (Ga. Laws 1961, p. 3461), is hereby amended by striking Section 8 in its entirety and substituting in lieu thereof a new Section 8 to read as follows:
"Section 8. Compensation. Members of the commission herein created, other than the chairman, shall be paid as their entire compensation for services an amount not to exceed the sum of four thousand ($4,000.00) dollars per annum, to be paid in equal monthly installments out of the county treasury upon warrants drawn upon the county treasury. The exact amount of the com pensation of the members of the commission shall be fixed by the commission within the maximum herein provided by a motion duly made and adopted by said commission. The chairman shall receive

1326

JOURNAL OF THE SENATE,

as his entire compensation an amount not to exceed twenty thousand ($20,000.00) dollars per annum, which shall be paid in equal monthly installments. The exact amount of the compensation of the chairman shall be fixed by the commission within the maximum herein pro vided upon a motion duly made and adopted by said commission. Not more than thirteen thousand five hundred ($13,500.00) dollars of said salary shall be paid out of the county treasury upon war rants drawn upon the county treasury as other warrants are drawn; not more than fifteen hundred ($1,500.00) dollars of said salary shall be paid from the receipts of the DeKalb County sewer system and shall constitute an administrative expense of said system; and not more than five thousand ($5,000.00) dollars of said salary shall be paid from the receipts of the DeKalb County waterworks system and such sums shall constitute an administrative expense of said system. The salary so fixed shall constitute the entire compensation to which said chairman shall be entitled either as such chairman or as the administrator of the DeKalb County waterworks system. Members of the board of commissioners of roads and revenues, including the chairman, may be paid as an allowance for automo bile and clerical expenses a sum not exceeding one hundred ($100.00) per month."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 30, nays 0, and the sub stitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 731. By Messrs. Higginbotham, Westlake, Evensen and Bean of the 119th. Sims of the 131st, Adams of the 125th and others:
A bill to amend an act providing for a pension and retirement system for the officers and employees of certain cities, so as to change the provisions for eligibility; and for other purposes.

The report of the committee, which was favorable to the passage of the of the bill, was agreed to.

On the passage of the bill, the ayes were 34, nays 0.

The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 18, 1966

1327

HB 732. By Messrs. Mitchell, Smith and Leonard of the 3rd:
A bill to amend an act approved February 24, 1874, incorporating the Town of Dalton, so as to provide a comprehensive and unified pension plan for certain officers, firemen, policemen, employees of the mayor and council and various departments hereof; and for other purposes.

The Committe on County and Municipal Governments offered the following amendments:
Amend HB 732 as follows: By striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows:
(f) "Employee" shall mean all members of the fire department, all members of the police department, employees of the Water, Light and Sinking Fund Commission of The City of Dalton, em ployees of the office of the city clerk's office, employees of the Recreation Commission of The City of Dalton, and all other persons employed by the Mayor and Council of The City of Dalton whose names are on the payrolls of the said Mayor and Council of The City of Dalton, the said Water, Light and Sinking Fund Commis sion, and the said Recreation Commission as of the effective date of the commencement of this plan, future members and employees thereof, but coverage is not extended to officers of the Mayor and Council of The City of Dalton, officers of the Water, Light and Sinking Fund Commission, officers of the Recreation Commission, and officers of the Civil Service Commission of The City of Dalton.

The Committee on County and Municipal Governments offered the following amendment:
Amend HB 732 as follows: by inserting after the word "electing" and before the word "at" in Section 9, paragraph A, the following words, "on or before July 1, 1967, or", and also inserting in paragraph C, Section 9 after the word "electing" and before the word "at" the follow ing words "on or before July 1, 1967, or."

The Committee on County and Municipal Governments offered the following amendment:
Amend HB 732 as follows: By striking section 8 in its entirety and inserting in lieu thereof a new section 8 to read as follows:
LATER RETIREMENT.
Upon agreement of the Mayor and Council of the City of Dal ton; or the Water, Light and Sinking Fund Commission, or the Recreation Commission; or the Civil Service Commission; and the participant, a participant may elect in lieu of the normal form of retirement to continue as an employee on a year to year basis beyond his normal retirement date up to the age of seventy (70) years. Payment of such participant's retirement pension will be deferred until his actual retirement date and will be the same amount as would have been paid at his normal retirement date.

1328

JOURNAL OF THE SENATE,

On the adoption of the amendments, the ayes were 41, nays 0, and the amendments were adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
HB 759. By Messrs. Malone and Palmer of the 117th, Higginbotham, Westlake, Evensen and Bean of the 119th:
A bill to amend an act authorizing the establishment of a merit system in DeKalb County for employees and the creation of a Merit System Council so as to increase the membership of said Council from 3 to 5 members; and for other purposes.

The Committee on County and Municipal Governments offered the following amendment:
Amend HB 759 as follows:
By striking from the title the following:
", to repeal conflicting laws and for other purposes.",
and inserting in lieu thereof the following:
"; to change the qualifications of the members of said Council: to repeal conflicting laws; and for other purposes."
By striking Section 1 in its entirety and inserting in lieu thereof the following:
"Section 1. That the act approved March 6, 1956, authorizing the establishment of a merit system in DeKalb County for em ployees of DeKalb County and providing for the creation of a Merit System Council (Ga. Laws 1956, p. 3111, et. seq.) be, and the same is hereby amended by striking from sub-paragraph (a) of Section 2 thereof the words "three citizens" and inserting in lieu thereof the words "five citizens"; and by striking the word "freeholders" and inserting in lieu thereof the word "residents", so that said section when so amended shall read as follows:
'Section 2. (a) There is hereby authorized to be established by said governing authority of said county a merit system council composed of five citizens who are residents of DeKalb County of

FRIDAY, FEBRUARY 18, 1966

1329

known interest in the improvement of public administration by impartial selection of qualified and efficient personnel.' "

On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
HB 633. By Mr. Jordan of the 78th: A bill to abolish the present method of compensating the sheriff of Baker County, known as the fee system; and for other purposes.
The Committee on County and Municipal Governments offered the following substitute:
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; to provide that all fees, costs or other emoluments of said of ficer shall become the property of such county; to provide for the col lection of all such fees, costs and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said officer; to provide for the employment of necessary personnel by said officer; to provide for the compensation for such personnel; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION I.
The present mode of compensating the Sheriff of Baker County, known as the fee system, is hereby abolished and in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided.
SECTION II.
The sheriff shall receive an annual salary of not less than Nine Thousand Five Hundred ($9,500.00) Dollars, payable in equal monthly installments from the funds of Baker County. The sheriff shall furnish

1330

JOURNAL OF THE SENATE,

his own automobile and pay all expenses in reference to the operation of same from his own funds and the county shall not be liable for any expenses in connection therewith. Said salary shall not be diminished thereafter during the term of office of said officer.

SECTION III.

After the effective date of this act, said officer shall deligently
and faithfully undertake to collect all fees, fines, forfeitures, com missions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed him as compensation for
services in any capacity as long as such services were rendered by virtue of the fact that said officer is the Sheriff of Baker County, ir respective of the consideration that said services may not have been rendered in his official capacity as Sheriff of said County, but may have been personal, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the County treasury on or before the 10th day of each month next following the month in which they were collected or received. The governing body of said County reserves the right to continue its present mode of collecting taxes. At the time of each such monthly payment into the County treasury, the Sheriff shall furnish the governing authority of the County a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the County treasury. The statement shall show the respective amount of money collected and the source thereof.

SECTION IV.

The Sheriff of Baker County shall also receive from County funds for each prisoner confined in the County jail, One Dollar and Fifty Cents ($1.50) per day to feed said prisoner, and this sum shall be paid in addition to the other compensation provided for herein to the sheriff.

SECTION V.

The Sheriff of Baker County shall have the sole power and authority to appoint one deputy sheriff, who shall be compensated in the amount of Four Hundred Dollars ($400.00) per month and one person to act as Clerk and deputy, who shall be compensated at the rate of Two Hundred Fifty Dollars ($250.00) per month, said salaries to be payable in monthly installments from the funds of Baker County. The Sheriff shall also have the authority to appoint any other deputies, clerks, as sistants or other personnel as might be approved by the governing authority of said County. However, it shall be within the sole power and authority of the Sheriff, during his term of office, to designate and name the person, or persons, who shall be employed as such deputies, clerks, assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion.

FRIDAY, FEBRUARY 18, 1966

1331

SECTION VI.

All supplies, materials, furnishings, furniture, utilities, uniforms, radios, radio equipment, and the repair, replacement and maintenance thereof, and one automobile and all gas, oil, equipment and maintenance
to be used solely by the deputy sheriff in the performance of his official duties, and as may be reasonably required in the discharge of his duties, shall be furnished by the County and shall be paid from any funds of the County availbale for such purposes. The determination of such requirement shall be at the sole discretion of the governing authority of Baker County; except that the County shall replace the automobile furnished to the deputy sheriff for his official use when necessary.

SECTION VII.
The sheriff of Baker County shall, at his own expense, furnish all firearms and ammunition used in connection with the operation of his office, except as might be otherwise agreed upon by the governing authority of said County.

SECTION VIII.
The sheriff and his deputies, in addition to any other compensation herein provided, shall receive payment or reimbursement for actual expenses incurred when out of the territorial limits of Baker County attending official business, or on business for the County; provided such trips are authorized and approved in advance by the governing authority of said County. Expenses for travel by automobile without the territorial limits of Baker County, when authorized and approved as set out above, shall be payable or reimbursed at the rate of ten cents (lOf1 ) per mile for the use of said automobile.

SECTION IX.
If, at any time, in the judgment of the Sheriff an emergency shall arise by reason of which he would be unable to perform his duties without the expenditure of larger amounts than are provided herein, he may apply to the County governing authority for appropriation of additional amounts. The County governing authority shall then act upon the request for additional funds within fifteen days from the submis sion of the request, by making available to the sheriff such sums of money, as will be needed to meet said emergency, which shall be deter mined by the governing authority, or by refusing to make any such funds available.
SECTION X.

The Sheriff of Baker County shall keep such books and records
as shall be prescribed by the governing authority of said County. All such records shall be open to the inspection of the governing authority of said County and their auditors at all times during the hours for which said office is open for business.

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JOURNAL OF THE SENATE,

The governing authority of said County shall not act arbitrarily or capriciously in regards to any request by the sheriff for additional funds for the operation of his office, but shall act in good faith and for the best interest of the County in all respects thereto.

SECTION XL

The provisions of this Act shall become effective on or by the 1st day of March, 1966.
SECTION XII.
All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 34, nays 0, and the sub stitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the ayes were 34, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.
HB 766. By Mr. Barber of the 24th:
A bill incorporating the City of Jefferson, so as to provide for annexa tion and provide for a referendum; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Amend HB 766 as follows:
By striking in its entirety Section 2 and substituting in lieu thereof a new Section 2 to read as follows:
"Section 2. Not less than 30 days nor more than 60 days after the approval of this act by the Governor, it shall be the duty of the ordinary of Jackson County to issue, upon request of the city council of the City of Jefferson, the call for an election for the purpose of submitting this act to the voters residing within the area to be annexed to the corporate limits of Jefferson, Georgia, by this act, for approval or rejection. The ordinary shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The ordinary shall cause the date and purpose of the election to be published

FRIDAY, FEBRUARY 18, 1966

1333

once a week for two weeks immediately preceding the date thereof, in th official organ of Jackson County. The ballot shall have written or printed thereon the words:

'For approval of the act changing the corporate limits of the City of Jefferson by increasing the corporate limits a distance of one-half mile around the city.

''Against approval of the act changing the corporate limits of the City of Jefferson by increasing the corporate limits a distance of one-half mile around the city.'

All persons desiring to vote in favor of the act shall vote for approval, and those persons desiring to vote for rejection of the act shall vote against approval. A majority of the registered and quali fied voters of the area to be annexed by this act must vote and if a majority of those voting are for approval of the act it shall be come of full force and effect. If less than a majority of those vot ing in the area to be annexed by this act vote for approval of the act it shall be void and of no force and effect. The expenses of such election shall be borne by the City of Jefferson and the ordi nary shall be reimbursed by the City of Jefferson for expenses incurred in holding such election. It shall be the duty of the ordinary to hold and conduct such election in the area to be an nexed by the City of Jefferson by this act and he shall hold such election under the same laws, rules and regulations as govern general elections except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election held in the area to be annexed by this act to the City of Jefferson. It shall be his further duty to certify the result thereof to the Secretary of State."

On the adoption of the amendment, the ayes were 34, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.

On the passage of the bill, the ayes were 34, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
HB 712. By Mr. Jones of the 76th:
A bill to amend an act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to authorize the sale of distilled spirits or alcoholic beverages for beverage purposes on the premises in certain counties and municipalities; and for other purposes.

1334

JOURNAL OP THE SENATE,

The Committee on County and Municipal Governments offered the following substitute:

A BILL

To be entitled an act to amend an act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", ap proved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, particularly by an act which became effective without the signature of the Governor (Ga. Laws 1964, p. 771), so as to authorize the sale of distilled spirits or alcoholic beverages for beverage purposes on the premises in certain counties and municipalities; to repeal con flicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, particularly by an act which became effective without the signature of the Governor (Ga. Laws 1964, p. 771), is hereby amended by adding a new section to be known as Section 30A to read as follows:

"Section 30A. Any provision of this or any other law to the contrary notwithstanding, the governing authority of every county in the State of Georgia having a population of not less than 14,486 and not more than 14,540 according to the United States Decennial Census of 1960 or any such future census, and the governing auhotrity of every municipality within every such county, through proper resolution or ordinance, may authorize the issuance of li censes to sell distilled spirits or alcoholic beverages for beverage purposes by the drink, said sales to be for consumption only on the premises. Every such governing authority shall have full power and authority to adopt all reasonable rules and regulations govern ing the qualifications and criteria for the issuance of any such license and shall further have the power and authority to promul gate reasonable rules and regulations governing the conduct of any licensee provided for in this Section, included but not limited to the regulation of hours of business, types of employees, and other matters which may fall within the police powers of such counties and municiaplities. Those persons who are duly licensed as whole salers under the provisions of this act shall be authorized to sell distilled spirits at wholesale to any person or persons licensed as provided in this Section, and the person or persons so licensed under this Section shall be authorized to purchase such distilled spirits from a licensed wholesaler at wholesale."

Section 2. All laws and parts of laws in conflict with this act are hereby repealed.

On the adoption of the substitute, the ayes were 34, nays 0, and the substitute was adopted.

FRIDAY, FEBRUARY 18, 1966

1335

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.
HB 61. By Mr. Watkins of the 9th: A bill to amend an act creating a County Commissioner of Roads and Revenues and an Advisory Board of Gilmer County, so as to change the compensation of the Commissioner of Roads and Revenues; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 62. By Mr. Watkins of the 9th:
A bill to amend an act creating the Office of Commissioner of Roads and Revenues of Pickens County, so as to change the compensation of the Commissioner of Roads and Revenues; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 211. By Mr. McClatchey of the 138th:
A bill to amend the act approved August 20, 1927, providing that cities having a population of more than 150,000 shall furnish pensions to of ficers and employees of such cities, so as to provide that in determining pensions for total and permanent disability or death, fractional parts of years of service shall be counted.

1336

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 212. By Mr. McClatchey of the 138th: A bill to amend the act approved August 20, 1927, providing that cities having a population of more than 150,000 shall furnish pension to officers and employees of such cities, so as to repeal the provisions providing for a refund of contributions by members to such member or his beneficiary when such member shall be compelled to retire because of age or disability, or shall die; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was 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. McClatchey of the 138th:
A bill to amend the act approved August 20, 1927, providing that cities having a population of more than 150,000, shall furnish pensions to officers and employees of such cities, so as to provide that fractional parts of years of service shall be counted in determining the pension of a beneficiary of an employee who shall die while in active service; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 214. By Mr. McClatchey of the 138th:
A bill to amend the Act approved August 20, 1927, providing that cities having a population of more than 150,000, shall furnish pensions to

FRIDAY, FEBRUARY 18, 1966

1337

officers and employees of such cities, so as to provide that fractional parts of years shall be counted in determining the pro rata pension when the officer or employee has become totally and permanently disabled; and for other purposes.

The report 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 318. By Mr. Hull of the 104th:
A bill to amend an Act relating to incorporating the Trustees of the Masonic Hall in the City of Augusta, so as to enlarge the powers of the Trustees with respect to providing a Masonic Hall for the use of certain Masonic institutions; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 341. By Messrs. Hawkins of the 139th, Dillon of the 128th, Hood of the 124th, Adams of the 125th and others:
A bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education, so as to provide for refund of a portion of employees' contributions in certain cases; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1338

JOURNAL OF THE SENATE,

HB 541. By Messrs. Fleming and Simkins of the 106th, Hull and Snellings of the 104th and others:
A bill to amend Code Section 38-1501, relating to the attendance of witnesses and the fees thereof, so as to provide for the payment of fees to any member of any police force attending any court having a jurisdiction to enforce penal laws of this State; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 571. By Messrs. Longino of the 122nd, Cox of the 127th, Lea of the 126th, Hawkins of the 139th, Grier of the 132nd and others: A bill to amend an Act establishing a new charter for the City of College Park, relating to the election of the Mayor and Councilmen; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 597. By Messrs. McClatchey of the 138th, Townsend of the 140th, Leas of the 126th, Carnes of the 129th and others:
A bill to amend an Act providing for pensions for members of the Police Department in cities having a population of 150,000 or more, so as to provide that fractional parts of years shall be counted in determining the number of years of service with respect to partial pensions, pensions for total and permanent disability; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was 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 18, 1966

1339

HB 598. By Messrs. McClatchey of the 138th, Townsend of the 140th, Lea of the 126th, Games of the 129th 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, so as to provide that fractional parts of years shall be determining the number of years of service with respect to partial pensions, pensions for total and permanent disability; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was 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 622. By Messrs. Mitchell, Smith and Leonard of the 3rd: A bill to amend an Act entitled "An Act to amend Code Chapter 91-8 pertaining to general provisions on inventory and sale of public prop erty . . . ", so as to provide for the private sale, conveyance, transfer or other disposition of county property under certain conditions; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 637. By Messrs. Etheridge of the 123rd, Lambros of the 130th, Dillon of the 128th, Carnes of the 129th and others: A bill to provide that in certain counties Judges Emeritus of any court established in lieu of Justice Courts shall be entitled to office space and adequate secretarial assistance upon the request of such Judges Emeritus; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1340

JOURNAL OF THE SENATE,

HB 658. By Mr. Stovall of the 17th:
A bill to amend an Act creating a board of commissioners of roads and revenues for Banks County, so as to provide that all purchases of sup plies and materials for county purposes shall be purchased through a purchasing agent; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was 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 672. By Messrs. Henderson and Wilson of the 102nd, Jordan of the 103rd, Howard of the 101st:
A bill to amend an Act providing for the districting of Cobb County into fire prevention districts, so as to provide for the creation of a board of fire commissioners of each fire prevention district in Cobb County; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 708. By Messrs. Malone, Palmer, Carley and Vaughn of the 117th: A bill to amend an Act creating a new charter for the City of Chamblee, so as to change the date on which taxes are 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 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 18, 1966

1341

HB 709. By Messrs. Carnes of the 129th, Adams of the 125th, Lambros of the 120th, Hawkins of the 139th, Lea of the 126th and others:
A bill to provide in all counties having a population of 500,000 or more a method of payment to judges of the Superior Court Emeritus who are requested to serve in such counties; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 722. By Messrs. Harris and Vaughn of the 14th:
A bill to provide that the ordinary of certain counties shall receive a salary in lieu of any other 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 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 723. By Messrs. Lovett and Knight of the 60th:
A bill to amend an Act creating a new charter for the City of Dublin, so as to increase the maximum millage which may be levied by the City of Dublin; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was 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 726. By Mr. Lambert of the 38th:
A bill to amend an Act placing the clerk of the superior court, the sheriff, the ordinary, the tax collector and tax receiver of Morgan County upon an annual salary, so as to increase the compensation of the sheriff, the ordinary and the tax collector; and for other purposes.

1342

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 746. By Messrs. Harris and Smith of the 85th:
A bill to amend an act abolishing the fee system of the official court reporter of the Brunswick Judicial Circuit in felony cases and pro viding in lieu thereof a salary, so as to provide for an assistant official court reporter; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 748. By Messrs. Howard of the 101st, Jordan of the 103rd, Wilson and Henderson of the 102nd:
A bill to amend an Act creating a law library in certain counties, so as to increase the maximum fund authorized to be collected from court cases to establish such libraries; and for other purposes.

The report 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 749. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd and Wilson of the 102nd:
A bill consolidating the office of tax collector and tax receiver of Cobb County, so as to change the compensation of the tax commissioner and the chief clerk of the tax commissioner; and for other purposes.

FRIDAY, FEBRUARY 18, 1966

1343

The report 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 750. By Messrs. Howard and McDaniell of the 101st, Jordan of the 103rd, Wilson and Henderson of the 102nd: A bill to amend an act creating the Cobb Judicial Circuit, so as to change the compensation which the judges receive from Cobb County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 751. By Messrs. Howard and McDaniell of the 101st, Wilson of the 102nd and Jordan of the 103rd:
A bill to amend an act changing the compensation of the clerk of the Superior court, the sheriff and the ordinary of Cobb County, so as to change the compensation of the sheriff, chief deputy sheriff, the deputy sheriffs, chief investigator-sheriff's office, clerk and deputy clerk of the superior court; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 754. By Messrs. Sherman and DeLong of the 105th, Fleming of the 106th and Snellings of the 104th:
A bill to amend an act providing a permanent county employees' pension fund for permanent employees of the Board of Commissioners of Roads and Revenues for Richmond County, so as to provide for certain optional additional benefits; and for other purposes.

1344

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 760. By Messrs. Dixon and Sweat of the 83rd:
A bill to amend an Act placing certain oficers of Ware County on a salary system, so as to authorize the governing authority to allow the tax collector to receive commissions for collecting the taxes in excess of a certain percentage of the total taxes 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 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 761. By Messrs. Dixon and Sweat of the 83rd:
A bill to amend an Act creating a board of commissioners of roads and revenues of Ware County, so as to change the procedure relative to the publication of receipts and expenditures; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was 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 762. By Messrs. Wilson and Henderson of the 102nd, McDaniell and Howard of the 101st and Jordan of the 103rd:
A bil to fix the compensation of the treasurers of all counties of this State having a population of not less than 100,000 nor more than 130,000; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, FEBRUARY 18, 1966

1345

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 763. By Mr. Steis of the 100th:

A bill creating a Small Claims Court in Harris County; and for other

purposes.

:

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 765. By Messrs. Dean and Moore of the 20th:
A bill to amend an Act incorporating the Town of Rockmart in the County of Polk, so as to change the date for holding elections for 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 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 768. By Messrs. Harris, Farrar, Walling and Levitas of the 118th, Malone, Palmer, Carley and Vaughn of the 117th: A bill to amend an Act fixing, prescribing- and establishing compensa tion and/or salaries of the elective county officials of DeKalb County including the ordinary, clerk of the superior court, sheriff and tax com missioner, so as to adjust certain compensation and year; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1346

JOURNAL OF THE SENATE,

HB 770. By Mr. Williams of the 16th:
A bill to amend an Act creating a Board of Commissioners of Road and Revenues for Hall County, so as to provide for a five member Board; to provide for Commissioner Districts; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 771. By Mr. Lovell of the 6th: A bill to provide for compensation for the Ordinary of White County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 773. By Mr. Murphy of the 26th: A bill to amend an Act creating a new charter for the City of Bremen, so as to extend the corporate limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 774. By Messrs. Peterson and Stalnaker of the 59th:
A bill to amend an act creating the City Court of Warner Robins, so as to change the number of preemptory challenges allowed in criminal cases; and for other purposes.

FRIDAY, FEBRUARY 18, 1966

1347

The report 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 775. By Mr. Byrd of the 28th:
A bill to amend an act placing the compensation of the clerk of the superior court, the ordinary and coroner of Walton County on a salary basis in lieu of a fee system, 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 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 776. By Mr. Byrd of the 28th: A bill to amend an act creating the office of tax commissioner of Walton 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 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 778. By Mr. Lewis of the 50th:
A bill to amend an act establishing the City Court of Waynesboro, so as to change the terms of said court; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

1348

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 779. By Messrs. Overby, Williams and Wood of the 16th:
A bill to amend an act placing the sheriff, the clerk of the superior court and clerk of the city court and the ordinary of Hall County on an annual salary in lieu of the fee system, so as to change the com pensation of the sheriff, the clerk of the superior court and clerk of the city court and the ordinary of Hall County; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 780. By Messrs. Overby, Williams and Wood of the 16th:
A bill to amend an act consolidating the office of Tax Collector of Hall County and office of Tax Receiver of Hall County into the single office of Tax Commissioner of Hall County, so as to change the com pensation 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 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 781. By Mr. Mixon of the 81st: A bill to amend an act establishing a new charter for the City of Syca more, so as to change and enlarge 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.

FRIDAY, FEBRUARY 18, 1966

1349

On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 782. By Mr. Mixon of the 81st: A bill to consolidate the office of tax receiver and tax collector of Irwin 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 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 783. By Mr. Clark of the 2nd:
A bill to amend an act creating and establishing a new Charter for the City of Ringgold in the County of Catoosa, so as to authorize the creation of a Board of Utility Commissioners for the City of Ringgold; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 784. By Messrs. Matthews and Bedgood of the 29th:
A bill to amend an Act approved August 24, 1872 entitled "An Act to amend the charter of the Town of Athens", so as to empower the Mayor and Council of the City of Athens to formulate and adopt building codes, housing codes, 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 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1350

JOURNAL OF THE SENATE,

HB 785. By Messrs. Pickard, Jones and Brinkley of the 112th, Berry and Thompson of the 110th and others:
A bill to amend an Act abolishing Justice Courts and the office of the Justice of the Peace and Notary Public ex-officio Justice of the Peace and to establish and create in lieu thereof a Municipal Court in and for the City of Columbus and County of Muscogee, so as to change the compensation of the marshal of the Municipal Court of Columbus, Muscogee County; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 787. By Messrs. Peterson and Stalnaker of the 59th:
A bill to amend an Act incorporating the City of Warner Robins, so as to establish a Civil Service Board 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 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 788. By Messrs. Peterson and Stalnaker of the 59th:
A bill to amend an act incorporating the City of Centerville, so as to provide that a candidate must receive a majority of the votes to be elected to the office of mayor or 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 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 18, 1966

1351

HB 789. By Messrs. Bennett, Barfield and Sullivan of the 95th:
A bill to amend an act establishing the City Court of Valdosta in and for the County of Lowndes, so as to change the compensation of the Solicitor of said Court; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 156. By Mr. Russell of the 92nd:
A resolution authorizing the conveyance of a certain tract of Stateowned property in Thomas County to Wade E. Freeman; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was 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 568. By Mr. Cook of the 123rd, Mrs. Hamilton of the 137th, Messrs. Games of the 129th, Hood of the 124th and others:
A bill to grant to municipalities of this State having a population of more than 300,000 certain basic powers, including certain powers to require the repair, closing or demolition of certain dwellings, buildings or structures; and for other purposes.

The report 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.

1352

JOURNAL OF THE SENATE,

HE 80. By Mr. Irvin of the llth:

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the County Board of Education of Hahersham County to borrow funds and pledge certain building funds to the payment thereof; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1

Article VII, Section VII, Paragraph I of the Constitution, relating to the limitation on certain debts, is hereby amended by adding at the end thereof the following:

"Any other provisions of this Constitution to the contrary not withstanding, the County Board of Education of Habersham Coun ty is hereby authorized and empowered to borrow funds for the purpose of constructing school buildings and facilities, and pledge the building funds which will or may be forthcoming to Habersham County from the State through the Minimum Foundation Program for Education as security and payment therefor."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to auNO ( ) thorize the County Board of Education of Haber sham County to borrow funds and pledge certain building funds to the payment 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

FRIDAY, FEBRUARY 18, 1966

1353

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 Carter Coggin Dean Downing Edenfield Eldridge Fincher of 54th Flowers Foster Gayner Gillis Gregory Hall Hill

Holley Holloway Jackson Johnson of 38th Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie Noble Owens

Padgett Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Tribble Ward Webb Wesberry Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 46, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 161. By Mr. Clark of the 2nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to remove the authority of the board of tax administrators for Catoosa County to levy taxes; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes.

1354

JOURNAL OF THE SENATE,

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1

Article VI, Section XVII, Paragraph I of the Constitution is here by amended by striking the words "levy taxes and", as they appear in the first sentence of that paragraph of the Constitution which was added by an amendment to the Constitution, proposed by a resolution found in Georgia Laws 1958, page 592, and ratified at the general elec tion conducted in 1958 creating a board of tax administrators for Catoosa County, and by striking from the last sentence of said para graph the words "levying taxes and", so that when so amended said paragraph shall read as follows:

"The power and authority to evaluate property in Catoosa County is /hereby vested in a Board of Tax Administrators, which is hereby created for that purpose. The Board of Tax Administra tors shall be composed of three members elected by the qualified voters of the entire county. To be eligible for election to the Board of Tax Administrators, a person must be at least 25 years of age, a resident of this State and said county for at least two years, and qualified to vote in the election for members of the General Assem bly. Said board is authorized to appoint and employ qualified and professional appraisers to determine the true market value of the taxable property located in Catoosa County and to provide the compensation for such appraisers. Compensation of the members of the Board of Tax Administrators herein created shall be $15.00 per day for each day of actual service, plus actual expenses, said compensation to be payable monthly out of county funds. The Board of Tax Administrators shall be subject to all the provisions of the law with respect to evaluating property not in conflict with this paragraph."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such 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:

"YES ( ) Shall the Constitution be amended so as to remove the authority of the board of tax administrators for
NO ( ) Catoosa County to levy taxes?"

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".

FRIDAY, FEBRUARY 18, 1966

1355

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 Carter Coggin Dean Downing Edenfield Eldridge Fincher of 54th Flowers Foster Gayner Gillis Gregory Hall Hill

Holley Holloway Jackson Johnson of 38th Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie Noble Owens

Padgett Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Tribble Ward Webb Wesberry Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 46, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 263. By Mr. Clarke of the 45th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Monroe County Industrial Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

1356

JOURNAL OF THE SENATE,

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SECTION 1

Article V, Section IX of the Constitution is hereby amended by adding at the end thereof the following:

"A. There is hereby created a body corporate and politic in Monroe County, to be known as the Monroe County Industrial De velopment Authority, which shall be an instrumentality of Monroe County and a public corporation and which in this amendment is hereafter referred to as the 'Authority';

"B. The Authority shall consist of five members who shall be appointed by the Board of Commissioners of Roads and Revenues of Monroe County and they shall serve for a term of five years. Vacancies shall be filled for the unexpired term by the said Board of County Commissioners. A majority of the members shall con stitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act.

"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Monroe County. The exemptions from taxation herein provided shall not include exemptions from sale and use taxes on property pur chased by the Authority or for use by the Authority.

"D. The powers of the Authority shall include, but not be limited to, the power:

"(1) To receive and administer gifts, grants and donations and to administer trusts;

"(2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, prop erty and income as security therefor;

"(3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;

"(4) To have and exercise usual powers of private corporation except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;

FRIDAY, FEBRUARY 18, 1966

1357

"(5) To encourage and promote the expansion and develop ment of industrial and commercial facilities in Monroe County so as to relieve insofar as possible unemployment within its bound aries, and to that end to acquire by purchase or gift any building or structure within the limits of Monroe County, suitable for and intended for use as a factory, mill, shop, processing plant, assem bly plant, or fabricating plant, including all necessary and appur tenant lands and appurtenances thereto, and all necessary or use ful furnishing, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such build ing;
"(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the pur pose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in con nection with the undertaking;

"(7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

"(8) To designate officers to sign and act for the Authority generally or in any specific matter;

"(9) To do any and all acts and things necessary or con venient to accomplish the purpose and powers of the Authority as herein stated.
"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Geor gia or Monroe County;

"F. The members of the Authority shall receive no compensa tion for their services to the Authority;

"G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Au thority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed,

1358

JOURNAL OF THE SENATE,

assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may pro vide for foreclosure or forced sale of any property of the Author ity upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Monroe County to pay any such bonds of the interest thereon nor to enforce payment thereof against any property of Monroe County;

"H. The Authority may authorize additional bonds, for ex tensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become neces sary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings.

"I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that:

"(1) The undertaking for which the bonds are to be issued will increase employment in Monroe County.

"(2) The lessee or purchaser of the building or buildings in volved will not by virtue of establishing operations in said County, reduce the number of employees employed by said lessee or pur chaser elsewhere in the State of Georgia.

"J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms, or corporations shall at any time be used for entertainment, or other promotional expenses.
"K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Monroe County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time.
"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Monroe County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes.

"M. This amendment shall be effective immediately upon proc lamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation.

FRIDAY, FEBRUARY 18, 1966

1359

"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Monroe County and the scope of its operations shall be limited to the territory em braced within said County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to create the NO ( ) Monroe County Industrial Development Authority?"

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 note "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 Carter Coggin Dean

Downing Edenfield Eldridge Fincher of 54th Flowers

Foster Gayner Gillis Gregory Hall

1360
Hill Holley Holloway Jackson Johnson of 38th Kidd Kilpatrick Lee Loggins Maclntyre Miller

JOURNAL OP THE SENATE,

Minish Moore McGill McKenzie Noble Owens Padgett Pennington Plunkett Rowan Sanders

Searcey Smalley Smith Spinks Tribble Ward Webb Wesberry Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 46, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 265. By Messrs. Davis and Blalock of the 33rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Heard County Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in Heard County in the State of Georgia to be known as the Heard County Development Authority, which shall be an instrumentality of Heard County and a public corporation and which in this amend ment is hereafter referred to as the 'Authority';
"B. The Authority shall consist of five members who shall serve for a term of five years and who shall be eligible for reappointment. The members shall be appointed by the governing au thority of Heard County. The first members shall be appointed for terms of one, two, three, four and five years, respectively, and thereafter their successors shall be appointed for terms of five

FRIDAY, FEBRUARY 18, 1966

1361

years. Members shall serve until their successors are duly appointed and qualified. Vacancies shall be filled for the unexpired term by the governing authority of Heard County. A majority of members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. No member of the Authority shall be a member of the gov erning authority of Heard County, but there shall be no other disqualification to hold public office by reason of membership in the Authority.
"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Heard County. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. The exemptions from taxation herein provided shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority.
"D. The powers of the Authority shall include but not be limited to, the power:
"(1) To buy, acquire, accept and give options upon, develop, improve, own, operate, maintain, sell, lease, as lessor or lessee, and mortgage land, buildings and real and personal property of all kinds within Heard County;

"(2) To receive and administer gifts, grants and donations and to administer trusts;

"(3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations operating or proposing to operate any industrial plant or estab
lishment within Heard County. The provisions of this clause shall not be construed to limit any other power of the Authority;

" (4) To borrow money for any of its corporate purposes and to issue notes, bonds and debentures and execute deeds to secure debt, trust deeds, trust agreements or indentures, and to sell, con vey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;

"(5) To issue revenue anticipation certificates or bonds for the purpose of paying all or any part of the cost of any project of the Authority. To exercise all of the rights, powers and privi
leges and be subject to the same liabilities as a municipality under the provisions of the Revenue Certificate Law of 1937 (Ga. Laws 1937, pp. 761-774), and as amended, with reference to the issuance of such certificates or bonds and validation of same insofar as such pertain to the corporate purposes of the Authority;

"(6) To contract with Heard County and other political sub divisions of the State of Georgia and with private persons and corporations and to sue and to be sued in its corporate name;

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JOURNAL OF THE SENATE,

"(7) To have and exercise usual powers of private corpora tions except such as are inconsistent with this amendment, includ ing the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority;

"(8) To encourage and promote the expansion and develop ment of industrial, agricultural, recreational and trade facilities in Heard County, and to make long-range plans therefor, so as to relieve insofar as possible unemployment within its boundaries, and to that end its acquiral by purchase or gift any building or structure within the limits of Heard County suitable for and in tended for use as a factory, mill, shop, processing plant, assembly plant, fabricating plant, or any other type of structure, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demoilition of existing structures, or through the acquisition of an existing build ing and the remodeling, renovating, reconstruction, furnishing and equipping of such building. All of such acquisitions of property or machinery, equipment or furnishings may be made through the use of funds derived through the issuance of revenue certificates and all expansions of new or existing facilities may be made thorugh the use of such funds:

"(9) To exercise such other powers and duties, consistent with the purposes of the Authority, as may be delegated to it by the governing authority of Heard County;

"(10) To accumulate its funds from year to year and to in vest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be in vested ;
"(11) To designate officers to sign and act for the Authority generally or in any specific matter;

"(12) To do any and all acts and things necessary or con venient to accomplish the purpose and powers of the Authority as herein stated.
"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against Heard County, nor the State of Georgia;
"P. The Authority shall have the same immunity and exemp tion from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in performance of the work of the Authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the state. The

FRIDAY, FEBRUARY 18, 1966

1363

Authority may be sued the same as private corporations on any contractual obligation of the Authority;

"G. The members of the Authority shall receive only such compensation for their services to the Authority as shall be au thorized by the governing authority of Heard County but such compensation shall be paid from funds of the Authority;

"H. Heard County is authorized to levy an annual tax as may be determined by the governing authority, but not to exceed two mills, on all taxable property within the County for the support of the Authority and for its use and purposes, and all funds raised by such tax shall be paid and appropriated by Heard County to the Authority and when paid to the Authority, shall become a part of its funds and may be used by it for any of its purposes and powers as herein stated or as may be hereafter provided by law, which tax shall be in addition to all other taxes authorized by law;

"I. Heard County is also authorized, in addition to the tax provided above, to appropriate to the Authority such amount from its funds each year as its governing authority shall determine to be appropriate, but not exceeding twenty per cent of its total receipts from business licenses for the year, and any funds so appropriated when paid to the Authority shall become a part of its funds and may be used by the Authority in accordance with its powers and purposes as herein stated or as may be hereafter de fined by law;

"J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or in come may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation;

"K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Heard County and its citizens, industry, agriculture, trade, commerce and recrea tion within Heard County, and making of long-range plans for such development and expansion and to authorize the use of public funds of Heard County for such purposes, and this amendment and any law enacted with reference to the Authority shall be liberally con strued for the accomplishment of this purpose;

"L. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Heard County, and the scope of its operations shall be limited to the territory embraced within Heard County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Heard County.

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"M. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Au thority shall be a debt of Heard County, nor State of Georgia;

"N. Should said Authority for any reason be dissolvde, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Heard County, subject to any mortgages, liens, leases or other encum brances outstanding against or in respect to said property at that time;
"O. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context:
"(1) The word 'project' shall be deemed to mean and include property, real and/or personal, acquired or held by the Authority for the assistance, promotion, establishment or development of a new industry or industries, or the assistance, promotion or expan sion of existing industry, trade or commerce in Heard County, or any combination thereof; the acquisition of any such property for any such purpose or purposes; the improvement of any such prop erty or properties; and/or the construction, installation and/or expansion of one or more buildings, plants, and/or articles of equip ment for the purpose of using, selling, donating, leasing and/or renting such land, properties, improvements, structures or equip ment to public or private persons, firms, corporations and/or asso ciations for such purposes.

"(2) The term 'cost of project' shall embrace: The cost of lands, buildings, improvements, machinery, equipment, properties, easements, rights, franchises, materials, labor and services acquired and/or contracted for; the cost of financing charges and/or of in terest prior to and during construction; architectural, accounting, engineering, inspection, fiscal and/or legal expenses; cost of plans and/or specifications; and/or any other expenses necessary or incident to construction and/or improvements, and/or to determin ing the feasibility and/or practicability of the project, administra tive expenses, and/or the acquisition, construction, equipping and/ or operating any project or any part thereof.

"P. This amendment shall be self-executing and effective im mediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

FRIDAY, FEBRUARY 18, 1966

1365

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to create the Heard County Development Authority and to provide
NO ( ) for powers, authority, funds, purposes and procedure connected therewith?"

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 Carter Coggin Dean Downing Edenfield Eldridge Fincher of 54th Flowers Foster Gayner Gillis Gregory Hall Hill

Holley Holloway Jackson Johnson of 38th Kidd Kilpatrick Lee Logging Maclntyre Miller Mim'sh Moore McGill McKenzie Noble Owens

Padgett Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Tribble Ward Webb Wesberry Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 46, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

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HR 266. By Mr. Rainey of the 69th:

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the City of Cordele to issue revenue bonds for the purpose of financing the costs of paving or otherwise repairing and constructing streets and sidewalks and the relocation and repairing of utility and drainage facilities, and to assess the cost thereof against abutting property owners for the repayment of such bonds; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1

Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

"Any other provisions of this Constitution to the contrary not withstanding the governing authority of the City of Cordele is hereby authorized to issue revenue bonds or obligations to finance in whole or in part the laying out, grading, paving, repaving, re surfacing and repairing of streets and sidewalks and the relocation and repairing of utility and drainage facilities within the corporate limits of the City of Cordele. Said governing authority shall be authorized to assess all or a portion of the cost of such laying out, grading, paving, repaving, resurfacing and repairing of such streets and sidewalks and the relocation and repairing of utility and drain age facilities against the abutting property owners thereof for the purpose of repaying any revenue bonds or obligations issued hereunder. Said governing authority shall also be authorized to pro vide for the issuance and enforcement of executions for the collec tion of such assessments and for the creation of liens thereby against such abutting property. Said governing authority shall be authorized to allow said abutting property owners to pay said assessments over a period of years and may charge interest on the principal amount of such assessments at a rate not to exceed 6% per annum, or, in the event execution is issued, not to exceed 1% per annum from the time of issuance of such execution until such assessment is paid or otherwise satisfied. All funds received from the assessment of said abutting property owners shall be placed in a separate fund by said governing authority and shall be used exclusively for the purpose of repaying any revenue bonds or obli gations issued hereunder. The cost of such laying out, grading, pav ing, repaving, resurfacing and repairing of streets and sidewalks and the relocation and repairing of utility and drainage facilities shall be determined and assessed under uniform rules and regula tions as adopted from time to time by the governing authority of the City of Cordele and applied uniformly to all streets, sidewalks and properties of the same class and similarly situated. Any reve nue bonds authorized to be issued hereunder shall be issued and validated pursuant to the provisions of the Revenue Bond Law, approved March 31, 1937 (Ga. Laws 1937, p. 761) as the same is

FRIDAY, FEBRUARY 18, 1966

1367

now or may hereafter be amended. Any revenue bonds issued hereunder shall not be deemed debts of, or create debts against, the City of Cordele, and the governing authority of the City of Cordele shall not exercise the power of taxation for the purpose of paying the principal or interest of any such revenue bonds or any part thereof."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to authorize the City of Cordele to issue revenue bonds for the purpose of financing the costs of paving or otherwise
NO ( ) repairing and constructing streets and sidewalks and the relocation and repairing of utility and drainage facilities and to assess the cost thereof against abut ting property owners for the repayment of such bonds?"

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 Bateman Carter

Coggin Dean Downing

Edenfield Eldridge Fincher of 54th

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Flowers Foster Gayner Gillis Gregory Hall Hill Holley Holloway Jackson Johnson of 38th Kidd Kilpatrick

Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie Noble Owens Padgett Pennington Plunkett

Rowan Sanders Searcey Smalley Smith Spinks Tribble Ward Webb Wesberry Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 46, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 281. By Messrs. Collins of the 62nd and Underwood of the 61st:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the Vidalia Development Authority to extend its activities into Mont gomery County and to provide the procedure 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 GEOR GIA:
Section 1. Article VII, Section V, Paragraph I of the Constitu tion, as amended by an Amendment creating the Vidalia Development Authority, found in Ga. Laws 1956, p. 426 and ratified at the general election of 1956, and as further amended by an Amendment found in Ga. Laws 1962, p. 1131 and ratified at the general election of 1962, is hereby amended by adding a new subparagraph to the aforesaid 1956 Amendment to be designated as Subparagraph 0 to read as follows:
"O. Any other provisions of this Paragraph to the contrary notwithstanding, the Vidalia Development Authority is hereby au thorized to extend its operations into that portion of Montgomery County in which a part of the City of Vidalia lies. It is also au thorized to extend its operations into other parts of Montgomery County upon prior approval of the governing authority of Mont gomery County."

FRIDAY, FEBRUARY 18, 1966

1369

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 authorize the Vidalia Development Authority to extend its
NO ( ) activities into Montgomery County and to provide the procedure connected therewith?"

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 htereon.

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 Carter Coggin Dean Downing Edenfield Eldridge Fincher of 54th Flowers Foster Gayner Gillis Gregory Hall Hill

Holley Holloway Jackson Johnson of 38th Kidd Kilpatrick Lee Logging Maclntyre McGill McKenzie Miller Minish Moore Noble Owens

Padgett Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Tribble Ward Webb Wesberry Young

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By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 46, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 283. By Messrs. Smith, Mitchell and Leonard of the 3rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Whitfield County to license and otherwise regulate the hauling, dumping, burning and other related matters of materials in said county; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article VII, Section IV, Paragraph I of the Constitu tion is hereby amended by adding at the end thereof the following:
"The governing authority of Whitfield County is hereby au thorized and empowered to assess and collect license fees from all persons, firms, and corporations hauling or dumping or burning or disposing in any manner of any personal property of any kind in Whitfield County. The governing authority is hereby authorized and empowered to regulate by ordinance the hauling or dumping or burning or disposing in any manner of any personal property of and kind in said county. Regulation may be by zoning or in any manner the governing authority provides. The governing authority is hereby authorized and empowered to provide penalties for the violation of any ordinances adopted pursuant to the power and authority provided for herein and violators shall be prosecuted in the Superior Court of Whitfield County."
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 authorize the governing authority of Whitfield County to li-

FRIDAY, FEBRUARY 18, 1966

1371

NO ( ) cense and otherwise regulate the hauling, dumping, burning and other related matters of materials in said county?"

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 Bateman Carter Coggin
Dean Downing
Edenfield Eldridge Fincher of 54th Flowers Foster Gayner
Gillis Gregory Hall Hill

Holley Holloway Jackson Johnson of 38th
Kidd Kilpatrick
Lee Loggins Maclntyre Miller Minish Moore
McGill McKenzie Noble Owens

Padg-ett Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Tribble Ward Webb Wesberry Young

By unanimous consent, verification of the roll call was dispensed with.

On thea adoption of the resolution, the ayes were 46, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

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HE 284. By Messrs. Gary, Lee and Harrell of the 35th:

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the governing authority of Clayton County to levy a tax not exceeding onefourth mill on all of the taxable property in the county, for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Clayton County and to provide that said fund may be used to pay the expenses incidental to the above set forth purposes; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
SECTION 1

Article VII, Section IV, Paragraph I, of the Constitution of Georgia of 1945, as amended, is hereby amended by adding at the end of Para graph I the following:
"The governing authority of Clayton County is hereby au thorized to levy a tax, in addition to those already provided for by law, not to exceed one-fourth mill, on all the taxable property in the county, for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Clayton County. Said governing authority shall be authorized to expend said funds for the aforesaid purposes including paying for advertising and other promotional expenses incidental thereto."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Gover nor is hereby authorized and instructed to cause such proposed amend ment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. Said proposed constitutional amendment shall be submitted as provided in said para graph.
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 au) thorize the governing authority of Clayton County
to levy a tax not exceeding one-fourth mill on all of the taxable property in the county for the pur pose of creating a fund to be used in assisting, pro moting, and encouraging the location of industries in Clayton County, and to provide that said fund may be used to pay the expenses incidental to the above set forth purposes?"

FRIDAY, FEBRUARY 18, 1966

1373

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 he the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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 Carter Coggin Dean Downing Edenfield Eldridge Fincher of 54th Flowers Foster Gayner Gillis Gregory Hall Hill

Holley Holloway Jackson Johnson of 38th Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie Noble Owens

Padgett Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Tribble Ward Webb Wesberry Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 46, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 288. By Mr. Johnson of the 25th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize Elbert County to establish and maintain a program of recreation for the

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citizens of Elbert County; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article IX, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows:
"The governing authority of Elbert County is hereby authorized to establish a program of recreation for Elbert County or to partici pate with any other political subdivisions located within Elbert County for the establishment and maintenance of a recreation pro gram for the citizens of Elbert County. The governing authorities of Elbert County and the political subdivisions located therein are authorized to create a recreation board and to vest in said board any and all powers which are conferred upon Elbert County and any of its political subdivisions by the provisions of this paragraph for the establishment, operation, maintenance and administration of a recreation program within Elbert County. Elbert County is hereby authorized to exercise the power of taxation for the purpose of raising funds necessary to establish such a program of recrea tion. Without limiting the power of Elbert County and any of its political subdivisions, their governing authorities are authorized to exercise any authority and power to establish and administer a recreation program which is set forth in an Act approved Febru ary 1, 1946 (Ga. Laws 1946, p. 152), as amended, relating to the establishment of a recreation program within the counties and in corporated municipalities of this state. In addition to such powers, Elbert County is authorized to exercise any power not prohibited by this Constitution for the purpose of establishing and maintaining a program of recreation for the citizens of Elbert County."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such 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:

"YES ( ) Shall the Constitution be amended so as to auNO ( ) thorize Elbert County to establish and maintain
a program of recreation for the citizens of Elbert County?"

FRIDAY, FEBRUARY 18, 1966

1375

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 Carter Coggin Dean Downing Edenfield Eldridge Fincher of 54th Flowers Foster Gayner Gillis Gregory Hall Hill

Holley Holloway Jackson Johnson of 38th Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie Noble Owens

Padgett Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Tribble Ward Webb Wesberry Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 46, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 289. By Mr. Leonard of the 3rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Murray County Industrial Development Authority; to provide for

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JOURNAL OF THE SENATE,

powers, authority, funds, purposes and procedures connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

"A. There is hereby created a body corporate and politic in Murray County to be known as the 'Murray County Industrial De velopment Authority' hereinafter referred to as the 'Authority', which shall be an instrumentality of Murray County and a public corporation.

"B. The Authority shall consist of seven (7) members who shall serve for a term of four (4) years each and who shall be eligible for reappointment. The members shall be appointed by the governing authority of Murray County, and the members may be residents of any area of Murray County. The first members of the Authority shall be appointed for terms of two for one year; two for two years; two for three years and one for four years and until their successors are elected and qualified. The governing authority of Murray County shall designate the terms of office of the first members when making the appointment. Thereafter, the terms of office of all members shall be for four (4) years and until their successors are elected and qualified. Vacancies shall be filled for the unexpired term by the governing authority of Murray County. A majority of the members shall constitute a quorum and a ma jority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. No member of the Au thority may be a member of the governing authority of Murray County, but there shall be no other disqualification to hold public office by reason of membership on the Authority.

"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Mur ray County. The exemptions from taxation herein provided shall not include exemptions from sale and use taxes on property pur chased by the Authority or for use by the Authority.

"D. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. The right of any private person to use or occupy any real estate of the Authority for a period of one year or longer under any lease or other agree ment for the purpose of taxation shall be classed as an interest in the real estate and as real property and shall be taxed as real property as now provided by law, or may be taxed as the General Assembly may hereafter provide by general or local law. The tax exemption herein provided also shall not include exemption from

FRIDAY, FEBRUARY 18, 1966

1377

sale and use taxes on property purchased by the Authority or for use of the Authority.
"E. The powers of the Authority shall include but not be limited to, the power:
(1) To buy, acquire, develop, improve, own, operate, main tain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within the limits of Murray County:

(2) To receive and administer gifts, grants and donations and to administer trusts;
(3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations operating or promising to operate any industrial plant or establishment with in Murray County which in the judgment of the Authority will be a benefit to the people of said County. The provisions of this clause shall not be construed to limit any other power of the Authority;

(4) To borrow money, to issue notes, bonds, and revenue certifi cates therefor, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;

(5) To contract with Murray County and other political sub divisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;

(6) To have and exercise usual powers of private corporation except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents, and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority;

(7) To encourage and promote the expansion and develop ment of industry, agriculture, trade, and commerce and the facilities therefor in Murray County, and to make long-range plans therefor, to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Murray County, suitable for and in tended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurte nances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building. No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling

1378

JOURNAL OP THE SENATE,

due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking;

(8) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

(9) To designate officers to sign and act for the Authority generally or in any specific matter;
(10) To do any and all acts and things necessary or con venient to accomplish the purpose and powers of the Authority as herein stated;
"F. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Geor gia or Murray County.
"G. The Authority shall have the same immunity and exemp tion from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in performance of the work of the Authority, shall have the same im munity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Au thority may be sued the same as private corporations on any con tractual obligation of the Authority.

"H. The members of the Authority shall receive no compensa tion for their services of the Authority.

"I. The Authority, with the consent of the governing authority of Murray County and to carry out the purpose of this amendment is hereby authorized to issue Revenue Bonds bearing rate or rates of interest and maturity at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761), as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be is sued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for forclosure, or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Bonds, thus issued, shall be paid first from the income of the

FRIDAY, FEBRUARY 18, 1966

1379

Authority. In the event such income is not sufficient to pay the principal and interest of such Revenue Bonds, as they mature, then the governing authority of Murray County is authorized and required to provide the additional funds necessary to make such payment, and for this purpose the said governing authority is au thorized to levy an annual tax on all taxable property within the county provided such tax shall not exceed two mills.

"J. The governing authority of Murray County is also au thorized in addition to the tax provided in Paragraph I, to ap propriate to the Authority such amount from its funds each year as it shall see fit, and any funds so appropriated when paid to the Authority shall become a part of the funds of the Authority and may be used for the purposes as herein stated or as may hereafter be defined by law.
"K. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or in come may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation.

"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Murray County and its citizens, industry, agriculture and trade within the County of Murray, and making long-range plans for such development and expansion and to authorize the use of public funds of Murray County for such purpose, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose.

"M. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first mem bers of the Authority shall be appointed within thirty days after such proclamation.
"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the samo, and may likewise further regulate the management and conduct of vh.<> Authority. The Authority shall be an instrumentality of Murray County. an(j the scope of its operations shall be limited to the territory embraced within Murray County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations be yond the limits of Murray County.

"O. There shall be no limitations upon the amount of debt which the Authority may incur, but no debt created by the Au thority shall be a debt of Murray County or the State."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two

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JOURNAL OF THE SENATE,

branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( NO (

) Shall the Constitution be amended so as to create ) the Murray County Industrial Development Au
thority and to provide for powers, authority, funds, purposes and procedures connected therewith?"

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 afirmative were Senators:

Adams Batem" curter Goggin Dean Downing Edenfield Eldridge Pincher of 54th Flowers Foster Gayner Gillis Gregory Hall Hill

Holley Holloway Jackson Johnson of 38th Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie Noble Owens

Padgett Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Tribble Ward Webb Wesberry Young

FRIDAY, FEBRUARY 18, 1966

1381

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 46, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 291. By Mr. Roach of the 15th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Cherokee County Development Authority; to provide for powers, au thority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. That the Constitution of the State of Georgia as here tofore amended, is hereby further amended by adding at the end of Article VII, Section V, Paragraph I the following paragraphs, to be appropriately numbered, which shall read as follows:
"A. There is hereby created a body corporate and politic in Cherokee County to be known as the Cherokee County Development Authority, which shall he an instrumentality of the State of Geor gia and Cherokee County and a public corporation and which in this amendment is hereafter referred to as the 'Authority'.
"B. The Authority shall consist of seven members. The Com missioner of Roads and Revenues for Cherokee County shall appoint two members, the Mayor and Council of the City of Ball Ground shall appoint one member; the Mayor and Council of the City of Canton shall appoint one member; the Mayor and Council of the City of Holly Springs shall appoint one member; the Mayor and Council of the City of Walesca shall appoint one member, and the Mayor and Council of the City of Woodstock shall appoint one member. All members shall serve for four-year terms and may succeed themselves. Said members shall have control, duties, powers and authority as are hereby conferred and as may be prescribed or provided for by the General Assembly, and such additional powers as may be delegated to the Authority by Cherokee County. Members of the Authority shall be residents of Cherokee County. The Authority shall elect a chairman, a vice-chairman and a secre tary-treasurer. The secretary-treasurer shall not be required to be a member of the Authority. A majority of the members shall consti tute a quorum and a majority may act for the Authority in any manner.;
"C. All property or income the title to which is vested in the Authority and all debentures, notes, bonds and revenue bonds or

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JOURNAL OF THE SENATE,

obligations issued by the Authority shall have the same immunity from taxation within the State of Georgia as property, income and obligations and interest on the obligations of Cherokee County. The exemptions from taxation herein provided shall not include exemp tions from sale and use taxes on property purchased by the Authori ty or for use by the Authority.;

"D. The powers of the Authority shall include, but not be limited to, the power:

"(1) To receive and administer gifts, grants and donations and to administer trusts;
"(2) To borrow money, to issue notes, bonds and revenue obligations, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, prop erty, contract rights and income as security therefor;
"(3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;
"(4) To have and exercise usual powers of private corpora tions except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties; which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;
"(5) To encourage and promote the expansion and develop ment of industrial and commercial facilities in Cherokee County so as to relieve insofar as possible unemployment within its bound aries, and to that end to acquire by purchase or gift any building or structure within the limits of Cherokee County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant or fabricating plant, including all necessary and appurtenant thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnish ing and equipping of such building;
"(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the pur pose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connec tion with the undertaking;

FRIDAY, FEBRUARY 18, 1966

1383

"(7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

"(8). To designate officers to sign and act for the Authority generally or in any specific matter;
"(9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.
E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Geor gia, Cherokee County, or the municipalities named herein.

"F. The members of the Authority shall receive no compensa tion for their services to the Authority;
"G. In order to finance any undertaking within the scope of its power or to refund any bonds or obligations then outstanding, the Authority is hereby authorized to issue bonds bearing a rate or rates of interest and maturing in the years and amounts deter mined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Reve nue Bond Law (Ga. Laws 1937, p. 761), as now or hereafter amended, and the validation shall have the same force and effect as if said obligations had been originally authorized to be issued thereunder. Any property, real or personal, in existence or antici pated, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for the payment of said bonds. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing contained herein shall be construed to create a right to compel any exercise of the taxing power of Cherokee County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Cherokee County.
"H. No monies derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expense.
"I. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to the municipalities of Ball Ground, Canton, Holly Springs, Walesca, Woodstock and to Cherokee County, subject to any mortgages, liens, leases or other encumbrances outstanding against or in re spect to said property at that time.
"J. The Authority, in exercising the powers in the manner herein granted, is hereby deemed and declared to be a public cor-

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JOURNAL OF THE SENATE,

poration and an instrumentality of purely public charity perform ing an essential governmental function in behalf of Cherokee County. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare, industry and trade within Cherokee County and reducing unemployment to the great est extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes.

"K. This amendment shall be effective immediately upon proc lamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty days after such proclamation.

"L. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of the State of Georgia and Cherokee County and the scope of the operations of the Au thority shall be limited to the territory embraced within said County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Cherokee County."

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 ( ) Shall the Constitution be amended so as to create the NO ( ) Cherokee County Development Authority?"

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.

FRIDAY, FEBRUARY 18, 1966

1385

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 Carter Coggin Dean Downing Edenfield Eldridge Fincher of 54th Flowers Foster Gayner Gillis Gregory Hall Hill

Holley Holloway Jackson Johnson of 38th Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie Noble Owens

Padgett Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Tribble Ward Webb Wesberry Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 46, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 316. By Mr. Anderson of the 71st:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Pulaski County-Hawkinsville Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article V, Section IX of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in Pulaski County to be known as the Pulaski County-Hawkinsville

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JOURNAL OF THE SENATE,

Development Authority, which shall be an instrumentality of Pulaski County and the City of Hawkinsville and a public corporation and which in this amendment is hereafter referred to as the 'Authority';
"B. The Authority shall consist of nine members as follows:

(1) One member shall be the Commissioner of Roads and Revenues of Pulaski County.

(2) One member shall be appointed by the Commissioner of Roads and Revenues of Pulaski County.

(3) One member shall be the Chairman of the Board of Com missioners of the City of Hawkinsville.

(4) One member shall be appointed by the Board of Commis sioners of the City of Hawkinsville.

(5) One member shall be the chief executive officer of the Bank of Finleyson.
(6) One member shall be the chief executive officer of Planters Bank of Hawkinsville.
(7) One member shall be the chief executive officer of the Pulaski Banking Company of Hawkinsville.

(8) One member shall be the President of the Pulaski County Farm Bureau.
(9) One member shall be the Chairman of the Pulaski County Development Board.
All members, except those appointed by the Commissioner of Roads and Revenues of Pulaski County and the Board of Commissioners of the City of Hawkinsville, shall hold office as members of the Authority concurrent with their holding the office or holding the position desig nated herein. The members appointed by the Commissioner of Roads and Revenues of Pulaski County and by the Board of Commissioners of the City of Hawkinsville shall be appointed for terms of two years and until their successors are appointed and qualified. Successors to such appointees shall be appointed by the original appointing authorities for terms of two years and until their successors are appointed and qualified. Any vacancies, except vacancies of the members appointed by the Commissioners of Roads and Revenues of Pulaski County and by the Board of Commissioners of the City of Hawkinsville which shall be filled for the unexpired term by the appointing authorities, shall be filled by a majority of the remaining members. A majority of the mem bers shall constitute a quorum for the transaction of business, but no vacancy shall impair the power of the Authority to act.

"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of

FRIDAY, FEBRUARY 18, 1966

1387

Pulaski County and the City of Hawkinsville. The exemptions from taxation herein provided shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority.

"D. The powers of the Authority shall include, but not be limited to, the power:

(1) To receive and administer gifts, grants and donations and to administer trusts;

(2) To borrow money, to issue notes, bonds and revenue cer tificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, prop erty and income as security therefor;

(3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;

(4) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;

(5) To encourage and promote the expansion and development of industrial and commercial facilities in Pulaski County and the City of Hawkinsville, and to that end to acquire by purchase or gift any building or structure within said county or city suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such build ing;

(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues, which may be pledged for the pur pose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connec tion with the undertaking.

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JOURNAL OF THE SENATE,

(7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

(8) To designate officers to sign and act for the Authority generally or in any specific matter;

(9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.
"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Geor gia, Pulaski County or the City of Hawkinsville.

"F. The members of the Authority shall receive no compensa tion for their services to the Authority.

"G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Au thority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Law 1937, p. 761) as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agree ment or indenture not in conflict with the provisions of this amend ment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or conditions under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Pulaski County or the City of Hawkinsville to pay any of the said obligations of said Authority.
"H. The Authority may authorize additional bonds, for ex tensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become neces sary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings.
"I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that the under taking for which the bonds are to be issued will increase employ ment within Pulaski County or the City of Hawkinsville.
"J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or

FRIDAY, FEBRUARY 18, 1966

1389

corporations shall at any time be used for entertainment, or other promotional expenses.
"K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Pulaski County and the City of Hawkinsville, subject to any mort gage, liens, leases or other encumbrances outstanding against or in respect to said property at that time.

"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade in Pulaski County and the City of Hawkinsville and reducing un employment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be lib erally construed for the accomplishment of these purposes.

"M. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first members of the Authority shall take office as members of said Authority within thirty (30) days after such proclamation.

"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise
further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Pulaski County and the City of Hawkinsville and the scope of its operations shall be limited to the territory embraced within said County and City. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to create the NO ( ) Pulaski County-Hawkinsville Development Author ity?"
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

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State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call \vas ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Bateman Carter Coggin Dean Downing Edenfield Eldridge Pincher of 54th Flowers Foster Gayner Gillis Gregory Hall Hill

Holley Holloway Jackson Johnson of 38th Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie Noble Owens

Padgett Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Tribble Ward Webb Wesberry Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 46, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 320. By Messrs. Story and Watson of the 22nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to create a fivemember Board of Commissioners of Roads and Revenues for Gwinnett County and to provide for a county manager form of government there in; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

FRIDAY, FEBRUARY 18, 1966

1391

Section 1. Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following:

"Section 1. Board of Commissioners created. At the time and in the manner hereinafter provided for, there is hereby created in and for the County of Gwinnett a Board of Commissioners of Roads and Revenues to be elected and organized as hereinafter set forth, which board of commissioners shall constitute the governing authority of said county and shall exercise the powers, duties and responsibilities herein vested in and imposed upon said officers. The term 'commission' wher ever employed herein, shall mean the Board of Commissioners of Roads and Revenues, including the chairman and all members.

Section 2. (A). Commissioner Districts. The commission estab lished herein shall consist of five (5) members. All such members shall be elected by the qualified voters of their commission district and each candidate for membership on the commission shall be a resident of their commissioner district, hereinafter created, which he offers to represent, and no two members of the commission shall reside in the same commissioner district. In all elections held pursuant to this Act, each candidate shall designate the post for which he offers, and the candidate receiving the largest number of votes shall be declared elected to represent his district. For the purpose of the election of commission members, Gwinnett County is hereby divided into five (5) commissioner districts to be constituted and designated as follows:

Commissioner District Number One shall include all that territory embraced within the following militia districts: Georgia Militia District No. 407, the same being known as the Lawrenceville District; Georgia Militia District No. 1587, the same being known as the Rocky Creek District; Georgia Militia District No. 1564, the same being known as the Dacula District; and Georgia Militia District No. 478, the same being known as the Harbins District.

Commissioner District Number Two shall include all that territory embraced within the following militia districts: Georgia Militia District No. 550, the same being known as the Sugar Hill District; Georgia Militia District No. 444, the same being known as the Hog Mountain District; Georgia Militia District No. 1397, the same being known as the Pucketts District; Georgia Militia District No. 1749, the same being known as the Duncans District.

Commissioner District Number Three shall be all of Georgia Mili

tia District No. 406, the same being known as the Pinkneyville District;

Georgia Militia District No. 405, the same being known as the Berkshire

District.

,

Commissioner District Number Four shall be all of Georgia Militia District No. 1578, the same being known as the Garner District; Geor
gia Militia District No. 408, the same being known as the Gates District; Georgia Militia District No. 1295, the same being known as the Bay Creek District; Georgia Militia District No. 571, the same being known as the Rockbridge District.

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JOURNAL OF THE SENATE,

Commissioner District Number Five shall be all of Georgia Militia District No. 1263, the same being known as the Duluth District; Geor gia Militia District No. 1604, the same being known as the Suwanee District; Georgia Militia District No. 404, the same being known as the Goodwin District; Georgia Militia District No. 544, the same being known as the Martins District.

(B). Qualifications of commission members. Members of the com mission shall be citizens of this State who have attained the age of thirty (30) years and who have been residents of their respective com missioner district for not less than two years preceding their election, and shall hold no other elective public office.

Section 3. Election and term of commission members. The mem bers of the commission created herein to represent commissioner dis tricts shall be elected at the general election held for members of the General Assembly in 1968, and their terms shall commence on January 1, 1969. Other than elections to fill vacancies for unexpired terms, they shall serve for terms of four years each and until their respective suc cessors are elected and qualified.

Section 4. Election returns; vacancies. In all elections for mem bers of the commission held pursuant to this Act, the returns shall be canvassed and the results of same certified as provided by law for elections for members of the General Assembly, and the persons so certified shall be declared and deemed to be elected to such office. In the event of a vacancy in the office of a member of the commission whose unexpired term exceeds one hundred eighty (180) days, it shall be the duty of the ordinary to call a special election for the filling of such vacancy, which election shall be governed by the general laws of force in this State in regard to special elections for the filling of va cancies. In the event such unexpired term does not exceed one-hundred eighty (180) days, it shall be the duty of the ordinary to fill the vacancy by appointment.
Section 5. Recall of commission member. Any member of the com mission shall be subject to a recall election at any time after nine months of his term has expired. The petition for any such recall elec tion must be signed by not less than twenty-five per cent (25%) of the qualified registered voters of said member's commission district, and shall be filed in the office of the ordinary of said county. No such petition shall be filed with the ordinary, however, unless there is at tached thereto a certificate executed by the registrar or deputy regis trar having charge of voters' registration cards in Gwinnett County certifying that the names appearing on said petition have been veri fied by comparison with the list of qualified, registered voters main tained by him, and that the names appearing thereon constitute not less than twenty-five percent (25%) of such voters. Such certificate shall be furnished by said registrar or deputy registrar within thirty (30) days from the date such petition is presented to him for certifica tion. When such certified petition has been so filed with the ordinary, it shall be his duty to call an election to be held not more than thirty (30) days from the date of filing of such petition with him, and to fix the date thereof, and cause notice thereof to be published in the county gazette at least twice before each such election. The ballots or voting

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machines employed in such election shall state the name of the officer whose recall has been petitioned, the office which he holds, and the dates of the beginning and termination of his official term, and shall be prepared so as to enable voters in such election to vote "For recall of the above named officer" or "Against recall of the above named officer." The ordinary shall forthwith publish the results of such elec tion, and if a majority of those voting in such election have voted in favor of recall, the office in question shall be vacated from the date of such publication, and the officer so recalled shall not be eligible to election or appointment to the unexpired term. If a majority of those voting in such election vote against recall, the official shall retain his office. Vacancies created by a recall election shall be filled in the same manner as herein provided for the filling of other vacancies. If in the opinion of the ordinary it is practicable to do so, said election may be held in accordance with the Act approved March 28, 1947 (Ga. Laws 1947, p. 1203), by the use of voting machines. No officer subject to the provisions of this section shall be subject to more than one recall elec tion during a term of office.
Section 6. Oath and bond. Before entering upon the discharge of their duties, the members of the commission shall subscribe an oath before the ordinary of said county for the true and faithful perform ance of their duties and that they are not the holders of any public funds unaccounted for. Each member of the board shall give like bond in the sum of ten thousand dollars ($10,000.00). The costs of said bonds shall be paid out of the county treasury.

Section 7. Compensation. Members of the commission herein cre ated shall be paid as their entire compensation for services as same the sum of one hundred dollars ($100.00) each per month to be paid out of the county treasury upon warrants drawn upon the county treasury. The salary so fixed shall constitute the entire compensation to which a commission member shall be entitled.

Section 8. Chairman. At the first regular meeting in January of each year, the commission shall elect from its members, a chairman and vice-chairman. The chairman shall preside at all commission meet ings. The vice-chairman shall preside at commission meetings in the absence of the chairman, and both chairman and vice-chairman shall serve for the current calendar year. In the event of a vacancy in the office of chairman or vice-chairman, the commission shall elect a new chairman to serve for the remainder of the calendar year.

Section 9. Meetings. The board of commissioners shall hold regu lar meetings on the second and fourth Tuesdays of each month at 2:00 o'clock P.M. at the county seat, which meetings shall be open to the public, and may hold such additional meetings as shall be necessary when called by any three members of the commission, provided all mem bers shall have been notified at least three days in advance of such special meeting. No official action shall be taken by the commission except in a meeting which is open to the public. Any four (4) members of the commission shall constitute a quorum, except that a lesser num ber shall be sufficient to recess or adjourn any meeting; but no official action shall be taken except upon the affirmative vote of at least three members of the commission. The chairman shall be entitled to the

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same voting rights as other commission members on questions con sidered by the commission.
Section 10. The commission. The commission shall have the power and authority to fix and establish, by appropriate resolution entered on its minutes, policies, rules and regulations governing all matters reserved to its exclusive jurisdiction, which policies, rules and regula tions, when so adopted, with proper entry thereof made on the com mission minutes, shall be conclusive and binding on the county manager. The policies, rules and regulations, when so adopted, by the commis sion, shall be carried out, executed and enforced by the county manager as chief executive officer of the county, and the commission shall exer cise only those administrative powers which are necessarily and prop erly incident to its function as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolution. Any action taken by said county manager which is in conflict with such adopted resolutions and which deals with matters exclusively reserved to the jurisdiction of the commission shall be null, void and of no effect. The following powers are hereby vested in the Commission and re served to its exclusive jurisdiction:

(a) To levy taxes.

(b) To make appropriations.

(c) To fix the rates of all other charges.

(d) To authorize the incurring of indebtedness.

(e) To order work done where the cost is to be assessed against benefitted property, and to fix the basis for such assessment.

(f) To authorize contracts, except contracts of employment, involving the expenditure of county funds in excess of $5,000.00.

(g) To establish, alter, or abolish public roads, private ways, bridges and ferries, according to law, provided, however, that the county manager shall have the authority to accept subdivision plats when the requirements established by the commission for subdi visions have been met.
(h) To establish, abolish, or change election precincts and militia districts according to law.

(i) To allow the insolvent lists for the county.

(j) To accept, for the county, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county, or by the Commissioner or Board of Com missioners of the county.
(k) To exercise, all powers, duty and authority heretofore imposed upon or vested in the Commissioner of Roads and Reve nues of Gwinnett County in respect to zoning and planning.

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1395

(1) To create and change the boundaries of special taxing dis tricts authorized by law.

(m) To fix the bonds of county officers where same are not fixed by statute.

(n) To enact any ordinances or other legislation the county may be given authority to enact.

(o) To determine the priority of capital improvements,

(p) To call elections for the voting of bonds.

(q) To exercise all of the power and authority heretofore vested by law in the ordinary when sitting for county purposes, and delegated by law to the Commissioner of Roads and Revenues of Gwinnett County, together with all power and authority which may hereafter be delegated by law to the governing authority of the county, by whatever name designated.

Section 11. Reports of officers. The commission shall be empow ered to require of all county officers reports on the general or specific conduct of the financial affairs of their respective offices.

Section 12. Appointments to statutory positions. The appointment and removal of, and the compensation to be paid to, persons filling of fices and positions created by State statute, where not otherwise pre scribed by such statute, shall be made and fixed by the board of com missioners, within budgetary provisions.

ARTICLE III. Internal Organization of County Government.

Section 13. Departments. The internal organization of the county government hereby established subordinate to and as administrative instrumentalities of the commission shall be divided into the following departments:
1. Finance. 2. Water. 3. Public works. 4. Public safety. 5. Fire. 6. Parks and recreation. 7. Law. 8. Buildings and inspections. 9. Sewer. 10. Zoning and planning.

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Additional departments may be created, or any two or more depart ments may be consolidated, from time to time by a majority of the commission, except that the department of finance shall be maintained at all times as a separate and distinct department.

ARTICLE IV. Fiscal Affairs and Records.

Section 14. Department of finance. The department of finance shall be under the control and supervision of the director of finance, who shall be appointed by the commission or a majority of them. The department of finance shall, pursuant to the resolutions adopted by the commission and instructions given by the county manager, perform the following functions:
(1) Keep and maintain accurate records reflecting the finan cial affairs of the county.
(2) Compile, in cooperation with the county manager and county auditor, the annual budget covering all county funds.

(3) Make quarterly allotments of monies appropriated and budgeted to each department, office or agency of the county entitled to receive same.
(4) Maintain current control accounts over the collection and deposit of monies due the county from taxes and other sources.

(5) Maintain budgetary control accounts showing encum brances for obligations entered into, liquidation of such encum brances, unencumbered balances of allotments, unexpended bal ances of allotments, and unallotted balances of appropriations.

(6) Maintain proprietary accounts of the current assets and of the liabilities of all county funds.

(7) Prepare and issue quarterly financial reports of the opera tions of all county funds.

(8) Establish rules and regulate purchasing service for all county departments, offices and agencies. Formal, three or more, sealed bids, after advertising for same, must be obtained on all purchases exceeding five hundred dollars ($500.00). All bids shall be open at the next regular meeting of the Board of Commission.

(9) Maintain property control records of all county property, induing equipment and stores.

(10) Plan and prepare for meeting the financial needs of the county, project financial requirements, recommend means of fi nancing those requirements and advise the county manager and commission on financial matters.

(11) Perform such other duties as may be assigned by the commission.

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Section 15. Records, minutes. The director of finance shall be ex officio clerk of the commission, and shall keep a proper and accurate book of minutes wherein shall appear all the acts, orders and proceed ings of the commission, in chronological order, and a similar book of minutes wherein shall appear, in chronological order, all acts, orders and proceedings of the chairman. The minute books of the commission shall be open to public inspection at all times during the regular office hours, and certified copies of any entries therein shall be furnished by the said clerk to any person requesting same upon payment of a reason able fee, to be paid into the county treasury as other funds, to be assessed by the commission in an amount sufficient to defray the cost of preparing same.
Section 16. Budget and appropriations. The county manager shall submit annually to the commission, not later than December 1st, a proposed budget governing expenditures of all county funds, including capital outlay and public works projects, for the following year. The commission shall thereafter hold a public hearing on the budget, giving notice thereof at least ten (10) days in advance by publication of such notice and of the proposed budget in the official organ of Gwinnett County and by posting same at the courthouse door. The budget shall then be reviewed and adopted or amended by the commission at the first regular meeting in February of the year to which it applies, which budget, when so adopted or amended, by the commission, shall constitute the commission's appropriation of all funds for such year. The budget so adopted may be revised during the year only by formal action of the commission in a regular meeting and no increase shall be made therein without provision also being made for financing same. The proposed budget submitted by the county manager shall be accompanied by a report containing information and data relating to the financial affairs of the county pertinent to arriving at and establishing the annual budget. A copy of the budget and of each revision or amendment to same shall be transmitted by the commission chairman to the grand jury of the Superior Court of Gwinnett County within ten days from the time such budget or amendment thereof is adopted by the commission.
Section 17. Expenditures by allotments. No expenditure of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the commission. The county manager shall enforce compliance with this provision by all departments of county government, including those for elected officers, and to this end shall, through the director and department of finance, institute a system of quarterly allotments of all monies appropriated and budgeted.

Section 18. Audits. The commission shall on or before January 31st annually employ a certified public accountant for the making of an annual continuous audit of county finances and financial records. The accountant so employed shall be paid out of county funds, and shall perform a complete audit of the financial records of the county for the ensuing year, pointing out any irregularities found to exist, and re porting the results of such audit to the commission at least quarterly. Each quarterly and annual report submitted to the commission shall be filed with the department of finance and be made available to public inspection as other records in such office. The commission shall cause to be published in the official organ of Gwinnett County and posted at the courthouse door a statement of the financial condition of the county

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as of December 31 and June 30 of each year. Said accountant shall trans mit to the grand jury of the Superior Court of Gwinnett County a copy of each quarterly and annual report furnished by him to the commission.

ARTICLE V. Creation of County Manager.

Section 19. There is hereby created the office of county manager of Gwinnett County, Georgia. Not later than six months following aproval of this Act the county manager shall be elected by a majority vote of the board of county commissioners of roads and revenues of said county, hereinafter referred to as the county commission, for an indefinite term. In the event of a vacancy in said office from any cause, the county commission shall elect a successor by a majority vote.
Section 20. The county manager may be suspended or removed at the pleasure of the county commission by a majority vote of the county commission. In case of suspension or removal the county man ager shall be given a written statement of the reasons for such action. He may within five (5) days from receipt thereof request a public hearing thereon before the county commission which request shall be filed with the Clerk of the county commission. Upon receipt of such request, a hearing shall be set not earlier than ten (10) days, nor later than fifteen (15) days from the date of such request. Pending such hearing, and until final action has been taken thereon, the county manager may be suspended from office and all of the duties thereof performed by some other person designated by the county commission to perform such duties. The action of the county commission in sus pending or removing the county manager shall be final.

Section 21. No person shall be county manager before he shall have attained his thirtieth (30th) birthday, but shall not be eligible to hold the office after he reaches the age of sixty-five (65) years. He shall be of good character, be of proven executive ability and experience. No person related by blood or marriage within the third degree, to any member of the county commission, or who is a member of the county commission, or holder of a public elective office in the county or in any city or town political subdivision located within the territorial limits of the county at the time of his appointment or one year prior thereto, shall be eligible for appointment as county manager.

Section 22, Before entering upon his duties, the county manager shall take and subscribe an oath, for the faithful performance of his duties under this Act, which oath shall be duly entered on the minutes of the county commission.
Section 23. The county manager shall be the Chief Executive Of ficer of the county. It shall be his duty to execute all lawful orders, directions, instructions, and all rules and regulations adopted by the county commission consistent with this Act and entered upon the min utes of said county commission. He shall have supervision over all em ployees of the county now or hereafter subject to the jurisdiction of the county commission. The county manager shall be the appointing authority for the heads of all departments where the power of appoint ment is now or hereafter vested in the county commission, except the county attorneys, auditors and director of finance. Subject to Civil Service rules and regulations, where applicable, the county manager

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shall be the appointing authority for all employees whose appointment is now or hereafter vested in the county commission, and shall have the right to employ and discharge the same; and subject to Civil Serv ice rules and regulations to prepare and to recommend salary scales for all county employees; to prescribe the duties and supervise the work of county empolyees; to require reports from heads of departments, and other employees trusted with administrative duties or exercising discretion. The county manager shall have at all times the authority to examine all books and papers of every officer and department of the county.
Section 24. Subject to rules established by the county commission, the county manager shall authorize all purchases for the county, sub ject only to the laws requiring advertisement and bids. He shall approve all requests for supplies and materials before same shall be delivered from any county warehouse or storage, shall supervise the disbursement of all county funds, and shall render such reports as may be required by the county commission. The county manager may delegate purely administrative duties to subordinates in the county government, whose work the county manager shall supervise and direct; provided, how ever, the delegation or assignment of duties to subordinates shall not relieve the county manager from his responsibilities for administration of county affairs.
Section 25. The county manager shall not engage in or be con cerned with any partisan politics or any political campaign. He shall not contribute to any campaign fund or solicit funds for political pur poses from any other person. He shall not appoint any relative as an employee of such county, unless such relative shall qualify and become eligible for appointment under the Civil Service, and be recommended by the Civil Service Board. He shall not be eligible for election as a member of the county commission for a period of four (4) years after termination of his service as county manager.
Section 26. The County manager shall devote his entire time to the duties of his office and shall maintain his office at the courthouse or county office building.
Section 27. As Chief executive Officer of such county, it shall be the duty of the county manager to conduct, supervise and administer all county affairs, subject only to the general law, to rules prescribed by the county commission, and subject to the right of the county com mission to review, repeal or modify any action of the county manager which is contrary to the general law or such rules, by a vote of a ma jority of the county commission at any subsequent, regular or called meeting, when such vote thus reviewing, repealing or modifying the action of the county manager shall be entered in writing on the minutes of the county commission.
Section 28. The county manager shall receive all requests for pub lic work, road building, repairs to bridges and roads and public build ings the construction of water and sewer mains, the opening, grading and improving of public roads and sidewalks. It shall be his duty to investigate and recommend to the county commission a program for all of such work, provided nothing herein shall be construed to prevent the county manager from performing immediately any work in an emergency that is necessary to protect the interests of the county or the citizens thereof. It shall be the duty of the county manager to

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receive and consider requests for appropriations of county funds, all of which he shall investigate and report to the county commission, with his recommendation thereon.
Section 29. All request and reports of county officers and de partments shall be made to the county manager for his recommenda tion to the county commission; the use and disposition of county prop erty shall be under the supervision and direction of the county manager, subject to approval by the county commission; all claims against the county shall be presented to the county manager, who shall investigate same and report same to the county commission together with his recommendation thereon.
Section 30. The county manager with the cooperation of the Coun ty Audit shall pre-planned and present to the county commission a budget for each calendar year; when the budget has been prepared and adopted as provided by law, it shall be the duty of the county manager to execute said budget. No department or officer of county government shall exceed the budget without the approval of the county commission.

Section 31. It shall be the duty of the county manager to investi gate the tax digests and to recommend to the county commission the levy of a sufficient tax upon all property of such county, which tax, together with all other sources or revenue which may lawfully be anticipated, shall be sufficient to balance the budget, after same has been adopted.
Section 32. All orders, directions and instructions from the county commission to the county manager shall be duly entered on the minutes of the county commission. No member of the county commission shall privately issue orders to the county manager or interfere with the county manager in the administration of his duties.

Section 33. The county manager shall be paid an annual salary of not less than Ten Thousand Dollars ($10,000.00) per annum, nor more than Twenty Thousand Dollars ($20,000.00) per annum, said salary to be fixed annually in January of each year by the county commission.

Section 34. Before entering upon his duties, the county manager shall give bond in the amount of twenty-five thousand dollars (25,000.00) payable to the county, upon which bond action may be brought in the name of the county at the instance of the county commission, for any act of misfeasance, nonfeasance or malfeasance; the premium on such bond shall be paid out of the county treasury and the bond shall be kept by the ordinary of such county.

ARTICLE VI. Miscellaneous Provisions.

Section 35. Agreement of candidates. It shall be unlawful for any candidate for the office of member of the commission, or for nomination to such office, to enter into any agreement or understanding with any person as to the disposal of any work or appointment which is or shall be under the control of the commission, and any person so offending shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in the Code of Georgia.

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Section 36. Officials not to be interested in contracts. No member of the commission or other county officer empowered to use public or county funds for the purchase of goods, property, or services of any kind for public or county purposes shall be financially interested, di rectly or indirectly, in any contracts to which the county is a party, either as principal, surety or otherwise; nor shall such officer, his partner, agent, servant or employee of a firm of which he is a member or by whom he is employed purchase from or sell to the county any real or personal property, goods, or services. Any contract made in violation of any of the foregoing provisions shall be void, and the officer so offending shall be removed from office upon proper proceedings insti tuted by any taxpayer in said county in accordance with the provisions of Section 23-1714 of the Code of Georgia of 1933. Provided, however, that the provisions of this section shall not be applicable to any con tract which has been approved, prior to execution, performance and payment thereon, by a majority of the commission by a proper entry
on the minutes of the commission.

Section 37. The General Assembly is authorized to provide by local law for the alteration or change of any of the provisions contained within this amendment to the Constitution by the enactment of local legislation amending such provisions without the necessity of seeking an amendment to the Constitution or the approval of the citizens of Gwinnett County in order to effect such change or alteration.

Section 38. Effective date. This amendment, if ratified by the voters of Gwinnett County in the general election conducted in 1966, shall become effective on January 1, 1969, except for those provisions of Section 3, relating to the election of initial members of the Commis sion, which shall become effective at the time provided for therein, and the Board of Commissioners of Roads and Revenues for Gwinnett County as created by an Act approved August 16, 1915 (Ga. Laws 1915, p. 244), as amended shall be abolished at 11:59 p.m. on December 31, 1968.
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 ( NO (

) Shall the Constitution be amended so as to create ) a five-member Board of Commissioners of Roads
and Revenues for Gwinnett County and to provide fino?r"a county manager form of government there

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".

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If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall be come a part of the Constitution of this state. The returns of the election shall be made in like manner as 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 Carter Coggin Dean Downing Edenfield Eldridge Fincher of 54th Flowers Foster Gayner Gillis Gregory Hall Hill

Holley Holloway Jackson Johnson of 38th Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie Noble

Owens Padgett Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Tribble Ward Webb Wesberry Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 46, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 321. By Mr. Clark of the 2nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Catoosa County Development Authority; to provide for powers, au-

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1403

thority, funds, purpose and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in Catoosa County to be known as the Catoosa County Development Authority, which shall be an instrumentality of Catoosa County and a public corporation and which in this amendment is hereafter referred to as the 'Authority';
"B. The General Assembly shall by law provide for the members of the Authority, their qualifications, terms, method of election or appointment and their powers and duties.

"C. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Catoosa County.
"The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. The right of any private person to use or occupy any real estate of the Authority for a period of one year or longer under any lease or other agreement for the purpose of taxation shall be classed as an interest in the real estate and as real property and shall be taxed as real property as now provided by law, or may be taxed as the General Assembly may hereafter provide by general or local law. The tax exemption herein provided also shall not include exemption from sale and use taxes on property purchased by the Authority or for use of the Authority;
"D. The powers of the Authority shall include but not be limited to, the power:
(1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within the limits of Catoosa County;
(2) To receive and administer gifts, grants and donations and to administer trusts;
(3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations operating or promising to operate any industrial plant or establishment within Catoosa County which in the judgment of the Authority will be a benefit to the people of said County. The provisions of this clause shall not be construed to limit any other power of the Au thority ;
(4) To borrow money, to issue notes, bonds, and revenue certi ficates therefor, to execute trust agreements or indentures, and to

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sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;

(5) To contract with Catoosa County and other political sub divisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;

(6) To have and exercise usual powers of privte corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents, and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority;

(7) To encourage and promote the expansion and development of industry, agriculture trade, and commerce and the facilities there for in Catoosa County, and to make long-range plans therefor, to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Catoosa County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment, Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building. No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the under taking;
(8) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

(9) To designate officers to sign and act for the Authority generally or in any specific matter;

(10) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated;
"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Catoosa County;

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1405

"F. The Authority shall have the same immunity and exemp tion from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority;

"G. The members of the Authority shall receive no compen sation for their services of the Authority;

"H. The Authority, with the consent of the governing author ity of Catoosa County and to carry out purpose of this amendment is hereby authorized to issue Revenue Bonds bearing rate or rates of interest and maturity at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance wtih the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Bonds, thus issued, shall be paid first from the income of the Authority. In the event such income is not sufficient to pay the principal and interest of such Revenue Bonds, as they mature, then the governing authority of Catoosa County is authorized and re quired to provide the additional funds necessary to make such pay ment, and for this purpose the said governing authority is author ized to levy an annual tax on all taxable property within the county provided such tax shall not exceed five mills;

"I. The governing authority of Catoosa County is also author ized in addition to the tax provided in Paragraph H, to appropriate to the Authority such amount from its funds each year as it shall see fit, and any funds so appropriated when paid to the Authority shall become a part of the funds of the Authority and may be used for the purposes as herein stated or as may hereafter be defined by law;
"J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation;

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"K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Catoosa County and its citizens, industry, agriculture and trade within the County of Catoosa, and making long-range plans for such development and expansion and to authorize the use of public funds of Catoosa County for such purpose, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose;
"L. In addition to the purposes for which revenue anticipation obligations may be issued by counties, municipal corporations and political subdivisions as provided in Article VII, Section VII, Para graph V of the Constitution of the State of Georgia, the Authority shall be authorized to issue revenue obligations to provide funds to be used by said Authority.
"M. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Catoosa County, and the scope of its operations shall be limited to the territory em braced within Catoosa County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its oper ations beyond the limits of Catoosa County;

"N. There shall be no limitations upon the amount of debt which the Authority may incur, but no debt created by the Author ity shall be a debt of Catoosa County or the State."

Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken there on such proposed amendment shall be published and submitted as pro vided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to create the Catoosa County Development Authority, and to
NO ( ) provide for powers, authority, funds, purposes and procedure connected therewith?"
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.

FRIDAY, FEBRUARY 18, 1966

1407

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 51st Fincher of 54th Flowers Foster Gayner Gillis
Gregory

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 Searcey Smalley Smith
Spinks Thompson
Triable Ward Webb Yancey Young

By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 49, nays 0.
The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 326. By Messrs. Dixon and Sweat of the 83rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to clarify the provisions relative to the filling of vacancies on the Board of Education of Ware County and the appointment of the County School Superin tendent by the Board; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1 Article VIII, Section V, Paragraph I of the Constitution, as amended by an Amendment relative to the Ware County Board of Education

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ratified at the general election in 1964 and found in Ga. Laws 1964, May-June Ex. Sess., p. 335, is hereby amended by striking the third paragraph of the aforesaid 1964 Amendment and inserting in lieu thereof the following:

"In the event a vacancy occurs on the Board for any reason other than expiration of term of office, the remaining members of the Board shall elect a person to fill such vacancy for the unexpired term. If such vacancy occurs from one of the four districts, the person elected by the remaining members shall be from such dis trict. If the vacancy occurs in the position of the member from the county at large, the person elected to fill the vacancy may reside in either one of the four education districts. In the event one of the district members moves his residence from the district he represents, a vacancy shall exist from such district and shall be filled in the same manner as other vacancies are filled. At its first meeting each year the members of the Board shall elect one of their number to serve as chairman of that year and until the election of a chairman in the subsequent year. A member shall be eligible to succeed himself as a member of the Board and also as chairman of the Board. The Board of Education shall appoint the County School Superintendent. The person elected as County School Superintendent in 1964 shall serve through December 31, 1968, and the Board shall appoint a Superinendent who shall take office Jan uary 1, 1969. In the event a vacancy occurs in the office of County School Superintendent prior to January 1, 1969, the Board shall appoint a Superintendent who shall take office immediately. The Superintendent shall serve at the pleasure of the Board. No election for Ware County School Superintendent by the people shall be held in 1968. The County School Superinendent appointed by the Board shall be subject to all constitutional and statutory provisions relative to county school superinendents unless such provisions are in conflict with the provisions of this amendment. Elections for members of the Board of Education shall be held and conducted in the same manner as elections for other county officials are held."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph 1 of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to clarify the provisions relative to the filling of vacancies on
NO ( ) the Board of Education of Ware County and the appointment of the County School Superinendent by the Board?"

FRIDAY, FEBRUARY 18, 1966

1409

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 prodvided 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 as follows:

Adams Bateman Carter Coggin Dean Downing Edenfield Eldridge Fincher of 54th Flowers Foster Gayner Gillis Gregory 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 Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Yancey Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 46, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 327. By Messrs. Henderson and Wilson of the 102nd, McDaniell and Howard of the 101st, Jordan of the 103rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize Cobb County to install, construct, extend, repair and improve sidewalks,

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in the incorporated as well as in the unincorporated areas of Cobb County and to issue general obligation bonds in order to finance said projects; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1

Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding following the first paragraph thereof a new para graph to read as follows:
"Cobb County is hereby authorized to install, construct, extend, repair and improve sidewalks in the incorporated as well as in the unincorporated areas of Cobb County and to issue general obliga tion bonds in the manner provided for above in order to finance said projects."
SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to authorize Cobb County to install, construct, extend, repair and
NO ( ) improve sidewalks in the incorporated as well as in the unincorporated areas of Cobb County and to issue general obligation bonds in order to finance said projects?"

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.

FRIDAY, FEBRUARY 18, 1966

1411

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 Sentaors:

Adams Bateman Carter Coggin Dean Downing Edenfield Eldridge Fincher of 54th Flowers Foster Gayner Gillis Gregory 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 Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Yancey Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 46, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 243. By Mr. Harris of the 85th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing body of the City of Brunswick to levy an annual ad valorem tax upon the taxable property located in that district and area within said city described as "Downtown Brunswick" to be used in assisting and promoting the economic improvement and development of said central business district, and to that end to acquire by lease or purchase property in such area, and for the installation, construction or recon struction and maintenance therein and thereon of streets, parks, pedes trian malls and plazas, and playgrounds, off-street parking facilities, public parking areas and public parking facilities, and the relocation of any of the same, and other improvements and facilities useful or de sirable in connection therewith; defining the district and area to be known as "Downtown Brunswick"; limiting such tax millage; to provide for powers, authority, funds, purposes and procedure connected there-

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with; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section VII, Paragraph V of the Constitu tion of the State of Georgia is hereby amended by adding at the end thereof the following:
"A. There is hereby created within the corporate limits of the City of Brunswick in Glynn County, Georgia, a district and area to be known as 'Downtown Brunswick' in the central business district of said city, defined and described according to the well known maps and plan of said city as follows:

Beginning at a point on the westerly line of Newcastle Street where the northerly line of New Town Lot No. 169 intersects with the westerly line of Newcastle Street; thence running in an easterly direction along the easterly projection of the northerly line of New Town Lot No. 169 to the easterly line of Newcastle Street; thence running in a southerly direction along the easterly line of New castle Street to the southerly line of "H" Street; thence running in an easterly direction along the southerly line of "H" Street to the eastern line of Reynolds Street; thence running in a southerly direction along the easterly line of Reynolds Street to the southern line of "F" Street; thence running in an easterly direction along the southern line of "F" Street to the eastern line of Ellis Street; thence running in a southerly direction along the easterly line of Ellis Street to the northern line of Old Town Lot No. 281; thence in an easterly direction along the northern line of Old Town Lot No. 281 to the westerly line of Egmont Street; thence along the westerly line of Egmont Street to the southerly line of Old Town Lot No. 285; thence in a westerly direction along the southerly line of Old Town Lot No. 285 projected westwardly to the westerly line of Ellis Street; thence running in a southerly direction along the westerly line of Ellis Street to the southerly line of Old Town Lot No. 236; thence running in a westerly direc tion along the westerly line of Old Town Lot No. 236 projected westwardly to the western line of Union Street; thence running in a southerly direction along the western line of Union Street to the southerly line of Monk Street; thence running in a westerly direction along the southerly line of Monk Street to the western line of Reynolds Street; thence running in a southerly direction along the western line of Reynolds Street to the southerly line of Old Town Lot. No. 146; thence running in a westerly direction along the southerly line of Old Town Lot No. 146 projected westwardly to the westerly line of Richmond Street; thence running in a southerly direction along the westerly line of Richmond Street to the northern line of Howe Street; thence running in a westerly direction along the northerly line of Howe Street to the westerly line of Grant Street; thence running in a northerly direction along the westerly line of Grant Street to the northerly line of Old Town Lot No. 68; thence running in a westerly direction along the north erly line of Old Town Lot No. 68 to the easterly line of Oglethorpe Street; thence running in a southerly direction along the easterly

FRIDAY, FEBRUARY 18, 1966

1413

line of Oglethorpe Street to the northern line of Howe Street; thence running in a westerly direction along the northerly line of Howe Street to the U. S. Harbor line as established by the War Department August, 1916; thence in a northerly direction along the said U. S. Harbor line and the low water line of Academy Creek to a point where the northerly line of New Town Lot No. 112 projected in a westerly direction would intersect with the low water line of Academy Creek; thence in an easterly direction along the said projected line of New Town Lot No. 112, along the northerly line of New Town Lot No. 112, and the northern line of New Town Lot No. 169 to the point of beginning;
"B. The governing body of the City of Brunswick be and is hereby authorized to levy an annual ad valorem tax not exceeding four mills per dollar of assessed valuation on all property located within the district or area herein defined and delineated as "Down town Brunswick', not excluding any realty homestead exemption, such funds so produced by such levy to be used by said city in assist ing and promoting the economic improvement and development of said central business district, and to that end to acquire by lease or purchase property in such area, and for the installation, construc tion or reconstruction and maintenance therein and thereon of streets, parks, pedestrian malls and plazas, and playgrounds, offstreet parking facilities, public parking areas and public parking facilities, and the relocation of any of the same, and other improve ments and facilities useful or desirable in connection therewith. Said governing body of said city is specifically authorized to use such amounts from its funds so raised by such tax levy in each year as it shall deem in its discretion to be in the best interest of the city and its residents in keeping with the purposes of this amendment, including the right to pledge all or so much of such funds, as may be necessary, raised by such tax levy to the payment of the principal and interest on any of its revenue bonds or obliga tions which it may hereafter issue and the creation and maintenance of a reserve for that purpose, said tax being in addition to those now authorized by law;
"C. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of the residents of the City of Brunswick, the economic improvement and development of said described central business district and making of long-range plans for such economic development and improvement and to authorize the levy of taxes and the use of public funds of said city for such purpose and same is hereby determined and declared to be a governmental function of said city;
"D. In addition to all the rights, powers and authority now conferred by law upon the governing body of the City of Brunswick, this amendment shall confer upon the governing body of said city all powers, rights, and privileges herein granted and such additional rights, powers and privileges that may hereafter be granted by the enactment of any implementing legislation by the General As sembly of Georgia:
"E. The property, obligations and the interest on the obliga tions of the city issued hereunder shall have the same immunity

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JOURNAL OF THE SENATE,

from all State and local taxation as the property, obligations and interest on other obligations of the City of Brunswick;

"F. The powers of the city conferred hereunder shall include, but shall not be limited to, the power;

(1) To buy, acquire, develop, improve, own, operate, main tain, sell, lease and mortgage land, buildings and property of all kinds and character, including, but not limited to machinery, ap paratus, equipment and utilities useful or desirable in connection therewtih, within the district or area hereinabove defined as "Downtown Brunswick";

(2) To receive and administer gifts, grants and donations and to administer trusts and to enter into trust indentures;

(3) To grant, loan and lease any of its funds and property to private persons and corporations agreeing to operate and expand any commercial or business enterprise or establishment within the district or area hereinabove defined as "Downtown Brunswick", which in the judgment of the governing body of the City will be of benefit to the economic improvement and development of said district or area and to said city. The provisions of this clause shall not be construed to limit any other powers of the city;

(4) To borrow money and issue notes, obligations and revenue bonds therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security for the payment thereof and interest thereon and to secure the repayment of any such money so borrowed by the terms of the resolution authorizing such financing and to enter into a trust indenture relative thereto;

(5) The rights, powers and privileges now enjoyed by the city under Article VII, Section VI, Paragraph I, of the Constitu tion of this State to contract with Glynn County, the State and any agency, political subdivision or public corporation thereof is hereby expressly reaffirmed and shall include all rights, powers and privileges herein granted and in addition thereto the city is authorized to contract with private persons and corporations and to sue and be sued in its corporate name in the accomplishment of the overall purposes herein provided;

(6) To appoint and employ officers, agents and employees and to provide for their compensation in order to effectuate the purposes of this amendment;

(7) To encourage and promote the economic improvement, development and rehabilitation of the central business district and area hereinabove defined and to make long range plans therefor;

(8) To accumulate its funds from such tax levy herein author ized from year to year and to invest and reinvest such funds;

FRIDAY, FEBRUARY 18, 1966

1415

(9) To designate any of its corporate officers to sign and act for the City pertaining to the rights, powers and privileges herein conferred;
(10) To do any and all acts and things necessary, convenient or desirable to accomplish the purpose of this amendment and the rights, powers and privileges herein conferred;

"G. The revenue bonds or obligations herein authorized to be issued shall not be deemed to constitute a debt of the City of Brunswick within the meaning of Article VII, Section VII, Para graph I, of the Constitution, nor a pledge of the faith and credit of said city nor shall the city be subject to any pecuniary liability thereon. The revenue bonds shall not be payable from, nor a charge upon, any funds of the city other than the revenues pledged to the payment thereof and interest thereon, which revenues shall include any funds derived from the special tax levy herein provided and monies derived from the lease or sale of any facilities of the city herein authorized to be acquired, constructed and equipped. Any bondholder, however, shall have the right to compel the city to levy the special tax herein provided for within the limit herein prescribed to pay the bonds and interest thereon if the city in its proceedings authorizing the issuance of such bonds has pledged the revenues derived from such special tax levy to the payment of any such bonds and the interest thereon;

"H. The authority hereby granted to the City of Brunswick to issue revenue bonds shall apply not only to revenue bonds issued by said city to provide funds for the purchase, construction, exten sion, repair or improvement of such facilities and undertakings as are specifically authorized and enumerated by the Act of the Gen eral Assembly, approved March 31st, 1937, known as the "Revenue Certificate Law of 1937", as amended by the Act approved March 14, 1939, as referred to in Article VII, Section VII, Paragraph V, of this Constitution, but shall also include the issuance by said City of revenue bonds to provide funds for the purchase, construc tion, extension, repair, or improvement of such facilities and under takings as are specifically authorized and enumerated by the fol lowing Acts of the General Assembly: Georgia Laws 1949, page 973, approved February 25, 1949; Georgia Laws, 1953, pages 489-491, approved March 4, 1953; and Georgia Laws 1957, page 410, ap proved March 13, 1957;
"I. The city is hereby authorized to issue revenue bonds or obligations from time to time, to carry out the purposes of this amendment. Revenue bonds or obligations so issued shall be paid solely from the revenues pledged to the payment thereof, which revenues may include any funds derived from the special tax levy provided hereunder. Such revenue bonds or obligations shall be authorized by resolution or ordinance of the governing body of the City of Brunswick, which may be adopted at a regular or special meeting by a majority vote of the members of said governing body. The governing body of said city in determining the cost of any un dertaking for which revenue bonds or obligations are to be issued may include all costs relative to the issuance thereof, and without intending to limit such costs, may include, architectural, engineer-

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ing, inspection, fiscal agents' and legal expenses estimated to accrue from the date of any such bonds through the period of con struction and for six months after such construction and such bonds shall bear such date or dates, mature at such time or times, not exceeding 30 years from their respective dates, bear interest at such rate or rates not exceeding seven per centum (7%) per an num and may be in such denominations and may carry such regisration privileges and be subject to redemption and may contain such terms, covenants, assignments and conditions as the ordinance or resolution authorizing the issuance of such bonds may provide.
All bonds and interest thereon so issued by said city are hereby declared to be tax exempt for any and all purposes. The terms, conditions, covenants and provisions contained in any such resolu tion or ordinance authorizing the issuance of such bonds shall bind said governing body of said city then in office and its successors thereof, including any covenant to levy taxes within the limits here in prescribed for the purpose of providing such funds as may be necessary to pay the principal of and interest on any such issue or issues of said bonds and to create and maintain a reserve for that purpose. Such bonds issued by said city shall be validated in the Superior Court of Glynn County in the same manner as revenue
bonds of municipalities are validated as provided under the Revenue Bond Law (Georgia Laws 1957, p. 36, et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Georgia Laws 1937, p. 761, et. seq., as amended). In the event no bill of exceptions, to the judgment of the superior court confirming and validating any such issue or issues of bonds, shall be filed within the time prescribed by law or if filed, such judgment should be affirmed by the Supreme Court of Georgia or the Court of Appeals of Georgia, the judgment of the superior court confirming and validating the issuance of such bonds shall be forever conclusive as to the validity of said bonds and the security for the payment thereof and interest thereon against said city and against any con tracting party with said city as herein provided.

"J. The property of the city herein authorized to be acquired, constructed, and equipped shall not be subject to levy and sale under legal process except such property, income, revenues or funds as may be pledged, assigned, mortgaged or conveyed to secure any obligation of the city and any such property, funds, revenues or income may be sold under legal process to enforce payment of the obligations.
"K. This amendment and any law enacted with reference to the city in connection therewith shall be liberally construed for the accomplishment of the purposes now or hereafter authorized.

"L. This amendment shall be effective immediately upon proclamation of its ratification by the Governor of the State of Georgia.
"M. This amendment is self-enacting and does not require any enabling legislation for it to become effective, however, the General Assembly may by law further define and prescribe the powers and duties of the city in connection therewith in the exercise thereof, and may enlarge the same and may likewise further regu-

FRIDAY, FEBRUARY 18, 1966

1417

late the management and conduct of the city pertaining hereto not inconsistent with the provisions of this amendment.

"N. There shall be no limitation upon the amount of revenue bonds or obligations which the city may issue, but no such revenue bonds or obligations shall be construed as a debt of the ctiy within the meaning of the provisions of Article VII, Section VII, Para graph 1, of the Constitution of the State of Georgia and such rev enue bonds or obligations and the interest thereon shall be payable solely from the revenues derived from the lease or sale of any of the facilities acquired or constructed by the city hereunder, and such revenues shall also include any funds from the special tax levy herein provided and pledged to the payment of any such issue or issues of bonds and the interest thereon.

"0. This amendment shall be effective notwithstanding any other provision or provisions of the Constitution of the State of Georgia which might be construed in conflict herewith."

Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to authorize the governing body of the City of Brunswick to levy an
NO ( ) annual ad valorem tax upon the taxable property lo cated within Downtown Brunswick and to provide for the powers, authority, funds, purposes, and procedure connected therewith?"

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 returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

Amend HR 243 as follows:
By inserting in the title between the words "taxable" and "property" the word "real".

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By inserting in Subparagraph B in the first sentence thereof the word "real" between the words "all" and "property".

By inserting in Section 2 between the words "taxable" and "proper ty", as they appear in the quoted paragraph thereof, the word "real".

The report of the committee, which was favorable to the adoption of the amendment, 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 Carter Coggin Dean Downing Edenfield Eldridge Fincher of 54th Flowers Foster Gayner Gillis Gregory 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 Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Yancey Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 46, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 272. By Mr. Paris of the 23rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Barrow County School System by merging the independent school system of the City of Winder and the county school system of Barrow County

FRIDAY, FEBRUARY 18, 1966

1419

into one school district; to create a Board of Education of said System; to provide for the appointment of a School Superintendent of said System; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1

Article VIII, Section V, Paragraph I of the Constitution is hereby amended by adding to the end thereof the following:

"Effective at the time and in the manner provided hereinafter there is hereby created the Barrow County School System by merging the independent school system of the City of Winder and the existing school district in the County of Barrow outside the corporate limits of the City of Winder. The Barrow County School System shall be one school district and shall encompass the terri torial limits of Barrow County as the same may now or hereafter exist or be defined. The Barrow County School System shall be subject to all constitutional and statutory provisions relative to county school districts and county school systems unless such pro visions are in conflict with this amendment or laws enacted pur suant to the authority of said amendment. For the purposes of this provisions, the Auburn School District which shall hereafter be referred to and known as the Auburn School Area, the Bethle hem School District which shall hereafter be referred to and known as the Bethlehem School Area, the County Line School District which shall hereafter be referred to and known as the County Line School Area, the Holsenbech School District which shall hereafter be referred to and known as the Holsenbech School Area, and the Stathan School District which shall hereafter be referred to and known as the Stathan School Area, shall remain as constituted and defined by the Board of Education of Barrow County at the time of ratification of this amendment, unless specifically provided otherwise by any Act of the General Assembly or any amendment thereto relative to the Barrow County School System. For the pur poses of this provision, the Winder School District which shall hereafter be referred to and known as the Winder School Area shall remain as constituted and defined by the Board of Education of the independent school system of the City of Winder at the time of ratification of this amendment, unless specifically provided other wise by any Act of the General Assembly or any amendment thereto relative to the Barrow County School System. The General As sembly may delegate to the Board of Education of the Barrow County School System the authority to decrease the size of, enlarge the size of and to redefine the school areas herein named.

There is hereby created a Board of Education of the Barrow County School System and said school system shall be confined to the control and management of said Board of Education. Said Board of Education shall be composed of nine members as follows: one member from the Auburn School Area, one member from the Bethlehem School Area, one member from the County Line School

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Area, one member from the Holsenbech School Area, one member from the Stathan School Area and four members from the Winder School Area. Except for the initial or first members of said Board,
the terms of the members of said Board shall be four years. All members of said Board shall take office on the first day of Jan uary immediately following their selection, appointment or election to office. In the event a member moves his residence from the area he represents, a vacancy shall exist in such area and shall be filled in the same manner as other vacancies are filled. In the event the area of any school area is decreased, enlarged or re defined so that such area does not include the residence of the member representing such area, such member shall nevertheless
represent such area until the expiration of his term of office. At its first meeting, the members of the Board shall elect one of their number to serve as Chairman and at its first meeting in January of each year thereafter the members of the Board shall elect one of their number to serve as Chairman for the ensuing year and until the election of a Chairman in the subsequent year. A member shall be eligible to succeed himself as Chairman of the Board and a member, so long as he remains a resident of the area he repre sents, shall be eligible to succeed himself as a member of the Board. The General Assembly is hereby authorized to provide by law the manner of selection, appointment or election and the time of selec tion, appointment or election of the members of the Board of Edu cation of the Barrow County School System and to provide for the filling of vacancies on said Board.

The independent school system of the City of Winder and the Board of Education thereof and the existing School District in the County of Barrow outside the corporate limits of the City of Winder and the Board of Education thereof shall continue to exist until July 1, 1967, at which time said School Systems and the Boards of Education thereof shall stand abolished. On July 1, 1967 the Barrow County School System and the Board of Education thereof herein created shall come into existence and shall become the successors to such abolished School Systems and Boards of Education and shall be subject to all constitutional and statutory provisions rela tive to county boards of education, unless such provisions are in conflict with the provisions of this amendment or laws enacted
pursuant to the authority of said amendment.

There is hereby established within the Barrow County School System the office of School Superintendent of the Barrow County School System and a School Superintendent of the Barrow County School System. The School Superintendent of the Barrow County
School System shall be appointed by the Board of Education of the Barrow County School System. A majority vote of said Board shall be necessary for the appointment of said School Superintendent, the first School Superintendent of the Barrow County School System shall be appointed at the first meeting of the Board. The School
Superintendent shall be elected for a term of not less than one year and shall receive such salary and other compensation as the Board may determine. The School Superintendents of the independent school system of the City of Winder and the existing school dis
trict in the County of Barrow outside the corporate limits of the

FRIDAY, FEBRUARY 18, 1966

1421

City of Winder shall continue to serve as such and the offices of each shall continue to exist until July 1, 1967 at which time the offices of each, and the terms of offices of each such Superintendent, shall stand abolished. On July 1, 1967 the School Superintendent of the Barrow County School System created herein shall assume the duties of his office and shall be the successor to such Super intendents. Said Superintendent shall be subject to all constitutional and statutory provisions relative to county school superintendents unless such provisions are in conflict with the provisions of this amendment or laws enacted pursuant to the authority of said amend ment.
The governing authority of Barrow County is hereby author ized to levy a tax on all taxable property in Barrow County for the support and maintenance of education within the limitations and as provided in Article VIII, Section XII, Paragraph I of the Constitution as now or hereafter amended, and said governing authority shall be governed by provisions for removing or increasing the limitations therein provided. The governing authority shall levy the amount of taxes designated by the Board of Education of the Barrow County School System.
The General Assembly shall be authorized to provide by law for all matters relative to the Barrow County School System, the Board of Education thereof and the School Superintendent thereof. On the date provided for herein for the new system to come into ex istence, all property and facilities and all assets of the two systems so merged shall become the property, facilities and assets of the Barrow County School System. The General Assembly shall be authorized to provide by law appropriate provisions relative to ex isting contracts, payment of debts, bonded indebtedness and all other obligations of the existing independent school system of the City of Winder and the existing school district in the County of Barrow outside the corporate limits of the City of Winder existing on the date the Barrow County School System and the Board of Education thereof shall come into existence. Notwithstanding the merged system and the Board of Education thereof and the super intendent thereof shall not replace the present systems, boards and superintendents until July 1, 1967; the General Assembly is hereby authorized to provide by law all matters as shall be necessary prior to that date such as the selection, appointment or election of members of the Board of Education, appointment by said Board of the school superintendent and other necessary and related mat ters to effectuate and implement the provisions herein and laws authorized pursuant thereto. The General Assembly is hereby au thorized to repeal, amend, modify or change any laws enacted pursuant to this amendment.
The authority herein granted to the General Assembly and the authority to be granted by the General Assembly to effectuate and implement the purposes of this amendment shall exist notwith standing any other provisions of this Constitution or any general or special laws of the State of Georgia.
Authority is hereby granted to the governing authority of Bar row County to maintain the school system herein provided and to

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JOURNAL OF THE SENATE,

support the same. Said school system may add thereto, maintain and support, acquire, construct and equip real property, buildings and facilities for education beyond the twelfth (12th) grade and shall be authorized to maintain, support and add thereto vocational schools and colleges. The General Assembly shall be authorized to provide by law that the governing authority of any municipality in Barrow County and the governing authority of Barrow County shall be authorized to appropriate money from their general funds to the Board of Education of the Barrow County School System.

The Board of Education of the Barrow County School System shall be authorized to meet on as many days as it may deem neces
sary from June 15, 1967, until July 1, 1967, for the purposes of electing a chairman of said Board, appointing the School Superin tendent of the Barrow County School System, and to effectuate an orderly transition of the independent school system of the City of Winder and the existing school district of the County of Barrow outside the corporate limits of the City of Winder into the Barrow County School System created herein. The first meeting of the Barrow County School System shall be called by the School Super intendent of the existing school district of the County of Barrow
outside the corporate limits of the City of Winder."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to create the Barrow County School System by merging the inde pendent school system of the City of Winder and the
NO ( ) county school system of Barrow County into one school district; to create a Board of Education of said System and to provide for the appointment of a School Superintendent of said System?"
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.

FRIDAY, FEBRUARY 18, 1966

1423

The Committee on County and Municipal Governments offered the following substitute:
A RESOLUTION

Proposing an amendment to the Constitution so as to create the Barrow County School System by merging the independent school system of the City of Winder and the county school system of Barrow County into one school district; to create a Board of Education of said System; to provide for a School Superintendent of said System; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VIII, Section V, Paragraph I of the Constitution is hereby amended by adding to the end thereof the following:

"Effective at the time and in the manner provided hereinafter there is hereby created the Barrow County School System by merging the independent school system of the City of Winder and the existing school district in the County of Barrow outside the corporate limits of the City of Winder. The Barrow County School System shall be one school district and shall encompass the terri torial limits of Barrow County as the same may now or hereafter exist or be defined. The Barrow County School System shall be subject to all constitutional and statutory provisions relative to county school districts and county school systems unless such pro visions are in conflict with this amendment or laws enacted pur suant to the authority of said amendment. For the purposes of this provision, the Auburn School District which shall hereafter be re ferred to and known as the Auburn School Area, the Bethlehem School District which shall hereafter be referred to and known as the Bethlehem School Area, the County Line School District which shall hereafter be referred to and known as the County Line School Area, the Holsenbeck School District which shall hereafter be referred to and known as the Holsenbeck School Area, and the Statham School District which shall hereafter be referred to and known as the Statham School Area, shall remain as constituted and defined by the Board of Education of Barrow County at the time of ratification of this amendment, unless specifically provided otherwise by any Act of the General Assembly or any amendment thereto relative to the Barrow County School System. For the purposes of this provision, the Winder School District which shall hereafter be referred to and known as the Winder School Area shall remain as constituted and defined by the Board of Education of the independent school system of the City of Winder at the time of ratification of this amendment, unless specifically provided other wise by any Act of the General Assembly or any amendment thereto relative to the Barrow County School System. The General As sembly may delegate to the Board of Education of the Barrow County School System the authority to decrease the size of, enlarge the size of and to redefine the school areas herein named.

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There is hereby created a Board of Education of the Barrow County School System and said school system shall be confined to the control and management of said Board of Education. Said Board of Education shall be composed of nine members as follows: one member from the Auburn School Area, one member from the Bethlehem School Area, one member from the County Line School Area, one member from the Holsenbeck School Area, one member from the Statham School Area and four members from the Winder School Area. Except for the initial or first members of said Board, the terms of the members of said Board shall be four years. All members of said Board shall take office on the first day of Jan uary immediately following their selection, appointment or election to office. In the event a member moves his residence from the area he represents, a vacancy shall exist in such area and shall be filled in the same manner as other vacancies are filled. In the event the area of any school area is decreased, enlarged or redefined so that such area does not include the residence of the member representing such area, such member shall nevertheless represent such area until the expiration of his term of office. At its first meeting, the mem bers of the Board shall elect one of their number to serve as Chair man and at its first meeting in January of each year thereafter the members of the Board shall elect one of their number to serve as Chairman for the ensuing year and until the election of a Chairman in the subsequent year. A member shall be eligible to succeed himself as Chairman of the Board and a member, so long as he remains a resident of the area he represents, shall be eligible to succeed himself as a member of the Board. The General Assembly is hereby authorized to provide by law the manner of selection, appointment or election and the time of selection, appointment or election of the members of the Board of Education of the Barrow County School System and to provide for the filling of vacancies on said Board.
The independent school system of the City of Winder and the Board of Education thereof and the existing School District in the County of Barrow outside the corporate limits of the City of Winder and the Board of Education thereof shall continue to exist until July 1, 1967, at which time said School Systems and the Boards of Education thereof shall stand abolished. On July 1, 1967 the Barrow County School System and the Board of Education thereof herein created shall come into existence and shall become the suc cessors to such abolished School Systems and Boards of Education and shall be subject to all constitutional and statutory provisions relative to county boards of education, unless such provisions are in conflict with the provisions of this amendment or laws enacted pursuant to the authority of said amendment.

There is hereby established within and for the Barrow County School System the Office of School Superintendent of the Barrow County School System and a School Superintendent of the Barrow County School System.
Not later than ten days after the ratification of this amend ment it shall be the duty of the Ordinary of Barrow County to issue the call for an election for the purpose of electing the School Superintendent of the Barrow County School System. The Ordinary

FRIDAY, FEBRUARY 18, 1966

1425

shall set January 25, 1967 as the date of such election. The Ordi nary shall cause the date and purpose of such election and a brief description of the procedure connected therewith to be published once a week for two weeks immediately preceding the date thereof, in th official organ of Barrow County. The School Superintendent elected at such election shall take office July 1, 1967 for a term of two years and until his successor is duly selected or appointed and qualified. Thereafter, the successors to the School Superintendent of the Barrow County School System shall be appointed by the Board of Education of the Barrow County School System. A ma jority vote of said Board shall be necessary for the appointment of said School Superintendent. The School Superintendent shall be appointed for a term of not less than one year and shall receive such salary and other compensation as the Board may determine. The School Superintendents of the independent school system of the City of Winder and the existing school district in the County of Barrow outside the corporate limits of the City of Winder shall continue to serve as such and the offices of each shall continue to exist until July 1, 1967 at which time the offices of each, and the terms of offices of each such Superintendent, shall stand abolished. On July 1, 1967 the School Superintendent of the Barrow County School System created herein shall assume the duties of his office and shall be the successor to such Superintendents. Said Super intendent shall be subject to all constitutional and statutory pro visions relative to county school superintendents unless such provi sions are in conflict with the provisions of this amendment or laws enacted pursuant to the authority of said amendment.

In the event the person who is elected as School Superintendent of the Barrow County School System at the special election to be held on January 25, 1967 as herein provided should die, become disqualified or for any reason be unable to assume the duties of his office prior to the time that such person qualifies as such School Superintendent, the School Superintendent of the Barrow County School System shall be appointed by the Board of Education of the Barrow County School System for a term of two years com mencing on July 1, 1967. A majority vote of said Board shall be necessary for the appointment of said School Superintendent. In the case of a vacancy in the Office of School Superintendent of the Barrow County School System for any cause prior to July 1, 1969, the Board of Education of Barrow County shall appoint the successor School Superintendent for the unexpired term.

The governing authority of Barrow County is hereby author ized to levy a tax on all taxable property in Barrow County for the support and maintenance of education within the limitations and as provided in Article VIII, Section XII, Paragraph I of the Constitution as now or hereafter amended, and said governing authority shall be governed by provisions for removing or increasing the limitations therein provided. The governing authority shall levy the amount of taxes designated by the Board of Education of the Barrow County School System.

The General Assembly shall be authorized to provide by law for all matters relative to the Barrow County School System, the

1426

JOURNAL OF THE SENATE,

Board of Education thereof and the School Superintendent thereof. On the date provided for herein for the new system to come into existence, all property and facilities and all assets of the two systems so merged shall become the property, facilities and assets of the Barrow County School System.

The governing authorities of the City of Winder and of Barrow County and the Board of Education of the two school systems merged herein are hereby authorized and directed to execute such instruments as to perform such duties as are necessary to effectuate the provision herein. The General Assembly shall be authorized to provide by law appropriate provisions relative to existing con tracts, payment of debts, bonded indebtedness and all other obliga tions of the existing independent school system of the City of Winder and the existing school district in the County of Barrow outside the corporate limits of the City of Winder existing on the date the Barrow County School System and the Board of Education thereof shall come into existence. Notwithstanding the merged system and the Board of Education thereof and the superintendent thereof shall not replace the present systems, boards and super intendents until July 1, 1967; the General Assembly is hereby authorized to provide by law all matters as shall be necessary prior to that date such as the selection, appointment or election of mem bers of the Board of Education, appointment by said Board of the school superintendent and other necessary and related matters to effectuate and implement the provisions herein and laws author ized pursuant thereto. The General Assembly is hereby authorized to repeal, amend, modify or change any laws enacted pursuant to this amendment.
The authority herein granted to the General Assembly and the authority to be granted by the General Assembly to effectuate and implement the purposes of this amendment shall exist not withstanding any other provisions of this Constitution or any gen eral or special laws of the State of Georgia.

Authority is hereby granted to the governing authority of Barrow County to maintain the school system herein provided and to support the same. Said school system may add thereto, maintain and support, acquire, construct and equip real property, buildings and facilities for education beyond the twelfth (12) grade and shall be authorized to maintain, support and add thereto vocational schools and colleges. The General Assembly shall be authorized to provide by law that the governing authority of any municipality in Barrow County and the governing authority of Barrow County shall be authorized to appropriate money from their general funds to the Board of Education of the Barrow County School System.

The Board of Education of the Barrow County School System shall be authorized to meet on as many days as it may deem neceselecting a Chairman of said Board, appointing the School Super intendent of the Barrow County School System, and to effectuate an orderly transition of the independent school system of the City of Winder and the existing school district of the County of Barrow outside the corporate limits of the City of Winder into the Bar-

FRIDAY, FEBRUARY 18, 1966

1427

row County School System created herein. The first meeting of the Barrow County School System shall be called by the School Superintendent of the existing school district of the County of Bar row outside the corporate limits of the City of Winder."

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 ( ) Shall the Constitution be amendmed so as to create the Barrow County School System by merging the independent school system of the City of Winder and
NO ( ) the county school system of Barrow County into one school district; to create a Board of Education of said System and to provide for a School Superin tendent of said System?

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 Minish of the 48th offered the following amendment to the committee substitute:
Amend HB 272 substitute by striking the phrase "appointing the School Superintendent of the Barrow County School System," as it appears in the last paragraph of Section 1.

On the adoption of the amendment to the substitute, the ayes were 46, nays 0, and the amendment to the substitute was adopted.

On the adoption of the substitute as amended, the ayes were 46, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to as amended.

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JOURNAL OF THE SENATE,

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Bateman
Carter Coggin Dean Downing Edenfield Eldridge Fincher of 54th Flowers Foster Gayner Gillis Gregory
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 Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Yancey Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 46, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted by substitute as amended.

HR 274. By Messrs. Blalock and Davis of the 33rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Coweta County Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in Coweta County in the State of Georgia to be known as the Coweta

FRIDAY, FEBRUARY 18, 1966

1429

County Development Authority, which shall be an instrumentality of Coweta County and a public corporation and which in this amend ment is hereafter referred to as the 'Authority';

"B. The Authority shall consist of five members who shall serve for a term of five years and who shall be eligible for reappointment. The members shall be appointed by the governing au thority of Coweta County. The first members shall be appointed for terms of one, two, three, four and five years, respectively, and thereafter their successors shall be appointed for terms of five years. Members shall serve until their successors are duly appointed and qualified. Vacancies shall be filled for the unexpired term by the governing authority of Coweta County. A majority of members shall constitute a quorum and a majority may act for the Au thority in any matter. No vacancy shall impair the power of the Authority to act. No member of the Authority shall be a member of the governing authority of Coweta County, but there shall be no other disqualification to hold public office by reason of mem bership in the Authority.
"C. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Coweta County. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. The exemptions from taxation herein provided shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority;
"D. The powers of the Authority shall include but not be limited to, the power:
"(1) To buy, acquire, accept and give options upon, develop, improve, own, operate, maintain, sell, lease, as lessor or lessee, and mortgage land, buildings and real and personal property of all kinds within Coweta County;
"(2) To receive and administer gifts, grants and donations and to administer trusts;
"(3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations operat ing or proposing to operate any industrial plant or establishment within Coweta County. The provisions of this clause shall not be construed to limit any other power of the Authority;

"(4) To borrow money for any of its corporate purposes and to issue notes, bonds and debentures and execute deeds to secure debt, trust deeds, trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;

"(5) To issue revenue anticipation certificates or bonds for the purpose of paying all or any part of the cost of any project of the

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JOURNAL OF THE SENATE,

Authority. To exercise all of the rights, powers and privileges and be subject to the same liabilities as a municipality under the pro visions of the Revenue Certificate Law of 1937 (Ga. Laws 1937, pp. 761-774), and as amended, with reference to the issuance of such certificates or bonds and validation of same insofar as such pertain to the corporate purposes of the Authority;
"(6) To contract with Coweta County and other political sub divisions of the State of Georgia and with private persons and corporations and to sue and to be sued in its corporate name;
"(7) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority;
"(8) To encourage and promote the expansion and development of industrial, agricultural, recreational and trade facilities in Coweta County, and to make long-range plans therefor, so as to relieve insofar as possible unemployment within its boundaries, and to that end its acquiral by purchase or gift any building or structure within the limits of Coweta County suitable for and in tended for use as a factory, mill, shop, processing plant, assembly plant, fabricating plant, or any other type of structure, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing build ing and the remodeling, renovating, reconstructing, furnishing and equipping of such building. All of such acquisitions of property or machinery, equipment or furnishings may be made through the use of funds derived through the issuance of revenue certificates and all expansions of new or existing facilities may be made through the use of such funds.
"(9) To exercise such other powers and duties, consistent with the purposes of the Authority, as may be delegated to it by the governing authority of Coweta County;

"(10) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

"(11) To designate officers to sign and act for the Authority generally or in any specific matter;

"(12) To do any and all acts and things necessary or con venient to accomplish the purpose and powers of the Authority as herein stated.

FRIDAY, FEBRUARY 18, 1966

1431

"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against Coweta County, nor the State of Georgia;

"P. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in per formance of the work of the Authority shall have the same im munity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority;
"G. The members of the Authority shall receive only such compensation for their services to the Authority as shall be au thorized by the governing authority of Coweta County but such compensation shall be paid from funds of the Authority;
"H. Coweta County is authorized to levy an annual tax as may be determined by the governing authority, but not to exceed two mills, on all taxable property within the County for the support of the Authority and for its use and purposes, and all funds raised by such tax shall be paid and appropriated by Coweta County to the Authority and when paid to the Authority, shall become a part of its funds and may be used by it for any of its purposes and powers as herein stated or as may be hereafter provided by law, which tax shall be in addition to all other taxes authorized by law;

"I. Coweta County is also authorized, in addition to the tax provided above, to appropriate to the Authority such amount from its funds each year as its governing authority shall determine to be appropriate, but not exceeding twenty per cent of its total re ceipts from business licenses for the year and any funds so ap propriated when paid to the Authority shall become a part of its funds and may be used by the Authority in accordance with its powers and purposes as herein stated or as may be hereafter de fined by law;
"J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation;

"K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Coweta County and its citizens, industry, agriculture, trade, commerce and recrea tion within Coweta County, and making of long-range plans for such development and expansion and to authorize the use of public funds of Coweta County for such purposes, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose;

1432

JOUENAL OF THE SENATE,

"L. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Coweta County, and the scope of its operations shall be limited to the territory em braced within Coweta County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its opera tions beyond the limits of Coweta County.

"M. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of Coweta County, nor State of Georgia;

"N. Should said Authority for any reason be dissolved, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Coweta County, subject to any mortgates, liens, leases or other encum brances outstanding against or in respect to said property at that time;
"O. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context:
"(1) The word "project" shall be deemed to mean and include property, real and/or personal, acquired or held by the Authority for the assistance, promotion, establishment or development of a new industry or industries, or the assistance, promotion or expan sion of existing industry, trade or commerce in Coweta County, or any combination thereof; the acquisition of any such property for any such purpose or purposes; the improvement of any such prop erty or properties; and/or the construction, installation and/or expansion of one or more buildings, plants, and/or articles of equipment for the purpose of using, selling, donating, leasing and/ or renting such land, properties, improvements, structures or equip ment to public or private persons, firms, corporations and/or as sociations for such purposes.
"(2) The term 'cost of project' shall embrace: The cost of lands, buildings, improvements, machinery, equipment, properties, easements, rights, franchises, materials, labor and services acquired and/or contracted for; the cost of financing charges and/or of interest prior to and during construction; architectural, accounting, engineering, inspection, fiscal and/or legal expenses; cost of plans and/or specifications; and/or any other expenses necessary or in cident to construction and/or improvements, and/or to determining the feasibility and/or practicability of the project, administrative expenses, and/or the acquisition, construction, equipping and/or operating any project or any part thereof.

"P. This amendment shall be self-executing and effective im mediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation."

FRIDAY, FEBRUARY 18, 1966

1433

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 sutbmitted 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 create the Coweta County Development Authority and to provide
NO ( ) for powers, authority, funds, purposes and procedure connected therewith?"

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.

Senator Yancey of the 33rd offered the following amendment:
Amend HR 274 by striking paragraph F in its entirety and by renumbering paragraphs G through P accordingly.

The amendment was adopted.

The report of the committe, 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 Bateman Carter

Coggin Dean Downing

Edenfield Eldridge Fincher of 54th

1434

JOURNAL OF THE SENATE,

Flowers Foster Gayner Gillis Gregory 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 Searcey Smalley Smith Spinks Thompson Tribble Ward Webb
Yancey Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 46, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted as amended.

HR 295. By Mr. Smith of the 44th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of the Board of Education of Pike County and to provide for the appointment of the county school superintendent of Pike County by the board of education thereof; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VIII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The Board of Education of Pike County shall be composed of five (5) members to be elected as hereinafter provided. For the purposes of electing members of the Board of Education of Pike County, Pike County is divided into five (5) education districts as follows:
"District No. 1. Education District No. 1 shall be composed of all of that territory within Pike County embraced within Georgia Militia District No. 580 (Zebulon).

FRIDAY, FEBRUARY 18, 1966

1435

"District No. 2. Education District No. 2 shall be composed of all of that territory within Pike County embraced within Georgia Militia District No. 551 (Meansville) and Georgia Militia District No. 581 (Springs).
"District No. 3. Education District No. 3 shall be composed of all of that territory within Pike County embraced within Georgia Militia District No. 505 (Concord) and Georgia Militia District No. 1465 (Molena).
"District No. 4. Education District No. 4 shall be composed of all of that territory within Pike County embraced within Georgia Militia District No. 592 (Second).
"District No. 5. Education District No. 5 shall be composed of all of that territory within Pike County embraced within Georgia Militia District No. 534 (Hollonville) and Georgia Militia District No. 545 (Driver).
"Candidates must reside within the education district for which they offer as candidates for election to the board. Candidates shall be elected to the board by the voters of the entire county.

"At the general election conducted in 1968, there shall be elected the first members of the Board of Education of Pike County as hereinafter provided for. The candidates elected from Districts Nos. 1 and 2 shall take office on the first day of January following their election and shall serve for a term of office of four years and until their successors are duly elected and qualified. Candidates elected from Districts 3, 4 and 5 at said election shall take office on the first day of January following their election and shall serve for a term of office of two years and until their successors are duly elected and qualified. Thereafter, successors which are elected to the initial members of the Pike County Board of Education shall be elected at the general election which is conducted in that year in which the respective terms of office shall expire and they shall take office on the first day of January following their election and serve for a term of four years and until their successors are duly elected and qualified.

"Vacancies occurring on the board shall be filled by the re maining members of the board electing a successor to serve out the unexpired term of office in which the vacancy shall occur. The Pike County Board of Education created by this amendment shall be subject to ail constitutional and statutory provisions relating to county boards of education, except as those provisions shall con
flict with the provisions of this amendment.

"The county school superintendent of Pike County serving at the time of the ratification of this amendment shall continue to serve out the term of office to which he was elected. At the expira tion of his term of office, the Board of Education of Pike County shall appoint the county school superintendent of Pike County and he shall serve at the pleasure of the board."

1436

JOURNAL OF THE SENATE,

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to provide for the election of the Board of Education of Pike
NO ( ) County and to provide for the appointment of the county school superintendent of Pike County by the board of education thereof?"

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 returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

Senator Smalley of the 28th offered the following amendment:
Amend HR 295, section 2, line 7, on page 2 by striking the word "on" and substituting in lieu thereof the word "or".

On the adoption of the amendment, the ayes were 46, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the 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 Bateman Carter

Coggin Dean Downing

Edenfield Eldridge Pincher of 54th

FRIDAY, FEBRUARY 18, 1966

1437

Flowers Foster Gayner Gillis Gregory Hall Hill Holley Holloway Jackson Johnson of 38th Kidd Kilpatrick

Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie Noble Owens Padgett Pennington Plunkett

Rowan Sanders Searcey Smalley Smith Spinks Tribble Ward Webb Wesberry Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 46, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was passed as amended.
HR 319. By Mr. Anderson of the 71st:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Bleckley-Cochran Industrial Development Authority; to provide for powers, authority, funds, purposes and procedures connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article V, Section IX, of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic of Bleckley County to be known as the Bleckley-Cochran Industrial Development Authority which shall be an instrumentality of Bleck ley County and the City of Cochran and a public corporation and which in this amendment is hereinafter referred to as the 'Authority'.
"B. The Authority shall consist of the Commissioner of Roads and Revenues of Bleckley County, the Mayor of the City of Cochran, the President of the Cochran-Bleckley Development Corporation, the

1438

JOURNAL OF THE SENATE,

President of the Cochran-Bleckley Industrial Park, the chief execu tive officer of the State Bank of Cochran, the chief executive of ficer of the Cook Banking Company, one member to be appointed by the Commissioner of Roads and Revenues of Bleckley County and one member to be appointed by the Mayor of the City of Coch ran. All members, except those appointed by the Commissioner of Roads and Revenues of Bleckley County and the Mayor of the City of Cochran, shall hold office as members of the Authority concurrent with their respective terms of office in the position designated here in. The appointed members shall serve for a term of two (2) years each and until their successors are appointed and qualified. Vacan cies for unexpired terms of appointed members shall be filled by the Commissioner of Roads and Revenues of Bleckley County and the Mayor of the City of Cochran in the same manner as appoint ments. The appointed members shall be eligible for reappointment. A majority of the members of the Authority shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power and authority to act. Any va cancies except those of the members appointed by the Commissioner of Roads and Revenues of Bleckley County and the Mayor of the City of Cochran, shall be filled by a majority of the remaining members.
"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Bleckley County and the City of Cochran. The exemptions from taxation herein provided shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority.
"D. The powers of the Authority shall include, but not limited to, the power:
(1) To receive and administer gifts, grants and donations and to administer trusts;
(2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;

(3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;
(4) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;

(5) To encourage and promote the expansion and development of industrial and commercial facilities in Bleckley County and the

FRIDAY, FEBRUARY 18, 1966

1439

City of Cochran, and to that end to acquire by purchase or gift any building or structure within aforesaid territorial limits suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such build ing;
(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or pur chaser shall be required to pay all costs of operating and main taining the building or buildings and to pay rentals or installments sufficient, together with other revenues, which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking.

(7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

(8) To designate officers to sign and act for the Authority generally or in any specific matter;

(9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.
"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Geor gia, Bleckley County or the City of Cochran.

"F. The members of the Authority shall receive no compensa tion for their services to the Authority.

"G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Au thority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agree-

1440

JOURNAL OP THE SENATE,

ment or indenture not in conflict with the provisions of this amend ment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any ex ercise of the taxing power of Bleckley County or the City of Cochran to pay any of the said obligations of said Authority.

"H. The Authority may authorize additional bonds, for exten sions and permanent improvements to any industrial building ac quired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings.
"I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that the under taking for which the bonds are to be issued will increase employ ment within the territorial limits herein designated.

"J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms, or corporations shall at any time be used for entertainment, or other promotional expenses.
"K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Bleckley County and the City of Cochran subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time.
"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade in Bleckley County and the City of Cochran and reducing unemploy ment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally con strued for the accomplishment of these purposes.

"M. This amendment shall be effective immediately upon pro clamation of its ratification by the Governor and the first mem bers of the Authority shall be appointed within thirty (30) days after such proclamation.
"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Bleckley County and the City of Cochran and the scope of its operations shall be limited to the territory embraced within said county and city. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits."

FRIDAY, FEBRUARY 18, 1966

1441

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as pro vided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to provide NO ( ) for the Bleckley-Cochran Development Authority?"

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 returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The Committee on County and Municipal Governments offered the following amendment:
Amend HR 319 as follows:

By inserting in Section 1, Paragraph B., in the fifth line, the following words between "Company" and "one":

", the President of the Bleckley County Farm Bureau,".

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.
The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Bateman Carter

Coggin Dean Downing

Edenfield Eldridge Fincher of 54th

1442

JOURNAL OF THE SENATE,

Flowers Foster Gayner Gillis Gregory Hall Hill Holley Holloway Jackson Johnson of 38th Kidd Kilpatrick

Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie Noble Owens Padgett Pennington Plunkett

Rowan Sanders Searcey Smalley Smith Spinks Tribble Ward Webb Wesberry Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 46, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted as amended.

HR 345. By Messrs. Story and Watson of the 22nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to empower the Clerk of the Superior Court of Gwinnett County to issue criminal warrants; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article XI, Section II, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The Clerk of the Superior Court of Gwinnett County is hereby empowered to issue criminal warrants in the same manner and under the same procedure as that provided for justices of the peace, and any warrant so issued by the Clerk shall be returnable to any judicial officer of this State. For issuing each such warrant the Clerk shall collect the same fee therefor as that provided for the issuance of such warrants by justices of the peace and all such fees shall be held by the Clerk of the Superior Court for Gwinnett County and shall be the property of Gwinnett County. Such fees shall be turned over to the proper authority of Gwinnett County in the same manner as other fees collected by the Clerk."

FRIDAY, FEBRUARY 18, 1966

1443

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to empower NO ( ) the Clerk of the Superior Court of Gwinnett County
to issue criminal warrants?"

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.

Senator Minish of the 48th offered the following amendment:
By adding before the phrase "and for other purposes." the phrase "to provide an effective date;".
By adding at the beginning of the new paragraph provided for in Section 1 the following:
"Beginning on January 1, 1969,",
so that when so amended the new paragraph shall read as follows:
"Beginning on January 1, 1969, the Clerk of the Superior Court of Gwinnett County is hereby empowered to issue criminal warrants in the same manner and under the same procedure as that provided for justices of the peace, and any warrant so issued by the Clerk shall be returnable to any judicial officer of this State. For issuing each such warrant the Clerk shall collect the same fee therefor as that provided for the issuance of such warrants by justices of the peace and all such fees shall be held by the Clerk of the Superior Court for Gwinnett County and shall be the property of Gwinnett County. Such fees shall be turned over to the proper authority of Gwinnett County in the same manner as other fees collected by the Clerk."

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JOURNAL OF THE SENATE,

On the adoption of the amendment, the ayes were 46, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the 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 Coggin Dean Downing Edenfield Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gregory

Hall Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Moore McGill Noble

Owens Padgett Pennington Plunkett Rowan Searcey Smalley Smith Thompson Tribble Ward Webb Yancey Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 46, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted as amended.
The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:
SB 14. By Senator Sanders of the 41st: A bill to provide that any person who is 18 years of age or older and who is married may bind himself by contract as though said person were 21 years of age or older, and said contract shall be enforceable as though said person were 21 years of age or older; and for other purposes.

FRIDAY, FEBRUARY 18, 1966

1445

The House substitute was as follows:

A BILL

To be entitled an act relating to the contracts, conveyances, and other consensual transactions of minors, particularly minors the age of 18 or more and married; to revise and consolidate certain laws and code setcions relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Secvtion 20-201 relating to infants' contracts, is amended by striking said Code Section in its entirety and substituting in lieu thereof a new Code Section 20-201 to read as follows:

"20-201. Infants' Contracts. Generally the contract of an in fant is voidable. If in a contractual transcation an infant receives property or other valuable consideration, and, after arrival at the age of majority, retains possession of such property or continues to enjoy the benefit of such other valuable consideration, he shall have thereby ratified or affirmed the contract and it shall be bind ing on him. The contract of an infant for necessaries shall be binding on him as if he were of legal majority except that the party furnishing them to him must prove that the parent or guardian of such infant had failed or refused to supply sufficient necessaries for him. The contracts, promissory notes, conditional sales contracts and any other consensual transactions of a minor who is 18 years of age or older and married shall be as effective as though such minor were of the age of majority."

Section 2. Code Section 29-106, relating to deeds of an infant, is amended by striking said Code Section in its entirety and substituting in lieu thereof a new Code Section 29-106 to read as follows:

"29-106. Deeds of an Infant. The deed, security deed, bill of sale, bill of sale to secure debt, or any other conveyance of property or interest in property to or by an infant is voidable. If an infant has conveyed property or an interest in property, he may void such conveyance upon arrival at the age of majority; making another conveyance at that time will void the first conveyance without reentry or repossession. If property or an interest in property has been conveyed to an infant, and, after arrival at the age of ma jority, he retains the possession or benefit of such property or interest in property, he shall have thereby ratified or affirmed the conveyance. The deeds, security deeds, bills of sale, bills of sale to secure debt and any other conveyance of property to or by a minor who is 18 years of age or older and married shall be as effective as though such minor were of the age of majority."

Section 3. It is the intent of the General Assembly that the substance of the Act approved April 5, 1961 (Ga. Laws 1961, p. 453), an Act approved March 4, 1964 (Ga. Laws 1964. p. 212) and an Act approved

1446

JOURNAL OF THE SENATE,

March 25, 1965 (Ga. Laws 1965, p. 234) has been included in the revisions made herein to Code Sections 20-201 and 29-106. Accordingly, these Acts, all of which relate to the contracts and conveyances of minors who are are 18 years of age or older and married, are hereby repealed. It is intended that that portion of Section 1A added by the Act approved March 24, 1965 to the Act approved April 5, 1961, as amended, related to emancipated minors be repealed and no effect there from be read into Code Sections 20-201 and 29-106 as herein revised.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Miller of the 43rd moved that the Senate agree to the House substitute to SB 14.

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 purpose of considering a House amendment thereto:
SB 130. By Senators Johnson of the 38th, Wesberry of the 37th, Ward of the 39th and others:
A bill to amend Code chapter 92-63, relating to the compilation of tax returns and the preparation of tax digests by the tax receivers, so as to delete therefrom the requirement that the names of colored taxpayers be compiled separately on the tax digest; and for other purposes.

The House amendment was as follows:
The Committee on Judiciary moved to amend SB 130 by inserting the follow ing as section 3 and renumbering the present section 3 as section 4:

"The effective date of this act shall be January 1, 1967."

Senator Johnson of the 38th moved that the Senate agree to the House amendment to SB 130.
On the motion, the ayes were 29, nays 0.

FRIDAY, FEBRUARY 18, 1966

1447

The motion prevailed, and the House amendment was agreed to.

Senator Pennington of the 45th moved that the Senate reconsider its action on the following bill of the House:

HB 247. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend an act creating a Department of Public Safety, so as to provide for the issuance of honorary drivers' licenses without cost to certain veterans of this State or certain servicemen of this State; and for other purposes.

On the motion, the ayes were 29, nays 0.

The motion prevailed, and HB 247 was placed on the calendar.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 171. By Senators Johnson of the 42nd, Miller of the 43rd, Sanders of the 41st and others:
A bill to amend the Metropolitan Atlanta Rapid Transit Authority Act of 1965 (Ga. Laws 1965, p. 2243) by repealing certain provisions therein with respect to the Interim Study Commission and the holding of referenda; and for other purposes.

The House amendment was as follows:

Howard of the 101st, McDaniell of the 101st, Wilson of the 102nd, Henderson of the 102nd and Jordan of the 103rd move to amend SB 171 as follows:
By inserting between the third and fourth sentences of Section 6 (b), which Section is quoted in Section 3 of said bill, the following:
"Provided that if a monetary payment or grant of property by Cobb County should be a condition or consideration of the Transit Authority accepting Cobb County into membership therein that the amount and description of same and the reasons therefor shall be publicized at the time of the call of said referendum."

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JOURNAL OF THE SENATE,

Mr. Wilson of 102 moves to amend Senate Bill 171 by inserting between the word "local" and the word "act" on line 21 of page 2, the word "legislative" so that line 21 when amended shall read as follows:
"prescribed by local legislative act, the question of whether it ..."
Senator Johnson of the 42nd moved that the Senate agree to the House amendment to SB 171.
On the motion, the ayes were 29, nays 0.
The motion prevailed, and the House amendment was agreed to.
The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 2. By Senator Bateman of the 27th: A bill to amend Code section 59-112, relating to persons exempt from jury duty, as amended, so as to provide the persons who shall be entitled to exemption from all jury duty; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.
The House amendment was as follows:
The Committee on Judiciary moved to amend SB 2 as follows:
By renumbering section 1, 59-112a5 as 59-112a6, and inserting the following as59-112a5:
5. Dentists and Pharmacists, duly licensed, who are actively engaged in the practice of their profession.
Senator Bateman of the 27th moved that the Senate agree to the House amendment to SB 2.
On the motion, the ayes were 29, nays 2.
The motion prevailed, and the House amendment was agreed to.

FRIDAY, FEBRUARY 18, 1966

1449

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 33. By Senators Broun of the 46th, Minish of the 48th, Kilpatrick of the 44th and others:
A bill to create a State Board of Registration for Used Motor Vehicle Parts Dealers, Motor Vehicle Dismantlers, and Motor Vehicle Rebuilders; and for other purposes.

The House amendment was as follows:

Mr. Clarke of the 45th District moves to amend Senate Bill 33 as follows:
By striking paragraph 1. of Section 15 (a) in its entirety and substituting in lieu thereof the following:
1. Every vehicle, vehicle body, chassis or engine of or for a vehicle received or acquired by him, its description and any identifying num bers, the date of its receipt or acquisition, and the full name, address and driver's license number or social security number, of the person from whom received or acquired, provided however that in the event such purchase or acquisition is from a used parts dealer, used motor vehicle dismantler, salvage yard operator, or established place of business, the name and address of the corporation or company shall be sufficient pro vided the seller is registered under the provisions of this Act.
Senate Bill 33 shall be further amended by striking paragraph 2. of Section 15 (a) in its entirely and substituting in lieu thereof the following:
2. Every vehicle, vehicle body, chassis or engine disposed of by him, its description and any identifying numbers, the data of its receipt or acquisition, and the full name, address and driver's license number or social security number, of the person to whom disposed, provided however that in the event such disposal is to a used parts dealer, used motor vehicle dismantler, salvage yard operator, or established place of business, the name and address of the corporation or company shall be sufficient provided the purchaser or acquirer is registered under the provisions of this Act.
Clarke of the 45th District moves to amend Senate Bill 33 as follows:
By adding at the end of sub-paragraph (e) of Section 9., the following:
There shall however be but one license fee of twenty-five ($25.00) dollars for any one place of business even though such business may be embraced in more than one of the definitions in this Section.

Senator Broun of the 46th moved that the Senate agree to the House amendment to SB 33.

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On the motion, the ayes were 34, nays 0.

The motion prevailed, and the House amendment was agreed to.

The following bill of the Senate was taken up for the purpose of considering House action thereto:
SB 1. By Senator Webb of the llth:
A bill to provide that the holding, owning, having in possession of or paying the tax for a wagering occupational tax stamp, or for paying the special tax on certain coin-operated devices issued by the Internal Revenue Authorities of the United States shall be held in all the courts of this State as prima facie evidence against the person holding such stamp in any prosecution of such person for violation of the gambling laws of this State; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
Thomas of 77th moves to substitute for Senate Bill No. 1 the following:
A BILL
To be entitled an Act to provide for more effective enforcement of the gambling and lottery laws of this State by providing that the hold ing, owning, having in possession of or paying the tax for a wagering occupational tax stamp, as provided in 26 U.S. Code, Section 4411, issued by the Internal Revenue Authorities of the United States shall be held in all the courts of this State as prima facie evidence of the guilt of the person holding such stamp in any prosecution of such person for viola tion of the gambling or lottery laws of this State; to provide for a report by the Revenue Commissioner of this State to various law enforcement agencies of this State of persons paying the taxes on coin-operated gambling devices as provided in 26 U. S. Code 4461; to provide an effective date; to repeal conflicting laws; to provide severability; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The holding, owning, having in possession of or paying the tax for a wagering occupational tax stamp, as provided in 26 U. S. Code Section 4411, issued by the Internal Revenue authorities of the United States after July 1, 1966, shall be held in all courts of this State as prima facie evidence of the guilt of the person holding such stamp in any prosecution of such person for violation of the gambling or lottery laws of this State, as the same appears in Section 26-6401 through 26-6412, (inclusive) Georgia Code Annotated, and the lottery laws of this State as the same appear in Section 26-6501 through 266503 of the Georgia Code of 1933.

FRIDAY, FEBRUARY 18, 1966

1451

Section 2. The Commissioner of Revenue for the State of Georgia shall annually, not later than August 15th of each year, ascertain what person or persons have been issued, or hold, own, possess, or are paying the taxes on a coin-operated gambling device or devices, as provided in 26 U. S. Code 4461, issued by the Internal Revenue authorities of the United States, and said Commissioner of Revenue shall report this fact or facts in writing to all law enforcement agencies seated in the county of the residence of such person holding, owning, having in possession of, or paying the aforesaid taxes.

Section 3. The provisions of this Act shall become effective on July 1, 1966.
Section 4. If any clause, sentence, section or other part of this Act shall be held unconstitutional, or invalid, the same shall not have the effect of invalidating any other part thereof.

Section 5. 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 1, and that a Committee of Conference be appointed.

On the motion, a call of the roll was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Ballew Broun Carter Coggin Dean Edenfield
Fincher of 61st Fincher of 54th Greogory Hall Hill Holloway

Jackson Johnson of 42nd Kendrick Kilpatrick Maclntyre Miller Minish
Moore McGill McKenzie Owens Padgett Pennington

Plunkett Rowan Salome Sanders Searcey Smalley Tribble
Ward Webb Wesberry Yancey Young

Those voting in the negative were Senators:

Bateman Downing

Gayner Kidd

Loggins

On the motion, the ayes were 38, nays 5.

The motion prevailed, and the president appointed as a Committee of Conference on the part of the Senate the following:

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Senators Webb of the llth, Johnson of the 42nd and Yancey of the 33rd.

The following general bills and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage:

HB 122. By Messrs. Brinkley and Jones of the 112th:
A bill to amend an act providing that no judgment, decree, or order of any court shall affect the title to receive property until said judgment, decree, or order is recorded, so as to provide that the provisions of this act shall also apply to writ of fieri facias handed down pursuant to any such judgment.

The Committee on Judiciary offered the following substitute:
A BILL
To be entitled an act to amend an act providing that no judgment, decree, or order of any superior court, county court, city court, justice court, municipal court, or any United States court shall affect the title to real property until said judgment, decree, or order is recorded, ap proved March 25, 1958 (Ga. Laws 1958, p. 379), so as to provide that the provisions of this act shall also apply to any writ of fieri facias issued pursuant to any such judgment, decree, or order; to provide definitions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An act providing that no judgment, decree, or order of any superior court, county court, city court, justice court, municipal court, or any United States court shall affect the title to real property until said judgment, decree, or order is recorded, approved March 25, 1958 (Ga. Laws 1958, p. 379), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. No judgment, decree, or order or any writ of fieri facias issued pursuant to any such judgment, decree, or order of any superior court, county court, city court, justice court, municipal court, or any United States court shall, in any way, affect or become a lien upon the title to real property until said judgment, decree, order or writ of fieri facias is recorded in the office of the clerk of the superior court of the county in which such real property is located, and is entered in the indexes to the ap plicable records in the office of such clerk. Such entries and re cordings must be requested and paid for by the plaintiff or de fendant, or their attorney-at-law."
Section 2. Said act is further amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to reads as follows:

FRIDAY, FEBRUARY 18, 1966

1453

"Section 2. Definitions.

The term 'applicable records' shall include deed books, lis pendens dockets, federal tax lien dockets, general execution dockets and attachment dockets."
Section 3. Said act is further amended by striking Section 3 in its entirety and by renumbering Sections 4, 5 and 6 as Sections 3, 4, and 5, respectively.
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 29, nays 0, and the sub stitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the ayes were 29, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.
The following bill of the Senate was taken up for the purpose of considering House action thereto:
SB 45. By Senator Kendrick of the 32nd: A bill to amend Code section 32-904, relating to the compensation of members of county boards of education, as amended, so as to change the compensation of board members; and for other purposes.

The House Committee on Education offered the following substitute:
A BILL
To be entitled an act to amend Code Section 32-904, relating to the compensation of members of county boards of education, as amended by an act approved March 5, 1943 (Ga. Laws 1943, p. 270), an act approved March 13, 1957 (Ga. Laws 1957, p. 648), an act approved March 12, 1959 (Ga. Laws 1959, p. 231), and an act approved April 2, 1963 (Ga. Laws 1963, p. 279), so as to change the compensation of board members; to provide that all board members shall receive reim-

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bursement for actual expenses incurred on official business of the board; to repeal conflicting- laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 32-904, relating to the compensation of members of county boards of education, as amended by an act approved March 5, 1943 (Ga. Laws 1943, p. 270), an act approved March 13, 1957 (Ga. Laws 1957, p. 648), an act approved March 12, 1959 (Ga. Laws 1959, p. 231), and an act approved April 2, 1963 (Ga. Laws 1963, p. 279), is hereby amended by striking in its entirety the second sentence of said Code Section which reads as follows:

"In any county for which no local act is passed, members of the county board of education may receive per diem of $10 for each day of attendance at meetings of the board, and while meeting and traveling within or without the State as a member of a com mittee of the board an official business first authorized by a majority of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith.",

and substituting in lieu thereof the following:

"In any county for which no local act is passed, members of the county board of education shall receive a per diem of $20 for each day of attendance at meetings of the board, and while meeting and traveling within or without the state as a member of a com mittee of the board on official business first authorized by a majority of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith.",

so that when so amended said Code Section shall read as follows:

"32-904. The General Assembly is hereby authorized to provide the compensation of members of county boards of education by local act. In any county for which no local act is passed, members of the county board of education shall, when approved by the county board of education affected, receive a per diem of $20 for each day of attendance at meetings of the board, and while meeting and traveling within or without the state as a member of a committee of the board on official business first authorized by a majority of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith. The accounts for such service and expenses shall be submitted for approval to the county superintendent of schools. In all counties the compensation of members of county boards of education shall be paid only from the local tax funds available to county boards of education for educational purposes; Provided, however, that nothing herein con tained shall affect a county board of education or school system created prior to the Constitution of 1877."

Section 2. All laws and parts of laws in conflict with this act are hereby repealed.

FRIDAY, FEBRUARY 18, 1966

1455

Senator Hall of the 52nd moved that the Senate agree to the House sub stitute to SB 45.

On the motion, the ayes were 29, 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 a House amendment thereto:

SB 127. By Senators Yancey of the 33rd, Kilpatrick of the 44th and Edenfield of the 4th:
A bill to provide that the judge or judges of every court of this State having jurisdiction of the violation of traffic laws or traffic ordinances, which violations occur outside corporate limits of municipalities, may provide by written order for the establishment of a Traffic Violations Bureau; and for other purposes.

The House amendment was as follows:
Mr. Howard of the 101st moved to amend SB 127 by striking from section 7 thereof the following:
"1. Any charge involving an accident"
"4. Any driver license violation."
and appropriately renumbering the remaining numerical phrases within said section.

Senator Yancey of the 33rd moved that the Senate agree to the House amendment to SB 127.

On the motion, the ayes were 41, nays 0.

The motion prevailed, and the House amendment was agreed to.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 182. By Senators Plunkett of the 30th, Coggin of the 35th and Broun of the 46th:
A bill to provide for a method, in addition to existing methods, for the annexation of contiguous territory to incorporated municipalities upon

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JOURNAL OF THE SENATE,

the application of not less than 60 f/< of the owners representing at least 60% of the land area included in such application; and for otherpurposes.

The House amendment was as follows:
The Committee on Special Judiciary moves to amend SB 182 as follows:
By striking Section 7 in its entirety and substituting therefor a new Section 7 to read as follows:
"Section 7. When such application is acted upon by the mu nicipal authorities and the land is, by ordinance, annexed to the municipality, a complete survey by a competent surveyor, not necessarily a county surveyor, shall be filed as a part of the ordinance annexing the territory and a copy certified to by the clerk or similar official of the municipality shall be filed with the Secretary of State of the State of Georgia and municipal ad valorem taxes shall not apply to property within the annexed territory until January 1 of the following year. When so annexed, such lands shall constitute a part of the lands within the corporate limits of the municipality as completely and fully as if the limits had been marked and defined by special act of the General Assembly.
'Incorporated municipality' as used in this act shall mean an incorporated municipality which has a population of 200 or more persons according to the 1960 Federal Decennial census or any future such census."
Mr. Mitchell of the 3rd moved to amend SB 182 by adding a new section to be numbered appropriately:
"Nothing within this act shall prohibit the municipality from requiring the residents of the new annexed area to use city owned utilities when they are available."
Mr. Howard of 101st moves to amend SB 182 by striking the last sentence in Section 5 and adding a new sentence to read:
"Provided there shall be no annexation across the boundary lines of any political subdivision under the provisions of this act."
Mr. Howard of the 101st, moves to amend SB 182 by striking from Section 1 the following paragraph:
"For the purpose of determining ownership of the property included within such application, the owner or owners of the fee simple title, or his legal representative, as shown by the records of the Clerk of Superior Court shall be considered the "owner" of such property."
and substituting therefor the following paragraph, as corrected:

FRIDAY, FEBRUARY 18, 1966

1457

"For the purpose of determining ownership of the property included within such application, the record title holder of the fee simple title, or his legal representative, shall be considered the "owner" of such property."
Mr. Lee of the 79th moves to amend S B 182 as follows:

By striking Section 5 in its entirety and substituting therefore the following new Section 5:
"Section 5. 'Contiguous area' shall mean any area which, at the time annexation procedures are initiated, coincides with the municipal boundary on at least one-eighth of the area's aggregate external boundary. Any area separated from the municipal bound ary by a street or street right-of-way, a creek or river, the rightof-way of a railroad or other public service corporation, lands owned by the city, lands owned by a county, or lands owned by the State of Georgia shall be a 'contiguous area' within the meaning of this act when such area coincides with either the municipal boundary as such land or both on at least one-eighth of such area's aggregate external boundary. Provided, there shall be no annexation across the boundary line of any political subdivision without the consent of all political subdivisions whose boundary lines are crossed."
Mr. Paris of the 73rd moves to amend SB 182 by adding a new section to be numbered appropriately as follows:

"Any citizen affected by the annexation under the act may bring a validation petition in the Superior Court of the county wherein the annexed property lies, to determine the validity of such annexation, within 30 days after the same is approved by the municipality affected thereby, all as provided in cases for the validation of municipal lands".

Senator Plunkett of the 30th moved that the Senate disagree to the House amendments to SB 182, and that a Committee of Conference be appointed.

The president appointed as a Committee of Conference on the part of the Senate the following:
Senators Smith of the 18th, Plunkett of the 30th and Coggin of the 35th.

The following bill of the Senate was taken up for the purpose of considering House action thereto:
SB 19. 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" to provide for taxing on alcoholic beverages in municipalities; and for other purposes.

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JOURNAL OP THE SENATE,

The House amendment was as follows:

Pulford of the 67th moves to amend SB 19 as follows:

By striking from the title the following:

"to provide that any municipality lying within a county that has held an election in regard to this Act, the results of which were to allow the taxing, legalizing and control of alcoholic beverages and liquors within said county, that the governing authority of said municipality may make a determination as to whether the taxing, licensing, manufacturing, distribution and control of alco holic beverages and liquors shall be allowed in said municipality;"

By striking from the title the following:

"to make provisions in regard to the applicability of the results of the results of said election;"

and inserting in lieu thereof the following:

"to prohibit the governing authority of any municipality from acting in derogation of the results of any referendum election;"

By striking from the first paragraph of Section 1 the following:

", a new Section to be designated Section 4B, and a new Section to be designated Section 4C".

By striking the language quoted as Section 4A in Section 1 of said bill in its entirety.
By renumbering quoted Section 4B in Section 1 of said bill as quoted Section 4A.
By striking from the language quoted as renumbered Section 4A in Section 1 of said bill the following:
"Notwithstanding Section 4A above, whenever fifteen (15) per cent"
and inserting in lieu thereof the following:

"Whenever thirty-five (35) per cent"

By striking from the last sentence of the language quoted as re numbered Section 4A in said bill the words, parenthesis and figures "fifteen (15)" and inserting in lieu thereof the words, parenthesis and figures "thirty-five (35)".

By striking the language quoted as Section 4C in its entirety.

FRIDAY, FEBRUARY 18, 1966

1459

Senator Thompson of the 34th moved that the Senate disagree to the House amendment to SB 19, and that a Committee of Conference be appointed.

On the motion, the ayes were 41, nays 0.

The motion prevailed, and the House amendment was disagreed to.

The president appointed as a Committee of Conference on the part of the Senate the following:
Senators Thompson of the 34th, Johnson of the 42nd and Eldridge of the 7th.

Senator Thompson of the 34th asked unanimous consent that the Senate re quest the House of Representatives to reestablish the following bill of the House:
HB 95. By Mr. Games of the 129th: 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, so as to change the provisions relative to the payment of premiums; and for other purposes.
The consent was granted.
The following bill of the House was taken up for the purpose of considering the report of a Committee of Conference thereto:
HB 68. By Messrs. Steis of the 100th, Jones of the 76th, Minge and Starnes of the 13th, Fulford of the 67th and others: A bill to amend an act relating to Supreme Court and judges of Court of Appeals, so as to change the salaries of the justices of the Supreme Court and the judges of the Court of Appeals; and for other purposes.

The report of the Committee of Conference was as follows:
Mr. President:
Mr. Speaker:
The Conference Committee on HB 68 has met and recommends the adoption of the following report:
a. That the House recede from its position; b. that the Senate recede from its position; and

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c. that the attached Substitute for HB 68 be adopted.
Respectfully submitted,
/s/ Geo. L. Smith II Representative, 54th District
/s/ William M. Fleming, Jr. Representative, 106th District
/s/ William Burton Steis Representative, 100th District
/s/ Robert K. Ballew Senator, 50th District
/s/ John M. Gayner, III Senator, 5th District
/s/ R. Eugene Holley Senator, 22nd District

A BILL
To be entitled an act to amend an act relating to the salaries of Justices of the Supreme Court and Judges of the Court of Appeals, approved March 7, 1957 (Ga. Laws 1957, p. 205), as amended by an act approved January 18, 1962 (Ga. Laws 1962, p. 3), so as to change the salaries of the Justices of the Supreme Court and the Judges of the Court of Appeals; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act relating to the salaries of Justices of the Su preme Court and Judges of the Court of Appeals, approved March 7, 1957 (Ga. Laws 1957, p. 205), as amended by an Act approved January 18, 1962 (Ga. Laws 1962, p. 3), is hereby amended by striking Section 1 and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. The annual salary of the Justices of the Supreme Court shall be, and the same is hereby fixed in the sum of $26,500.00."
Section 2. Said act is further amended by striking Section 2 and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. The annual salary of the Judges of the Court of Appeals shall be, and the same is hereby fixed in the sum of $26,500.00."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Gayner of the 5th moved that the Senate adopt the report of the Committee of Conference to HB 68.

FRIDAY, FEBRUARY 18, 1966

1461

On the motion, the ayes were 36, nays 0.

The motion prevailed, and the report of the Committee of Conference was adopted.
The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House insists on its position and respectfully requests that a Committee of Conference be appointed on the following resolution of the House:

HR 274. By Messrs. Blalock and Davis of the 33rd:
A resolution proposing an amendment to the Constitution so as to create the Coweta County Development Authority; and for other purposes.

The Speaker has appointed on the part of the House the following members:

Messrs. Blalock of the 33rd, Lee of the 35th and Longino of the 122nd.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the Senate to-wit:

SB 206. By Senator Minish of the 48th:
A bill to amend an act creating the Board of Commissioners of Roads and Revenues of Jackson County, as amended, so as to change the compensation of the chairman and the other members of the Board of Commissioners of Roads and Revenues of Jackson County; and for other purposes.
SB 216. By Senator Kidd of the 25th:
A bill to amend an act creating a new charter for the City of Milledgeville, as amended, so as to change the date of the election; and for other purposes.

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JOURNAL OP THE SENATE,

SB 217. By Senator Kidd of the 25th:
A bill to amend an act creating a new charter for the City of Milledgeville, as amended, so as to change the date on which city taxes become due and payable; and for other purposes.

SB 238. By Senator Edenfield of the 4th:
A bill to amend an act placing the clerk of the superior court of Bulloch County upon an annual salary, as amended, so as to authorize the clerk to employ a deputy clerk, a docket clerk and a typist and to fix their compensation; and for other purposes.

SB 239. By Senator Loggins of the 53rd:
A bill to amend an act placing the Sheriff of the Superior Court of Chattooga County upon an annual salary, approved March 18, 1964 (Ga. Laws 1964, p. 2996) so as to changes the compensation of deputy sheriffs and jailers; and for other purposes.

SR 39. By Senator Fincher of the 51st:
A resolution proposing an amendment to the Constitution so as to change the provisions relating to elections for the members of the Cherokee County Board of Education and to change the provisions relating to the filling of vacancies on the Cherokee County Board of Education; and for other purposes.

SR 66. By Senator Moore of the 31st:
A resolution proposing an amendment to the Constitution so as to create the Polk School District by merging the county school system of Polk County and the independent school system of the City of Cedartown; and for other purposes.

SR 67. By Senator Owens of the 49th:
A resolution proposing an amendment to the Constitution so as to pro vide for the appointment of the county school superintendent of Lumpkin County by the board of education of Lumpkin County; and for other purposes.
SR 73. Sy Senators Wesberry of the 37th, Johnson of the 38th, Maclntyre of the 40th, and Ward of the 39th:
A resolution to re-establish a Local Education Commission in Atlanta and Fulton County to continue the study of the desirability of and feasibility of combining the school systems of Fulton County and the City of Atlanta; and for other purposes.

FRIDAY, FEBRUARY 18, 1966

1463

SR 79. By Senator Ballew of the 50th:
A resolution proposing an amendment to the Constitution so as to create the City of Jasper Industrial Development Authority; and for other purposes.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted the following resolutions of the House to-wit:

HR 119. By Messrs. Gignilliat of the 113th, Powers of the 113th, Gayner of the 114th, and many others: A resolution creating the forward Georgia Commission; and for other purposes.
HR 155. By Messrs. Lambros of the 130th: A resolution creating an interim committee to study the problems asso ciated with mental health, mental retardation, and all matters relating thereto and the facilities associated therewith in Fulton County; and for other purposes.
HR 310. By Mr. Palmer of the 117th: A resolution creating an interim study committee; and for other purposes.
HR 330. By Mr. Smith of the 90th: A resolution creating the State-Local Government Revenue Study Com mittee; and for other purposes.
HR 331. By Mr. Smith of the 90th: A resolution creating the State-Local Government Study Committee; and for other purposes.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following resolutions of the Senate to-wit:

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JOURNAL OF THE SENATE,

SR 25. By Senators Webb of the llth and Jackson of the 16th:
A resolution proposing an amendment to the Constitution so as to provide for the payment for taking or damaging private property for public road and street purposes; and for other purposes.

SR 74. By Senators Broun of the 46th, Carter of the 14th, Plunkett of the 30th, and Flowers of the 10th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to appropriate funds to the State Scholarship Commission for the purpose of being used to obtain funds from the Federal Government; and for other purposes.

SR 27. By Senators Gillis of the 20th and Smith of the 18th:
A resolution proposing an amendment to the Constitution, so as to authorize the Department of Industry and Trade to participate in the operation of certain facilities for the promotion of tourism in the State of Georgia; and for other purposes.

The House has adopted the following resolution of the Senate to-wit:
SR 125. By Senator Hall of the 52nd: A resolution urging the President of the United States to accept the invitation to appear at the annual meeting of the Rome-Floyd County Chamber of Commerce; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the Senate to-wit:

SB 76. By Senator Coggin of the 35th:
A bill to amend an act known as "Eminent Domain-Condemnation Pro ceedings Before a Special Master" approved March 13, 1957 (Ga. L. 1957, p. 387) so as to provide a method of perfecting service on non residents; to repeal conflicting laws; and for other purposes.

SB 158. By Senator Fincher of the 51st:
A bill to amend Code Section 84-1318, relating to the duties of drug store proprietors respecting registered pharmacists, as amended, so as to provide that drugs, medicines or poisons shall not be dispensed except under certain conditions; and for other purposes.

FRIDAY, FEBRUARY 18, 1966

1465

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr, President:

The House has passed by the requisite constitutional majority the following bills of the House to-wit:

SB 129. By Senator Loggins of the 53rd:
A bill to amend an act which comprehensively and exhaustively revised, superseded and modernized appellate and other post-trial procedure in civil and criminal cass, as amended; and for other purposes.

SB 201. By Senator Webb of the llth:
A hill to amend Section 12 of the act of the General Assembly known as the "Statewide Probation Act", as amended; and for other purposes.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate to-wit:

SB 66. By Senators Webb of the llth, Gillis of the 20th, Johnson of the 42nd, and others:
A bill to amend an act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended; to pro vide an effective date; and for other purposes.

SB 136. By Senator Webb of the llth:
A bill to amend Code Section 81-1001, relating to the time and place for determining the sufficiency of pleadings, as amended, so as to remove certain provisions, relating to amendments, which provisions the Supreme Court of Georgia has declared unconstitutional; and for other purposes.

HB 478. By Mr. Lane of the 64th:
A bill to amend Code section 47-107, relating to the per diem and mileage of members of the General Assembly so as to provide for an annual salary, expense and mileage for members of the General Assembly; and for other purposes.

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JOURNAL OP THE SENATE,

The Committee on Economy, Efficiency and Reorganization in Government offered the following amendment:
Amend HB 478 as follows:
By adding in the title before the words "to repeal conflicting laws" the words "to define maintenance expense allowance;".

By adding a new section to be known as Section 3 to read as follows:

"Section 3. The maintenance expense allowance received by any official of the State as specifically provided for in Section 1 of the 1965 General Appropriations Act, relative to appropriations for the legislative branch of the government, shall be the $25.00 per day expense allowance provided in Code Section 47-107 con tained in this Act, and any such official shall receive that amount in lieu of any such amount previously authorized or received."

By renumbering Sections 3 and 4 as Sections 4 and 5 respectively.

On the adoption of the amendment, the ayes were 34, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Ballew Bateman Broun Coggin Downing Edenfield Eldridge Fincher of 54th Foster Gayner Gregory

Hall Holloway Jackson Johnson of 38th Kendrick Kidd Kilpatrick Lee Loggins Miller McKenzie Noble

Pennington Rowan Sanders Searcey Spinks Thompson Tribble Ward Wesberry Yancey Young

Those voting in the negative were Senators:

Carter Dean Fincher of 51st Flowers Gillis

Hill Johnson of 42nd Maclntyre Moore Owens

Padgett Plunkett Smalley Smith Webb

FRIDAY, FEBRUARY 18, 1966

1467

By unanimous consent, verification of the roll call was dispensed with.

On the passage of the bill, the ayes were 35, nays 15.

The bill, having received the requisite constitutional majority, was passed as amended.
HB 47. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th: 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; and for other purposes.
The report 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 133. By Messrs. Howard of the 101st, Abney, Hale and Snow of the 1st, Harris of the 85th, Henderson of the 102nd and others: A bill to amend Code Section 30-209, to provide that alimony payments to the wife shall cease on her remarriage; and for other purposes.

The report 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 154. By Messrs. Barber of the 24th, Harris of the 118th and Busbee of the 79th: A bill to create the "Commission on the Status of Women"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

1468

JOURNAL OP THE SENATE,

On the passage of the bill, the ayes were 36, nays 2.

The bill, having received the requisite constitutional majority, was passed.

HB 165. By Messrs. Barber of the 24th and Harris of the 118th:
A bill to provide for the distribution of property when there is not sufficient evidence that persons have died otherwise than simultaneous ly; and for other purposes.

The i-eport 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 166. By Mr. McClatchey of the 138th:
A bill to amend an act known as the Georgia Insurance Code, so as to provide authority for the establishment of separate investment accounts by domestic life insurers for the funding of pension, retirement and profit sharing plans providing benefits payable in fixed or variable dollar amounts; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was 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 300. By Mr. Matthews of the 94th:
A bill to amend Code Section 34-1317, relating to assistance to electors when voting and the number of electors a person shall assist in any primary or election, so as to change the number of electors a person shall assist in any primary or election; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 29, nays 0.

The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 18, 1966

1469

The following bill was taken up for the purpose of considering a House amendment thereto:

SB 183. By Senators Webb of the llth, Smith of the 18th, Gillis of the 20th and Rowan of the 8th:
A bill to create Fiscal Affairs Subcommittees of the Senate and the House of Representatives; to provide for the composition, duties, powers and meetings of such subcommittees; to provide for funds; to repeal conflicting laws; and for other purposes.

The House amendment was as follows:
The House Rules Committee moves to amend SB 183 by striking the second (2nd) sentence of Section 1 and substituting in lieu thereof the following sentence:
"Each of said sub-committees shall be composed of ten (10) members of each of the aforesaid committees, the ten (10) mem bers from the House of Representatives shall be selected by the Speaker of the House of Representatives and the ten (10) members from the Senate shall be selected by the President of the Senate."

Senator Webb of the llth moved that the Senate agree to the House amend ment to SB 183.
On the motion, the ayes were 38, nays 0.

The motion prevailed, and the amendment was agreed to.

Senator Loggins of the 53rd asked unanimous consent that the following resolution of the House be recommitted to the Committee on County and Municipay Governments:
HR 204. By Mr. Hale of the 1st:
A resolution proposing an amendment to the Constitution, so as to pro vide that certain property in Dade County shall be exempt from all ad valorem taxes; and for other purposes.

The consent was granted.

HB 126. By Messrs. Johnson of the 40th, Mitchell of the 3rd, Anderson of the 71st, Matthews of the 94th, Williams of the 16th and many others:
A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", so as to require certain motor vehicles employed by the

1470

JOURNAL OF THE SENATE,

Department of Public Safety for the purpose of traffic enforcement to be marked and equipped with certain uniform fixtures; and for other purposes.

The Committee on Highways offered the following amendment:
Amend HB 126 by adding immediately before the first quoted paragraph of Section 1 and immediately after the word "following" the word "paragraph".

On the adoption of the amendment, the ayes were 36, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 35, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
HR 10. By Mr. Irvin of the llth: A resolution to compensate Ed Lonzo Smith; and for other purposes.

The Committee on Appropriations offered the following amendment:
The Committee on Appropriations moves to amend HR 10-13 to delete the figure $10,000 wherein same appears, and insert in lieu thereof the figure $4625.
Senator Ballew of the 50th offered the following amendment to the commit tee amendment:
Senator Ballew of the 50th moves to amend Committee amendment HR 10 as follows:
By striking therefrom wherever it appears the figure "$4,625.00" and inserting in lieu thereof the figure "$7,125.00".

On the adoption of the amendment to the committee amendment, the ayes were 31, nays 3, and the amendment to the committee amendment was adopted.

FRIDAY, FEBRUARY 18, 1966

1471

On the adoption of the committee amendment, as amended, the ayes were 29, nays 5, and the committee amendment was adopted as amended.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to as amended.

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Ballew Bateman Broun
Carter Dean Edenfield Eldridge Fincher of 54th Flowers Foster Gayner Gillis Gregory Hall

Hill
Holley Holloway Johnson of 42nd Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie

Noble Owens Padgett Pennington Rowan Smalley Spinks Thompson Tribble Ward
Webb Yancey Young

Voting in the negative was Senator Sanders.

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 43, nays 1.

The resolution, having received the requisite constitutional majority, was adopted, as amended.
Those voting in the affirmative were Senators:

HR 26. By Mr. Lovell of the 6th: A resolution compensating Mr. Willard York; and for other purposes.

1472

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Ballew Bateman Broun Carter Dean Edenfield Eldridge Pincher of 54th Flowers Foster Gayner Gillis Gregory Hall

Hill Holley Holloway Johnson of 42nd Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie

Noble Owens Padgett Pennington Rowan Smalley Spinks Thompson Tribble Ward Webb Yancey Young

Voting in the negative was Senator Sanders.

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 43, nays 1.

The resolution, having received the requisite constitutional majority, was adopted.

HR 96. By Mr. Reaves of the 99th: A resolution compensating J. A. Jarvis; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

FRIDAY, FEBRUARY 18, 1966

1473

Those voting in the affirmative were Senators:

Adams Ballew Bateman Broun Carter Dean Edenfield Eldridge Fincher of 54th Flowers Foster Gayner Gillis Gregory Hall

Hill Holley Holloway Johnson of 42nd Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie

Noble Owens Padgett Pennington Rowan Smalley Spinks Thompson Tribble Ward Webb Yancey Young

Voting in the negative was Senator Sander_s.

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 43, nays 1.

The resolution, having received the requisite constitutional majority, was adopted.
HR 171. By Messrs. Chandler and Harrington of the 47th: A resolution to compensate James L. Travis; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Ballew Bateman Broun Carter Dean

Edenfield Eldridge Fincher of 64th Flowers Foster Gayner

Gillis Gregory Hall Hill Holley Holloway

1474
Johnson of 42nd Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish

JOURNAL OF THE SENATE,

Moore McGill McKenzie Noble Owens Padgett Pennington Rowan Smalley

Spinks Thompson Tribble Ward
Webb Yancey Young

Voting in the negative was Senator Sanders.

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 43, nays 1.

The resolution, having received the requisite constitutional majority, was adopted.

HR 214. By Mr. Houston of the 84th:
A resolution compensating Mr. L. L. Rhoden, Jr.; and for other pur poses.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Ballew Bateman Broun Carter Dean Edenfield Eldridge Fincher of 54th
Flowers
Foster Gayner Gillis Gregory Hall

Hill
Holley Holloway Johnson of 42nd Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie

Noble Owens Padgett Pennington Rowan Smalley Spinks Thompson Tribble Ward Webb Yancey Young

FRIDAY, FEBRUARY 18, 1966

1475

Voting in the negative was Senator Sanders.

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 43, nays 1.

The resolution, having received the requisite constitutional majority, was adopted.
HR 56. By Mr. Carr of the 48th: A resolution to compensate the Washington County Sweet Potato Asso ciation; and for other purposes.

The Committee on Appropriations offered the following amendment:
The Appropriations Committee moves to amend HB 56 as follows:
By striking therefrom wherever the same shall appear the symbol and figures "$10,664.12" and substituting in lieu thereof "$9,468.30".

The amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

The resolution 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 Dean
Edenfield Eldridge Fincher of 54th Flowers Foster Gayner Gillis Gregory Hall

Hill Holley Holloway Johnson of 42nd Kidd Kendrick Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie

Noble Owens Padgett Pennington Rowan Smalley Spinks Thompson Tribble Ward Webb Yancey Young

1476

JOURNAL OF THE SENATE,

Voting in the negative was Senator Sanders.

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 43, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position and has appointed a Committee of Con ference and requests that a similar committee be appointed on the part of the Senate to the following bill of the Senate to-wit:
SB 19. 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" to provide for taxing on alcoholic beverages in municipalities; and for other purposes.

The House has passed by substitute the following bill of the Senate to-wit:

SB 159. By Senator Dean of the 6th:
A bill to declare that the practice of nudism or the participation in the practice of nudism in any manner whatsoever shall be against the public policy of the State of Georgia; to provide definitions of nudism; and for other purposes.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 78. By Senators Rowan of the 8th, and Jackson of the 16th:
A bill to provide for a pre-need funeral service contracts; to provide a declaration of policy; to provide for definitions; to provide for the administration and enforcement of this act by the Comptroller General; to provide for forms and regulations; to provide for certificates of authority; and for other purposes.

FRIDAY, FEBRUARY 18, 1966

1477

The House amendment was as follows:

Mr. Caldwell of the 51st moves to amend SB 78 as follows:

By striking from Section 4 the word "March" as it appears in two places in said Section and inserting in lieu thereof the word "July" in both of said places.
By striking from Section 5 the word "March" and inserting in lieu thereof the word "July" and by striking from said Section 5 the word "January" and inserting in lieu thereof the word "March".

By striking from Section 7 the following: "two dollars ($2.00)" and inserting in lieu thereof the following: "five dollars ($5.00)".

By striking from Section 15 the following:

"Further, it is the legislative intent that no persons offering, selling or negotiating for the sale of a pre-need funeral service contract shall be subject to all of the provisions of an act creating and establishing a State Board of Funeral Service, approved Febru ary 13, 1950 (Ga. Laws 1950, p. 238), as amended, regulating the ethics and conduct of funeral directors and funeral establishments in this State, including, but not limited to, the provisions in Sec tion 19 of said Act, which prohibits the solicitation of funeral services by any person."

and inserting in lieu thereof the following:

"Further, it is the legislative intent that persons offering, selling or negotiating for the sale of a pre-need funeral service contract shall be subject to all of the provisions of an Act creating and establishing a State Board of Funeral Service, approved Febru ary 13, 1950 (Ga. Laws 1950, p. 238), as amended, regulating the ethics and conduct of funeral directors and funeral establishments in this State, including, but not limited to, the provisions in Section 19 of said Act, which prohibits the solicitation of funeral services by any person."

By striking from Section 18 the following: "July 1, 1966" and inserting in lieu thereof the following: "July 1, 1967".

Senator Rowan of the 8th moved that the Senate agree to the House amend ment to SB 78.
On the motion, the ayes were 31, nays 0.

The motion prevailed, and the House amendment was agreed to.

1478

JOURNAL OF THE SENATE,

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 320. By Messrs. Carley, Palmer, Malone and Vaughn of the 117th, Harris, Levitas, Walling and Farrar of the 118th and others:
A bill to fix the salary of the judge of the juvenile court in certain counties; and for other purposes.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed as amended the following bill of the Senate to-wit:

SB 196. By Senator Minish of the 48th, Stovall of 17th, and others:
A bill to amend an act creating a new charter for the town of Maysville, as amended, so as to change the date of election for mayor and alder man; and for other purposes.

The House has passed by substitute to the following bill of the Senate to-wit:

SB 202. By Senator Minish of the 48th, and others:
A bill to abolish the present mode of compensating the sheriff of Jackson County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; and for other purposes.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position and respectfully requests that a Committee of Conference be appointed on the following Bill of House:

FRIDAY, FEBRUARY 18, 1966

1479

HB 320, By Messrs. Carley, Palmer, Malone and Vaughn of the 117th and others:
A bill to fix the salary of the judge of the juvenile court in certain counties; and for other purposes.

The Speaker has appointed on the part of the House the following members:

Messrs. Carley of the 117th, Bean of the 119th and Farrar of the 118th.

The following bill of the House was taken up for the purpose of considering House action thereto:
HB 320. By Messrs. Carley, Palmer, Malone and Vaughn of the 117th, Harris, Levitas, Walling and Farrar of the 118th and others: A bill to fix the salary of the judge of the juvenile court in certain counties; and for other purposes.

Senator Johnson of the 42nd 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 the following:

Senators Sanders of the 41st, Johnson of the 42nd and Miller of the 43rd.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

SB 202. By Senator Minish of the 48th and others:
A bill to abolish the present mode of compensating the sheriff of Jackson County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; and for other purposes.

The House substitute was as follows:

The Committee on Judiciary offered the following substitute:
A BILL
To be entitled an act to abolish the present mode of compensating the Sheriff of Jackson County, known as the fee system; to provide in

1480

JOURNAL OF THE SENATE,

lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide that fees, fines, forfeitures, costs, commissions, allowances and other funds and moneys which have accrued to the sheriff at the time this Act becomes effective which re mains uncollected shall be paid to the sheriff when collected; to provide for deputy sheriffs, a jailer and other personnel and for their com pensation; to provide that automobiles shall be furnished the sheriff and his deputies by Jackson County; to provide for the maintenance of such automobiles; to provide that Jackson County shall purchase the food consumed in the county jail; to provide for reasonable and neces sary travel expenses for the sheriff and his deputies; to provide for utilities; fuel and supplies for the county jail; to provide for the neces sary working tools to properly carry out the criminal investigation and for other equipment used by law enforcement officers; to provide for uniforms for the sheriff's deputies; to provide for the payment of official bonds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. The present mode of compensating the sheriff of Jackson County, known as the fee system, is hereby abolished, and in lieu there of, an annual salary for such officer is prescribed as hereinafter pro vided.
Section 2. The sheriff shall receive an annual salary of ten thou sand ($10,000.00) dollars, payable in equal monthly installments on the first Tuesday of each month from the funds of Jackson County.

Section 3. Prom and after the effective date of this Act, all fees, costs, percentages, forfeitures, penalties, allowances, turn key fees, and all other perquisites of whatever kind as are now or may hereafter be allowed by law to be received or collected as compensation for services by the said Sheriff of Jackson County, Georgia, shall be received and collected by him for the sole use of Jackson County, and shall be held by him in trust as public moneys belonging to Jackson County, and same shall be paid by him over to the fiscal authority of Jackson County by the 15th day of each month for the immediate preceding month, at which time a detailed itemized statement shall be made by said sheriff showing all collections of all fees, and the sources from which collected, and the fiscal authority of Jackson County shall give said sheriff a
receipt therefor, and said fiscal authority shall keep a separate account showing such collections and the sources from which they are paid.

Section 4. All fees, fines, forfeitures, costs, commissions, allow ances, penalties, funds, moneys or any other emoluments or perquisites which have accrued to the sheriff at the time this Act becomes effective and to which said officer is entitled and which remain uncollected at the time this Act becomes effective, shall when collected be paid to said officer.
Section 5. (a) The sheriff shall be allowed the sum of $18,000.00 per annum from the funds of Jackson County as compensation for a

FRIDAY, FEBRUARY 18, 1966

1481

chief deputy, and up to three day and night deputies, a clerk and a jailer all of whom shall be paid in equal monthly installments from the funds of Jackson County.
(b) It being the lawful duty of the sheriff to feed prisoners con fined under his jurisdiction, the sheriff shall be authorized to obtain a cook to be used at the jail from the penal work forces of this State. In the event said sheriff is unable to obtain a cook by the aforesaid method, the sheriff shall be authorized to employ a cook at a salary to be fixed by the sheriff not to exceed $2,400.00 per annum to be paid in equal monthly installments from the funds of Jackson County.

(c) It shall be within the sole power and authority of the sheriff to prescribe the compensation of the chief deputy, the three deputies, the clerk, the jailer and the cook, within the limitations herein provided.

Section 6. The county shall furnish the sheriff with three auto mobiles and equipment. The county shall be responsible for the costs of operating expenses, repairs, maintenance and replacement of such automobiles and equipment. The county shall make available the neces sary gasoline and oil for operating said automobiles but the sheriff shall be authorized to purchase the necessary gasoline and oil for said operation whenever it is not available through the county, and said purchases shall be paid for from the funds of Jackson County. The sheriff shall be responsible for the necessary repairs and maintenance of the three automobiles and equipment, but the cost of same shall be paid from the funds of Jackson County.

Section 7. The food to be consumed in the county jail of Jackson County shall, after the effective date of this Act, be purchased by the said sheriff of Jackson County and paid for by the governing authority of Jackson County. Said food shall be prepared under the direction of said sheriff.
Section 8. All reasonable and necessary travel expenses beyond the limits of Jackson County, Georgia, incurred by said sheriff and his deputies in the discharge of their official duties shall be supplied and paid for by the governing authority of said Jackson County.

Section 9. Said sheriff is authorized to purchase in the name of Jackson County, all utilities, fuel and supplies needed for said jail, and the fiscal authority of said county shall pay therefor as well as the cost of maintenance and repair of said jail.
Section 10. The said sheriff of Jackson County shall at all times have complete control over the activities of his deputies, and all of the employees herein provided for, and said sheriff shall have the exclusive right to hire and discharge said deputies and all other employees at any time he deems same is in the best interest of the county.
Section 11. The Sheriff of Jackson County shall have the author ity to purchase all reasonable and necessary working tools to properly carry out criminal investigation and other equipment used by law en forcement officers, said tools and eqiupment to be paid for by the gov erning authority of Jackson County.

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JOURNAL OF THE SENATE,

Section 12. The said fiscal authority of Jackson County shall not be allowed to compensate, out of the funds of Jackson County, any deputy sheriffs not herein provided for, but the Sheriff of Jackson County, Georgia, may appoint such additional deputy sheriffs as he may deem necessary, provided provisions are made by him for their compensation out of funds not belonging to Jackson County.

Section 13. The said sheriff shall have the authority to purchase necessary or reasonable uniforms for his deputies, and the cost of such uniforms shall be paid for from the funds of Jackson County.

Section 14. The official bonds of the said sheriff and all of his deputies, as may be required by law, shall be procured by said sheriff and his deputies, and the premiums and costs therefor shall be paid out of the funds of Jackson County.

Section 15. The provisions of this Act shall become effective on April 1, 1966.
Section 16. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Minish of the 48th moved that the Senate agree to the House substitute to SB 202.

On the motion, the ayes were 34, 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 a House amendment thereto:
SB 196. By Senator Minish of the 48th: A bill to amend an act creating a new charter for the Town of Maysville, as amended, so as to change the date of the election for mayor and aldermen; and for other purposes.
The House amendment was as follows:
The Committee on Local Affairs moved to amend SB 196 by changing the period after the word "election" in the 15th line of new section 5, page 2 to a "comma" and adding the following phrase "during the years 1966, and 1967."
Senator Minish of the 48th moved that the Senate agree to the House amend ment to SB 196.

FRIDAY, FEBRUARY 18, 1966

1483

On the motion, the ayes were 34, nays 0.

The motion prevailed, and the House amendment was agreed to.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted the reports of the Committees of Conference on the following bills of the Senate to-wit:

SB 88. By Senators Holley of the 22nd, Kidd of the 25th and Noble of the 19th and others:
A bill to provide for the incorporation of regulated certificated banks; and for other purposes.

SB 89. My Senator Holley of the 22nd:
A bill to amend Code Section 13-204 relating to private banks or private bankers, as amended; and for other purposes.

The House has passed by Substitute the following bill of the Senate to-wit:

SB 141. By Senators Rowan of the 8th and Carter of the 14th:
A bill to amend Code Section 68-201, as amended, so as to provide that said Section shall not apply to four wheel trailers with no springs; and for other purposes.

The House has passed by substitute the following resolution of the Senate to-wit:
SR 70. By Senators Smith of the 18th, Adams of the 26th, Carter of the 14th, and others:
A resolution authorizing and directing the Georgia Ports Authority to execute a local assurer agreement with the United States Corps of Engineers and the County of Chatham; and for other purposes.

The following bill of the Senate was taken up for the purpose of considering the report of a Committee of Conference thereto:

1484

JOURNAL OF THE SENATE,

SB 88. By Senators Holley of the 22nd, Kidd of the 25th, Noble of the 19th and others:
A bill to provide for the incorporation of regulated certificated banks; and for other purposes.

The report of the Committee of Conference was as follows:
Report of Committee of Conference on SB No. 88
Mr. President:
Mr. Speaker:
The Committee of Conference on SB No. 88 respectfully reports as follows:
(1) That the Senate and House recede from their positions relative to Section 14 and that Section 14 be stricken in its entirety and a new Section 14 be substituted in lieu thereof to read as follows:
"Section 14. Payment of Capital. All of the capital structure of every bank applying for a certificate shall be paid in, in cash, before such bank shall be authorized to commence business; pro vided, however, that any undivided profits and surplus which said bank shall have on hand on the date that its application for certifi cation shall be submitted under the terms of this Act shall be credited to make up the capital structure requirements of this Act."
(2) That the Senate and House recede from their positions relative to Section 17 (a) and that Section 17 (a) be stricken in its entirety and a new Section (a) be substituted in lieu thereof to read as follows:
"Section 17 (a). Deposit Insurance. Every regulated certifi cated bank incorporated under the provisions of this Act shall be required to obtain deposit insurance when, in the opinion of the Superintendent of Banks, any such bank shall become eligible and can qualify for deposit insurance. Such deposit insurance shall be written by an insurance company authorized to transact business in the State of Georgia or by the Federal Deposit Insurance Corpo ration. Deposit insurance shall be maintained on each deposit in the amount of the deposit on all deposits up to and including a $2000.00 deposit. Each deposit over $2000.00 shall be insured up to a minimum of $2000.00. Until such deposit insurance is obtained, such banks shall be required to post a sign in boldface print, in letters at least four inches (4") high, at a conspicuous place near the entrance of such bank, which states "Regulated Certificated Bank -- Deposits not Insured". After obtaining such deposit in surance, such banks shall be required to display a sign in boldface print, in letters at least four inches (4") high, at a conspicuous place near the entrance of such bank, which states "Regulated Certificated Bank--Deposits Insured Up To (Insert amount of deposit insurance)."

FRIDAY, FEBRUARY 18, 1966

1485

(3) That the Senate recede from its position relative to Section 22 (a).
(4) That the Senate and House recede from their positions relative to Section 48, and that the following he stricken from said section: "or Deposit Insurance, (a)"; and that subsection (b) of said section be stricken in its entirety.

(5) That the House recede from its position relative to Section 52.

This 18th day of February, 1966.

On Behalf of the Senate:

On Behalf of The House of Representatives:

/s/ R. Eugene Holley Senator, 22nd District

/s/ A. T. Land, Sr. Representative, 53rd District

/s/ Ben F. Johnson Senator, 42nd District

/s/ Jimmy D. NeSmith Representative, 43rd District

/s/ Stanley E. Smith, Jr. Senator, 18th iDstrict

/s/ D. W. (Bill) Knight, Jr. Representative, 60th District

Senator Smalley of the 28th moved that the Senate adopt the report of the Committee of Conference to SB 88.

On the motion, the ayes were 37, nays 0.

The motion prevailed, and the report of the Committee of Conference was adopted.

The following bill of the Senate was taken up for the purpose of considering the report of a Committee of Conference thereto:

SB 89. By Senator Holley of the 22nd:
A bill to amend Code section 13-204 relating to private banks or private bankers, as amended; and for other purposes.

The report of the Committee of Conference was as follows:
Report of Committee of Conference on SB 89
Mr. President:
Mr. Speaker: The Committee of Conference on SB 89 respectfully reports as
follows:

1486

JOURNAL OF THE SENATE,

That the House recede from its position relative to Section 2.

This 18th day of February, 1966.

On Behalf of the Senate:
/s/ R. Eugene Holley Senator, 22nd District
/s/ Ben F. Johnson Senator, 42nd District
/s/ Stanley E. Smith, Jr. Senator, 18th District

On Behalf of The House of Representatives:
/s/ A. T. Land, Sr. Representative, 53rd District
/s/ Jimmy D. NeSmith Representative, 43rd District
/s/ D. W. (Bill) Knight, Jr. Representative, 60th District

Senator Smalley of the 28th moved that the Senate adopt the report of the Committee of Conference to SB 89.

On the motion, the ayes were 38, nays 0.

The motion prevailed, and the report of the Committee of Conference was adopted.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position and has appointed a Committee of Con ference and requests that a similar committee be appointed on the part of the Senate to the following bill of the House to-wit:

SB 1. By Senator Webb of the llth:
A bill to provide that the holding, owning, having in possession of or paying the tax for a wagering occupational tax stamp or a coin operated gambling tax shall be prima facie evidence; and for other purposes.

The Speaker has appointed on the part of the House Messrs. Busbee of the 79th, Levitas of the 118th, Blair of the 68th:

The House insists on its position and has appointed a Committee of Con ference and requests that a similar committee be appointed on the part of the Senate to the following bill of the House to-wit:

FRIDAY, FEBRUARY 18, 1966

1487

SB 182. By Senators Plunkett of the 30th, Coggin of the 35th and Broun of the 46th:
A bill to provide for a method, in addition to existing methods, for the annexation of contiguous territory to incorporated municipalities upon the application of not less than 60% of the owners representing at least 60% of the land area included in such application; and for other purposes.

The Speaker has appointed on the part of the House Messrs. Lee of the 79th, Murphy of the 26th, and Wiggins of the 32nd.

The House has disagreed to the Senate amendment to the following bill of the House:
HB 134. By Messrs. Lane and Nessmith of the 64th, Parker of the 55th, and others: A bill relating to the office of solicitor-general emeritus, in computing the number of years of service required and for other purposes.

The following bill of the House was taken up for the purpose of considering House action thereto:
HB 134. By Messrs. Lane and Nessmith of the 64th, Parker of the 55th and others: A bill relating to the office of solicitor-general emeritus, in computing the number of years of service required; and for other purposes.

Senator Edenfield of the 4th moved that the Senate insist on its position on HB 134, and that a Committee of Conference be appointed:

The motion prevailed, and the president appointed as a Committee of Con ference on the part of the Senate the following:

Senators Gillis of the 20th, Ballew of the 50th and Edenfield of the 4th.

HB 32. By Mr. Jones of the 112th:
A bill to provide that every parent having in custody and control over a minor child or children under the age of 17 shall be liable for the wilful and wanton acts of said minor resulting in injury or damage to the person or property, or both, of another; and for other purposes.

1488

JOURNAL OF THE SENATE,

The Committee on Judiciary offered the following amendment:

The Senate Judiciary Committee moves to amend HB 32 as follows:

By inserting after the word "parent" as it appears in Section 1 the following:
"or other person in loco parentis".

By inserting after the word "parent" as it appears in Section 2 of said bill the words "or other person in loco parentis".

By conforming the caption of the bill accordingly.

On the adoption of the amendment, the ayes were 33, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 14. By Mr. Westlake of the 119th: A bill to amend an act relating to the examination of applicants for certain licenses issued by the insurance commissioner, so as to allow certain applicants who have completed certain examinations to receive such licenses without the necessity of taking certain written examina tions; and for other purposes.
The Committee on Banking and Finance offered the following amendment:
By adding at the end of Section 1 the following:
"and by adding at the end of subsection (2) of said section the following:
'Provided, however, that an applicant for a license to act as a counsellor who shall furnish to the satisfaction of the Commismissioner proof that he has successfully completed all of the ex aminations prescribed by the Society of Chartered Life Under writers of the American College of Life Underwriters leading to the degree of a Chartered Life Underwriter shall not be required to take the written examination provided for in this subsection prior to the issuance of such a license."

FRIDAY, FEBRUARY 18, 1966

1489

On the adoption of the amendment, the ayes were 31, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 31, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
HB 53. By Mr. Richardson of the 116th: 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.

The Committee on Judiciary offered the following amendment: Senator Yancey of the 33rd moves to amend HB 53 as follows: By striking in its entirety Section 2 and by renumbering Sections
3 and 4 as Sections 2 and 3.
On the adoption of the amendment, the ayes were 39, nays 1, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 39, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.
HB 77. By Messrs. Harris of the 118th, Smith of the 90th, Busbee of the 79th and Hale of the 1st:
A bill to amend Code section 92-1404, relating to the distribution ol funds to counties for the construction and maintenance of public roads, so as to provide for the submission of an annual audit from each county to the State Auditor; and for other purposes.

1490

JOURNAL OF THE SENATE,

The Committee on Rules offered the following amendment:

Amend HB 77 as follows:

By adding in the title before the words "to repeal conflicting laws" the words "to provide that the above procedure shall apply to any grants to counties under any provision of law from motor fuel tax funds; to provide for the transmission of a copy of this act to certain persons;".

By striking from Section 1 the following:

"Upon the passage of this act, a copy of this bill shall be mailed to every County Commission Chairman or Clerk of Com missioners in this State."
By adding at the end of the language quoted as subsection (G) in Section 1 of said bill the following:
"The above procedure shall apply to any grants to counties under any provision of law from motor fuel tax funds."

By adding a new section to be known as Section 2 to read as follows:

"Section 2. The Secretary of State is hereby directed to mail a copy of this act to the chairman and the clerk of the governing authority of each county in this State."

By renumbering the present Section 2 as Section 3.

On the adoption of the amendment, the ayes were 29, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:
SB 141. By Senators Rowan of the 8th and Carter of the 14th: A bill to amend Code section 68-201, as amended, so as to provide that said sections shall not apply to four wheel trailers with no springs; and for other purposes.

PEIDAY, FEBRUARY 18, 1966

1491

The House substitute was as follows:

A BILL

To be entitled an act to amend Code Section 68-201 of the Code of Georgia, as amended, and to amend an act approved December 24, 1937 (Ga. Laws 1937-38, Ex. Sess., p. 259), as amended, and codified as Section 92-2902 of the Code of Georgia, both of which relate to the registration and the licensing of motor vehicles, so as to provide that said Sections shall not apply to certain four wheel trailers with no springs; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Section 68-201 of the Code of Georgia, as amended, particularly by an act approved March 2, 1953 (Ga. Laws 1953, Jan.Feb. Sess., p. 392), by an act approved March 15, 1957 (Ga. Laws 1957, p. 590), and an act approved March 7, 1960 (Ga. Laws 1960, p. 777), is hereby amended by adding at the end thereof the following proviso:

"Provided further that the provisions of this Section shall not apply to any four wheel trailer that has no springs and is being employed in hauling unprocessed farm products to their first market destination."
Section 2. Said act is further amended by striking Section 5 of the act approved December 24, 1937 (Ga. Laws 1937-38, Ex. Sess., p. 259), as amended, and codified as Section 92-2902 of the Code of Georgia in its entirety and inserting in lieu thereof a new Section 5 to read as follows:
"(5) Private trailers. For each private trailer, except farm trailers, house trailers, auto trailers, boat trailers and four wheel trailers with no springs which are being employed in hauling un processed farm products to their first market destination, the an nual license fee shall be $10."

Section 3. Said act is further amended by adding after Section 6 and before Section 7 of the act approved December 24, 1937 (Ga. Laws 1937-38, Ex. Sess., p. 259), as amended, and codified as Section 92-2902 of the Code of Georgia a new Section to be designated Section 6A to read as follows:
"Section 6A. Four wheel trailers with no springs. There shall be no fee for four wheel trailers with no springs which are being employed in hauling unprocessed farm products to their first market destination."
Section 4. All laws and parts of laws in conflict with this act are hereby repealed.

Senator Carter of the 14th moved that the Senate agree to the House sub stitute to SB 141.

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JOURNAL OF THE SENATE,

On the motion, the ayes were 37, nays 0.

The motion prevailed, and the House substitute was agreed to.

HB 106. By Mr. Egan of the 141st:
A bill to amend Code section 113-602, relating to the probate of a will in solemn form, as amended, so as to provide that the probate of the will in solemn form shall be conclusive as to heirs at law not effectively notified; and for other purposes.

Senator Coggin of the 35th offered the following substitute:
A BILL
To be entitled an act to amend Code Section 113-602, relating to the probate of a will in solemn form, as amended, so as to provide that the probate of a will in solemn form shall be conclusive as to heirs at law not effectively notified; to amend Code Section 113-607, relating to the notice of motion to probate a will in solemn form, so as to pro vide that a minor eighteen years of age or over may acknowledge service; to provide that a minor eighteen years of age or over, tempo rarily residing outside of the state, may be served by publication; 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. Code Section 113-602, relating to the probate of a will in solemn form, as amended, is hereby amended by inserting at the end of the second sentence after the word "executor" the following, "pro vided, however, as to heirs at law not effectively notified, probate in solemn form shall be conclusive as if probate had been in common form.", so that when so amended, Code Section 113-602 shall read as follows:
"113-602. Probate by the witnesses, or probate in solemn form is the proving of the will, after due notice to all the heirs at law, by all witnesses in life and within the jurisdiction of the court, or by proof of their signatures and that of the testator, if the witnesses are dead, blind, incompetent or inaccessible, and the ordering to record of the will so proved. Such probate is conclusive upon all the parties notified, and all devisees and legatees under the will who are represented in the executor, provided, however, as to heirs at law not effectively notified, probate in solemn form shall be conclusive as if probate had been in common form. The petition to probate a will in solemn form shall be verified by the oath of the applicant, and shall set forth the full name, place of domicile, the legal residence, the date of the death of the testator, the post office address of the petitioner, and the names, ages and addresses of the surviving spouse and of all the heirs at law, stating their relationship to the testator, and in the event full particulars are lacking, the petition shall state the reasons for any such omission.

FRIDAY, FEBRUARY 18, 1966

1493

Every such petition shall conclude with a prayer for the issuance of letters testamentary, and if all of the heirs at law are sui juris and shall acknowledge service of the petition and notice, and shall in such acknowledgement assent thereto, the will may be admitted to record on proper proof, and letters may thereupon issue without further delay whether in term or vacation."

Section 2. Code Section 113-607, relating to the notice of motion to probate a will in solemn form, is hereby amended by adding at the end thereof a new Subsection (g) to read as follows:

"(g). Minors eighteen years of age or over may acknowledge service. If service is not acknowledged by such a minor and he temporarily resides outside of this state, he may be served by pub lication, in accordance with the provisions of Subsection (a) of this Section."
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 37, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted the report of the conference Committee on the fol lowing bill of the Senate:

SB 1. By Senator Webb of the llth:
A bill to provide that the holding of a gambling stamp is prima facie evidence of having broken the laws of this State prohibiting gambling, and for other purposes.

1494

JOURNAL OP THE SENATE,

The House has passed by substitute as amended by the requisite two-thirds constitutional majority the following resolution of the Senate:

SR 38. By Senators Webb of the llth, and Jackson of the 16th:
A resolution proposing an amendment to the Constitution so as to authorize the establishment of area school systems and area schools, by county and independent boards of education; and for other purposes.

The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:

HB 244. By Mr. Hull of the 104th:
A bill to amend the Appellate Procedure Act of 1965, so as to redefine the rules relating to the necessity of filing motions for new trial and judgment notwithstanding the verdict; and for other purposes.

The House has adopted the Conference Committee report on the following bill of the Senate:

SB 25. By Senators Broun of the 46th, Kilpatrick of the 44th, Hill of the 29th and others:
A bill to provide for the submission of certain information to the De partment of Public Safety, Bureau of Investigation; to provide what persons shall be required to furnish such information, and for other purposes.

The following resolution was taken up for the purpose of considering a House substitute thereto:

SR 38. By Senators Webb of the llth and Jackson of the 16th:
A resolution proposing an amendment to the Constitution so as to authorize the establishment of area school systems and area schools, including such special schools as vocational trade schools, schools for exceptional children, and schools for adult education, by county and independent boards of education; and for other purposes.

The House substitute was as follows:

SR 38. By Senator Webb of the llth:
A RESOLUTION
Proposing an amendment to the Constitution of Georgia, so as to authorize the General Assembly to provide for consolidation or merger

FRIDAY, FEBRUARY 18, 1966

1495

of county school districts and independent school systems into area school districts by local referendum; to provide for establishment of area boards of education, area school superintendents, organization, management and support of area school districts, and for changes there in by local referendum; to authorize boards of education of county, independent and area school districts to enter into contracts respecting certain matters, and to expend school tax funds for public education purposes; to authorize establishment of area schools, including special schools by local law and by local referendum, and to provide for organ ization, management and support of same and preservation of existing special schools heretofore established; to provide for submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII of the Constitution of Georgia is hereby amended by striking Section IX in its entirety and substituting in lieu thereof a new Section IX to read as follows:

"SECTION IX.

"Paragraph I. Area School Districts; Area Boards of Educa tion; Area School Superintendents.--The boards of education of any two or more counties, or independent school systems, or any com bination thereof, may, by special or local law, provide for con solidation and merger of any two or more county school districts, independent school systems, or any portion or combination thereof, into a single area school district under the control and management of an area board of education. No such consolidation or merger shall become effective until approved by a majority of the voters voting in each of the school districts or school systems affected in a referendum held thereon in each school district or school system being consolidated or merged, provided 51% of the registered voters in each district or system concerned shall vote in such election and provided a majority of said voters voting shall vote in the affirma tive. Any area school district so established shall constitute a separate political subdivision of this State, and the school districts or school systems or portions thereof incorporated therein shall stand abolished, and title to all school properties and assets therein shall vest in the area board of education. The number of members of an area board of education, their manner of election or appoint ment, their terms, residence requirements, qualifications, powers, duties and the method for filling vacanies on said boards shall be as provided by law. There shall be an area school superintendent in each area school district, who shall be the executive officer of the area board of education. The manner of his election or appoint ment, and his qualifications, term of office, residence requirements, powers, duties and compensation shall be as provided by law. Sub sequent to the creation of an area school district, the number and the manner of election or appointment of members of the area board of education and method for filling vacancies occurring on said boards, and their terms of office and residence requirements, and the manner of election or appointment of the area school super intendent, and his tenure, and residence requirements, may be

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JOURNAL OP THE SENATE,

changed by local or special law, conditioned upon approval by a majority of the qualified voters in each of the original political subdivisions of the area school district voting in a referendum there on. Members of area boards of education and area school super intendents shall have such powers, duties and further qualifica tions as provided by law."
"Paragraph II. Power of Boards to Contract With Each Other.--Any two or more county boards of education, independent school systems, or area boards of education, or any combination thereof, may contract with each other for the care, education and transportation of pupils and for such other activities as they may be authorized by law to perform."

Section 2. Article VIII of the Constitution of Georgia is hereby amended by striking Section XII in its entirety and substituting in lieu thereof a new Section XII to read as follows:

"SECTION XII.

"Paragraph I. Local Taxation for Education.--The fiscal au thority of each county shall annually levy a school tax for the support and maintenance of education, not greater than twenty mills per dollar as certified to it by the county board of education, upon the assessed value of all taxable property within the county located outside any independent school system or area school district there in. The independent school system of Chatham County and the City of Savannah being co-extensive with said county, the levy of said tax shall be on all property in said county as recommended by the governing body of said system. The certification to be made by an Area Board of Education to the fiscal authorities of the territories comprising an area school district shall be in such amount and within such limits as may be prescribed by local law applicable thereto, and upon such certification being made it shall be the duty of such fiscal authorities to levy such tax in accordance with such certification, but such levy shall not be greater than twenty mills per dollar upon the assessed value of the taxable property therein. School tax funds shall be expended only for the support and main tenance of public schools, public education, and activities necessary or incidental thereto, including school lunch purposes.
"Paragraph II. Increasing or Removing Tax Rate.--The twen ty mill limitation provided in Paragraph I above may be removed or increased in a county and in territories comprising an area school district under the procedure set out hereinafter. The county or area board of education, in order to instigate the procedure, must pass a resolution recommending that the limitation be removed and upon presentation of such resolution to the ordinary or to the proper authorities of territories comprising an area school district, as the case may be, it shall be their duty, within ten days of receipt of the resolution, to issue the call of an election to determine whether such limitation shall be removed. The election shall be set to be held on a date not less than twenty nor more than thirty days from the date of the issuance of the call and shall have the date and purpose of the election published in the official organ of the

FRIDAY, FEBRUARY 18, 1966

1497

county once a week for two weeks preceding the date of the election. If a majority of the electors qualified to vote for members of the General Assembly voting in such election vote in favor of such pro posal, there shall be no limitation in such county or in such terri tories comprising an area school district and the county or area hoard of education may recommend any number of mills for the purposes set out in Paragraph I above. In lieu of recommending that the limitation be removed entirely, the county or area board of education may recommend that it be increased and shall specify the amount in the resolution. The election provisions for increase shall be the same as for removal and if the proposal is favorably voted upon the county or area board may recommend up to the specified amount. It shall be the duty of the ordinary or the proper authorities, as the case may be, to hold the election, to canvass the returns and declare the results. It shall also he their duty to certify the results to the Secretary of State. The expense of the election shall be borne by the county or by the territories comprising an area school district, as the case may be."

Section 3. Article VII, Section VI, Paragraph I of the Constitution of Georgia is hereby amended by striking in its entirety Subparagraph (d) and inserting in lieu thereof a new Subparagraph (d) to read as follows:
"Subparagraph (d). Special Schools; Creation; Taxes and Bonds.--The board of education of any county, area school district or independent school system, or any combination thereof, may es tablish, pursuant to local law enacted by the General Assembly, one or more area schools, including special schools such as voca tional trade schools, schools for exceptional children, and schools for adult education, in one or more of such political subdivisions; provided, however, that the establishment and operation of such schools pursuant to such local law, and any subsequent amendments thereof, shall be first approved by a majority of the voters voting thereon in each of the school districts or systems affected thereby in separate referendums held in the manner provided by law. The government, powers and duties of boards of education participating in the establishment or operation of such schools and respecting such schools shall be defined in the local law authorizing the same, and such participating political subdivisions shall be authorized to incur bonded indebtedness to require the levy of school tax funds required for the establishment and operation of such schools in such amount and manner as shall be provided in such local law. Schools established pursuant to provisions of this Section shall be operated in conformance with regulations promulgated by the State Board of Education pursuant to provisions of law. The State is hereby authorized to expend funds for the support and maintenance of such schools in such amount and manner as may be provided by law. Special schools, including vocational trade schools, established prior to the adoption of this amendment under former Suparagraph (d) of Article VII, Section VI, Paragraph I of the Constitution shall not be affected bv this amendment, any political subdivision which established such a school is hereby authorized to levy taxes for the support of such school regardless of whether it is located within the territorial limits of such subdivision and any such politi-

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JOURNAL OF THE SENATE,

cal subdivision is hereby authorized to incur bonded indebtedness for the support of, or acquisition and construction of facilities for such school. Any such bonded indebtedness shall be incurred pur suant to provisions of Article VII, Section VII of this Constitution and the laws of this State relative to incurring other bonded in debtedness. The State is hereby authorized to expend funds for the support of such established schools in such amount and manner as may be provided by law."

Section 4. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to authorize establishment of area schools and area school dis tricts by local referendum including special schools
NO ( ) such as vocational trade schools, schools for excep tional children, and schools for adult education, and for their organization, management, financing; and to authorize contracts between boards of education and expenditure of school tax funds for public educa tion purposes; and to preserve special schools here tofore established?"

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 Assmbly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

Senator Webb of the llth moved that the Senate agree to the House sub stitute to SR 38.

On the motion, the ayes were 31, 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 the report of a Committee of Conference thereto:

FRIDAY, FEBRUARY 18, 1966

1499

SB 1. By Senator Webb of the llth:
A bill to provide that the holding of a gambling stamp is prima facie evidence of having broken the laws of this State prohibiting gambling; and for other purposes.

The report of the Committee of Conference was as follows:

The Conference Committee on Senate Bill No. 1 recommends that

the Senate and the House of Representatives both recede from their posi

tions and that the attached substitute bill to Senate Bill No. 1 be

adopted.

Respectfully submitted,

For the House of

For the Senate:

Representatives:

/s/ Elliott H. Levitas

/s/ Ben F. Johnson

Representative, 118th District

Senator, 42nd District

/s/ George D. Busbee

/s/ Julian Webb

Representative, 79th District

Senator, llth District

/s/ William E. Blair

/s/ Kyle Yancey

Representative, 68th District

Senator, 33rd District

A BILL

To be entitled an act to provide for more effective enforcement of the gambling and lottery laws of this State by providing that the hold ing, owning, having in possession of or paying the tax for a wagering occupational tax stamp, as provided in 26 U.S. Code, Section 4411, issued by the Internal Revenue Authorities of the United States shall be held in all the courts of this State as prima facie evidence of guilt of the person holding such stamp in a prosecution of such person for violation of the gambling or lottery laws of this State; to provide that the holding, owning, having in possession of a stamp or other evidence of paying or paying the tax on coin-operated gaming devices as pro vided in 26 U. S. Code 4461 for devices defined by 26 U. S. Code Section 4462 (a) (2) shall be prima facie evidence of guilt of such person for violation of the lottery laws of this State; to provide for a report by the Revenue Commissioner of this State to various law enforcement agencies of this State of persons paying the taxes on coin-operated gambling devices as provided in 26 U. S. Code 4461; to provide an effec tive date; to repeal conflicting laws; to provide severability; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The holding, owning, having in possession of or paying the tax for a wagering occupational tax stamp, as provided in 26 U. S. Code Section 4411, issued by the Internal Revenue authorities of the United States after July 1, 1966, shall be held in all courts of this State as prima facie evidence of guilt of the person paying the tax or holding, owning or possessing such stamp in any prosecution of such person for

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JOURNAL OF THE SENATE,

violation of the gambling or lottery laws of this State, as the same appear in Section 26-6401 through 26-6409, (inclusive) Georgia Code of 1933, and an Act relating to the gambling on athletic contests, ap proved March 27, 1947 (Ga. Laws 1947, p. 1139), and the lottery laws of this State as the same appear in Section 26-6501 through 26-6503, (inclusive) of the Georgia Code of 1933. This section shall apply only with respect to alleged violations of such laws occurring after July 1, 1966.

Section 2. The payment of tax on coin-operated gaming devices, as provided in 26 U.S. Code Section 4461 for devices defined by 26 U.S. Code Section 4462 (a) (2), or the holding, owning or possessing of any stamp, receipt or other evidence of the payment of such tax issued by Internal Revenue Authorities of the United States after July 1, 1966, shall be held in all courts of this State as prima facie evidence of guilt of the person paying such tax or holding, owning or possessing such stamp or other evidence of payment of such tax in any prosecution of such person for violation of the lottery laws of this State as the same appear in Section 26-6501 through 26-6503, (inclusive) of the Georgia Code of 1933. This section shall apply only with respect to alleged vio lations of such laws occurring after July 1, 1966.

Section 3. The Commissioner of Revenue for the State of Georgia shall annually, not later than August 15th of each year, ascertain what person or persons have been issued, or hold, own, possess, or are pay ing the taxes on a coin-operated gambling device or devices, as pro vided in 26 U.S. Code 4461, issued by the Internal Revenue authorities of the United States, and said Commissioner of Revenue shall report this fact or facts in writing to all law enforcement agencies seated in the county of the residence of such person holding, owning, having in possess of, or paying the aforesaid taxes.
Section 4. The provisions of this act shall become effective on July 1, 1966.
Section 5. If any clause, sentence, section or other part of this act shall be held unconstitutional, or invalid, the same shall not have the effect of invalidating any other part thereof.
Section 6. All laws and parts of laws in conflict with this act are hereby repealed.

Senator Webb of the llth moved that the Senate adopt the report of the Committee of Conference to SB 1.

On the motion, the ayes were 38, nays 0.

The motion prevailed, and the report of the Committee of Conference was adopted.

FRIDAY, FEBRUARY 18, 1966

1501

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

SB 159. By Senator Dean of the 6th:
A bill to declare that the practice of nudism or the participation in the practice of nudism in any manner whatsoever shall be against the public policy of the State of Georgia; to provide definitions of nudism; and for other purposes.

The House substitute was as follows:
A BILL TO BE ENTITLED
An act to declare that the practice of nudism or the participation in the practice of nudism in any manner whatsoever shall be against the public policy of the State of Georgia; to provide definitions of nudism; to provide that it shall be unlawful for any person to engage in the practice of nudism or to participate in the practice of nudism in any manner whatsoever; to provide a penalty; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section I. The practice of nudism as defined in this Act or the participation in the practice of nudism in any manner whatsoever is hereby declared against the public policy of the State of Georgia.
Section 2. (a) For the purposes of this Act, the word "nudism" shall mean any cult or practice of persons living unclothed for the reason of health or for any other reasons whatsoever.
(b) For the purposes of this Act, the word "nudism" shall also mean the practice of any act or acts wherein the external genital organs or anus of a male are constantly and completely exposed to any two or more female persons over the age of 16 other than the immediate family of such male.
(c) For the purpose's of this Act, the word "nudism" shall also mean the practice of any act or acts wherein the external genital organs, anus or breast of a female are constantly and completely exposed to any two or more male persons over the age of 16 other than the immediate family of such female.
Section 3. It shall be unlawful for any person to engage in the practice of nudism as defined in this Act or to practicipate in the practice of nudism as defined in this Act in any manner whatsoever, and upon conviction thereof shall be guilty of a misdemeanor and shall be punished as provided by law.

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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 remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Webb of the llth moved that the Senate agree to the House substitute to SB 159.

On the motion to agree, the ayes were 23, nays 11, and the motion was lost.

Senator Dean of the 6th gave notice that at the proper time he would move that the Senate reconsider its action on SB 159.

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House insists on its position and respectfully requests that a Committee of Conference be appointed on the following Bill of the House:

HB 95. By Mr. Carnes of the 129th:
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, so as to change the provisions relative to the pay ment of premiums: and for other purposes.

The Speaker has appointed on the part of the House the following members:

Messrs. Etheridge of the 123rd, Egan of the 141st and Townsend of the 140th.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 95. By Mr. Carnes of the 129th: A bill to amend an act authorizing the Commissioners of Roads and Revenues of Fulton County to provide group insurance for all regular

FRIDAY, FEBRUARY 18, 1966

1503

county employees, so as to change the provisions relative to the payment of premiums; and for other purposes.

Senator Thompson of the 34th moved that the Senate insist on its position on HB 95, 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 Conference the following:
Senators Thompson of the 34th, Coffin of the 35th and Johnson of the 38th.
The following bill of the Senate was taken up for the purpose of considering the report of a Committee of Conference thereto:

SB 182. By Senators Plunkett of the 30th, Coggin of the 35th and Broun of the 46th: A bill to provide for a method, in addition to existing methods, for the annexation of contiguous territory to incorporated municipalities upon the application of not less than 60% of the owners representing at least 60% of the land area included in such application; and for other purposes.
The report of the Committee of Conference was as follows:
Mr. President:
Mr. Speaker:
The Conference Committee on SB 182 has met and recommends the adoption of the following report:
1. That the Senate recede from its position on all amendments:
2. that the House recede from its position on amendment No. 6 by Mr. Paris of the 23rd District; and
3. that the attached new Section be adopted and appropriately numbered.
Respectfully submitted,
LAMAR R. PLUNKETT Senator, 30th District

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STANLEY E. SMITH, JR. Senator, 18th District
PRANK E. COGGIN Senator, 35th District
WILLIAM S. LEE Representative, 79th District
THOMAS B. MURPHY Representative, 26th District
WILLIAM J. WIGGINS Representative, 32nd District

Section-.-.-.-. Within thirty (30) days of the effective date of the ordinance annexing such land to the municipality, any resident elector of the area so annexed or of the municipality, or any property owner of such area or of the municipality, may bring a petition for declaratory judgment in the superior court of the county of the legal situs of the annexing municipality to determine the validity, in accordance with this Act, of the application and the municipality's action thereon. Whenever such a petition is filed the municipal governing body shall file with the court the record of their official actions in regard to such application and a certified copy of the annexing ordinance.

The judgment of the court on any such petition may declare the annexation ordinance null and void upon a finding that the application, and the municipality's action thereon, are not in substantial compliance with this Act. Upon a finding that procedural defects or defects in the plan for service to the annexed area exist, the court shall, where possible, frame a judgment to perfect such defect and uphold the ordinance.
Actions provided for in this section shall be in accordance with the Declaratory Judgment Act, and any aggrieved party may obtain a review of a final judgment under this section as by laws in other cases provided.

Senator Smith of the 18th moved that the Senate adopt the report of the Committee of Conference to SB 182.

On the motion, the ayes were 29, nays 1.

The motion prevailed, and the report of the Committee of Conference was adopted.

Senator Padgett of the 23rd asked unanimous consent that he be recorded as voting no.

The consent was granted.

FRIDAY, FEBRUARY 18, 1966

1505

The following message was received from the House through Mr. Ellard the Clerk thereof:

Mr. President:

The House insists on its position and has appointed a Committee of Conference and requests that a similar committee be appointed on the part of the Senate to the following resolution of the Senate to-wit:

SR 70. By Senators Smith of the 18th, Adams of the 26th, Carter of the 14th, and others:
A resolution authorizing and directing the Georgia Ports Authority to execute a local assurer agreement with the United States Corps of Engineers and the County of Chatham; and for other purposes.

The House has passed by substitute the following bill of the Senate:

SB 56. By Senators Broun of the 46th, and Plunkett of the 30th: A bill amending Code Chapter 32-6 relating to the State Superintendent of Schools and for other purposes.
The following resolution of the Senate was taken up for the purpose of considering House action thereto:
SR 70. By Senators Smith of the 18th, Adams of the 26th, Carter of the 14th and others: A resolution authorizing and directing the Georgia Ports Authority to execute a local assurer agreement with the United States Corps of Engineers and the County of Chatham; and for other purposes.

Senator Smith of the 18th 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 the following:

Senators Smith of the 18th, Adams of the 26th and Searcey of the 2nd.

HB 197. By Mr. Hale of the 1st:
A bill to amend the Uniform Act Regulating Traffic on Highways, so as to re-define certain words and phrases; to provide that official traffic control devices are presumed to have been installed by lawful authority;, to provide for lane control devices; and for other purposes.

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Senator Holloway of the 12th offered the following amendment:

Senator Holloway, of the 12th Senatorial District, moves to amend HB 197 by striking Section 2, Subsection (a) thereof so that Section 2 of said bill, as amended, shall provide:

"Section 2. Article 1, Section 21, Paragraph (b) of said Uni form Act Regulating Traffic on Highways is hereby repealed in its entirety, and in lieu thereof is substituted a new Paragraph (b) as follows:

"(b) Yield Right of Way. When required means that the vehicle confronted with a 'Yield' sign gives the right of way to all other vehicles approaching the intersection in the other travel lanes, but when no other vehicle is approaching may continue on into the intersection."

On the adoption of the amendment, the ayes were 28, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, the ayes were 32, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 219. By Mr. Steis of the 100th:
A bill to amend Code section 84-409, relating to the qualifications and requirements prescribed prior to issuing a master barber's certificate of registration, so as to change the qualifications and requirements an applicant must meet prior to receiving a master barber's certificate of regisration; and for other purposes.

Senator Kendrick of the 32nd offered the following amendment:
Senator Kendrick of 32nd moves to amend HB 219 as follows:
By inserting in the title between the word "requirements" and the word "to" the following:
"to provide that residence requirements shall not apply to a student attending a barber school or college in this State"

FRIDAY, FEBRUARY 18, 1966

1507

By inserting in the first sentence of the language quoted as 84-409 in Section 1 of said bill between the word "character" and the word "is" the following:
"has been a resident of the State of Georgia for at least 6 months,"
By adding at the end of the language quoted as 84-409 in Section

1 of said bill the following:
"Notwithstanding any other provisions of this chapter, resi dence requirements shall not apply to a student attending a barber school or college in this State."

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 32, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
HB 220. By Air. Palmer of the 117th:
A bill to amend Code Chapter 88-19, constituting a part of the Georgia Health Code, relating to regulations of hospitals and related institutions, so as to provide that any person, hospital or other organization may provide information or other data relating to the condition and treat ment of any person to research groups; and for other purposes.
The Committee on Health and Welfare offered the following substitute:
A BILL
To be entitled an act to amend Code Chapter 88-19, constituting a part of the Georgia Health Code, relating to regulations of hospitals and related institutions, so as to provide that any hospital, sanitorium, medical or skilled nursing home or other organization rendering patient care may provide information, interviews, reports, statements, memo randa, or other data relating to the condition and treatment of any person to research groups approved by the medical staff of the institu tion involved, governmental health agencies, organized medical associa tions and societies, and in-hospital staff committees in the course of a medical study for the purpose of reducing morbidity or mortality; to provide that such information and material so furnished may be used only for the purpose of advancing medical research and medical educa-

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JOURNAL OF THE SENATE,

tion; to provide for general publication of a summary of said studies; to provide an exemption from liability for those furnishing such infor mation and for those studying and publishing the results and summaries of such studies; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 88-19, constituting a part of the Georgia Health Code, relating to regulations of hospitals and related institutions, is hereby amended by adding after Code Section 88-1907 a new Code Section to be known as Code Section 88-1908, to read as follows:

"88-1908. Any hospital, sanitorium, medical or skilled nursing home or other organization rendering patient care may provide information, interviews, reports, statements, memoranda, or other data relating to the condition and treatment of any person to re search groups approved by the medical staff of the institution in volved, governmental health agencies, medical associations and societies, and any in-hospital medical staff committee, to be used in the course of any study for the purpose of reducing morbidity or mortality, and no liability of any kind or character for damages or other relief shall arise or be enforced against any person or organization by reason of having provided such information or material, or by reason of having released or published the findings and conclusions of such groups to advance medical research, medical education or to achieve the most effective use of health manpower and facilities, or by reason of having released or published generally a summary of such studies."

Section 2. Said Code Chapter is further amended by adding after Code Section 88-1908 a new code section to be known as Code Section 88-1909, to read as follows:
"88-1909. The research groups approved by the medical staff of the institution involved, governmental health agencies, organized medical associations and societies or any in-hospital medical staff committee shall use or publish said material only for the purpose of advancing medical research, medical education or to achieve the most effective use of health manpower and facilities, in the inter est of reducing morbidity or mortality, except that a summary of such studies may be released by any such group for general pub lication."

Section 3. Said Code Chapter is further amended by adding after Code Section 88-1909 a new code section to be known as Code Section 88-1910, to read as follows:

"88-1910. In all events the identity of any person whose con dition or treatment has been studied, as provided in Section 881908, shall be confidential and shall not be revealed under any circumstances."
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

FRIDAY, FEBRUARY 18, 1966

1509

On the adoption of the substitute, the ayes were 35, nays 1, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the ayes were 35, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.
HB 244. By Mr. Hull of the 104th: A bill to amend the Appellate Procedure Act of 1965, so as to redefine the rules relating to the necessity of filing motions for new trial and judgment notwithstanding the verdict; and for other purposes.

The Committee on Judiciary offered the following amendment:
Amend HB 244, as amended, as follows:
(1) By striking from Section 5 of HB 244, the revised "Section 12(a)," and by substituting in lieu thereof the following:
"Section 12(a). Within five (5) days after the date of filing of the Transcript of Evidence and Proceedings by the appellant or appellee, as the case may be, it shall be the duty of the Clerk of the trial court to prepare a complete copy of the entire record of the case, omitting only those things designated for omission by the appellant and which were not designated for inclusion by the appellee, together with a copy of the notice of appeal and copy of any notice of cross appeal, with date of filing thereon, and transmit the same, together with the transcript of evidence and proceedings, to the appellate court together with his certificate as to the cor rectness of the record. Where no transcript of evidence and proceed ings is to be sent up, the Clerk shall prepare and transmit the record within twenty (20) days after the date of filing of the notice of appeal. If for any reason the Clerk is unable to transmit the record and transcript within the time hereinbefore required, or when an extension of time was obtained under Section 6 hereof, he shall state in his certificate the cause of the delay, and the appeal shall not be dismissed. The Clerk need not recopy the transcript of evidence and proceedings to be sent up on appeal, but shall send up the reporter's original and retain the copy, as referred to in Section 10 hereof, and it shall not be necessary that the transcript be renumbered as a part of the record on appeal. The Clerk shall retain an exact duplicate copy of all records and the transcript sent up, with the same pagination, in his office as a permanent record."

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(2) By striking Section 3 of HB 244, and substituting in lieu there of the following:
"Section 3
Said Act is further amended by striking Section 5 thereof, relating to the time for filing notice of appeal and cross appeal, and substituting in lieu thereof the following:

'Section 5. A notice of appeal shall be filed within thirty (30) days after entry of the appealable decision or judgment complained of (except as provided in Code Section 27-1201, relating to change of venue in criminal cases), but when a motion for new trial, or a motion in arrest of judgment, or a motion for judgment notwith
standing the verdict has been filed, the notice shall be filed within thirty (30) days after the entry of the order granting, overruling, or otherwise finally disposing of the motion. In civil cases, the ap pellee may institute cross appeal by filing notice thereof within
fifteen (15) days from service of the notice of appeal by appellant, and the appellee may present for adjudication on the cross appeal all errors or rulings adversely affecting him, and in no case shall the appellee be required to institute an independent appeal on his own right, although the appellee may at his option file an indepen dent appeal. The notice of cross appeal shall set forth the title and docket number of the case, the name of appellee and the name and address of his attorney, a designation of any portions of the record or transcript designated for omission by appellant and which the appellee desires included, and shall state that the appellee takes a cross appeal. In all cases where the notice of appeal did not specify that a transcript of evidence and proceedings was to be transmitted as a part of the record on appeal, the notice of cross appeal shall state whether such transcript is to be filed for inclusion in the record on appeal. A copy of the notice of cross appeal shall be served on other parties of record in the manner hereinafter prescribed.' "

(3) By adding immediately following Section 8, a new Section, to be known as Section 8A, as follows:

"Section 8A
Said act is further amended by adding t6 Section 20 thereof, relat ing to suggested forms, immediately prior to the line at the con clusion of the form for notice of cross appeal (paragraph c) which reads:
'Dated:................... ......... ..... 19......' the following:
'Transcript of evidence and proceedings (will be filed) (will not be filed) (has already been designated to be filed by appellant) for inclusion in the record on appeal.' "
(4) By adding to the caption of HB 244, immediately prior to the clause "To repeal conflicting laws," the following:

FRIDAY, FEBRUARY 18, 1966

1511

"To amend Sections 5 and 20 (c) relating to the notice of cross appeal, so as to redefine the content thereof;"

(5) By striking from Section 7, the first three lines, and substituting in lieu thereof the following:

"Said Act is further amended by striking Section 18 (a), relat ing to service, and substituting in lieu thereof the following:

On the adoption of the amendment, the ayes were 32, nays 2, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 30, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 105. By Mrs. Hamilton of the 137th, Messrs. Gates of the 123rd and Adams of the 125th: A bill to authorize the State Highway Department of Georgia to pay, as a part of the cost of construction of a project on any of the Federalaid highway systems, relocation expenses to eligible persons and busi nesses for the reasonable and necessary moving expenses caused by their displacement from real property acquired for such project; and for other purposes.
Senator Adams of the 26th offered the following amendment:
Amend Section 4 of the Committee Substitute for House Bill 105 by changing the period at the end of the second sentence to a semicolon and adding the following:
"Provided, however, nothing herein shall be construed to restrict the compensation payable to utilities for the relocation of their facilities."

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.

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On the passage of the bill, the ayes were 29, nays 12.

The bill, having received the requisite constitutional majority, was passed as amended.
HR 282. By Mr. Jones of the 112th:
A RESOLUTION
Proposing an amendment to subparagraph I of Paragraph II, Article VII, of the Constitution of Georgia, relating to the financing, taxation, and public debt of the State, so as to authorize any agency, board, depart ment or other unit of the State government which may be the recipient of Federal funds to administer such funds, pursuant to the terms of the grant of such funds; to provide the procedure 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:
SECTION 1
Subparagraph I of Paragraph II, of section I of Article VII, of the Constitution of Georgia, relating to the financing, taxation, and public debt of the State, is hereby amended by adding at the end of said subparagraph a new paragraph to read as follows:
"Notwithstanding any other provisions of this Constitution, whenever an agency, board, department or other unit of the State government may be entitled to become a recipient of Federal funds for any purpose, the said agency, board, department or other unit shall be entitled to receive and administer such funds in accordance with the terms of the grant of such funds, and may accept directly such funds or cause them to be deposited with the State Treasurer, and may dispense such funds according to the terms of the grant to non-profit corporations or associations."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the branches of the General Assembly, and the same has been entered 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:

FRIDAY, FEBRUARY 18, 1966

1513

"YES ( ) Shall the Constitution be amended so as to authorize the various organs of State Government to accept and
NO ( ) dispense Federal funds in accordance with the terms of the grant of such funds?"

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 returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

Senator Holloway of the 12th offered the following amendment:
Senator Holloway of 12th moves to amend HR 282 as follows:
By striking the words "aged 16 or above" as they appear at the end of Section 1 of said resolution and substituting in lieu thereof the following:
"Provided, however, that nothing in this paragraph shall be construed to authorize the expenditure of any State funds until the same shall have been appropriated by the General Assembly."

On the adoption of the amendment, the ayes were 35, nays 2, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Ballew Bateman Broun Carter Coggin Dean

Downing Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner

Gillis Gregory Hall Holloway Jackson Johnson of 42nd Kendrick

1514
Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill

JOURNAL OF THE SENATE,

McKenzie Noble Owens Padgett Pennington Rowan Salome Smalley

Smith Spinks Tribble Webb Yancey Young

Those voting in the negative were Senators:

Edenfield

Thompson

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 43, nays 2.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted as amended.
HB 247. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend an act creating a Department of Public Safety, so as to provide for the issuance of honorary drivers' licenses without cost to certain veterans of this State or certain servicemen of this State; and for other purposes.
The Committee on Defense and Veterans Affairs offered the following sub stitute :
A BILL
To be entitled an Act to amend an Act creating the Department of Public Safety for Georgia, approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended, so as to provide for the issuance of honorary drivers' licenses without cost to certain veterans of this State or certain service men of this State; to provide for the issuance of honorary drivers' licenses without cost to surviving spouses of certain veterans, service men and servicewomen of this State; to provide for extension of the expiration date of certain drivers' licenses issued to citizens of this State who become members of the Armed Forces of the United States; to provide the procedure connected with the foregoing; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating The Department of Public Safety for Georgia, approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended,

FRIDAY, FEBRUARY 18, 1966

1515

is hereby amended by adding in Section 2 of Article IV, between para graph (c) and subsection (3) of Section 2 of Article IV, which reads as follows:
"(c) Every person who drives any motor vehicle when in use for the transportation of persons or property for compensation.",

and the paragraph the first sentence of which reads as follows:

"Except as hereinafter provided, no license shall be issued at any time to a person whose learner's, operator's or chauffeur's license has been three times

a new subsection to be known as subsection (4) of Section 2 of Article IV, to read as follows:
"(4) Residents of this State who are:
(a) Veterans of the Armed Forces of the United States of America, and who were residents of the State of Georgia at the time of their enlistment or induction with ninety (90) days service, or more, or who shall have been separated from the Armed Forces of the United States prior to the expiration of ninety (90) days service for physical disability which shall have been service-con nected, some part of which was within a war period as the term 'war period' is defined in Public Law No. 2 of the 73rd Congress of the United States, as now or hereafter amended, and who have been separated from such service under honorable conditions, or

(b) Veterans of the Spanish-American War who have been separated from such service under honorable conditions, or

(c) Veterans of the Armed Forces of the United States of America and who were residents of the State of Georgia at the time of their enlistment or induction with ninety (90) days service, or more, or who shall have been separated from the Armed Forces of the United States prior to the expiration of ninety (90) days service for physical disability which shall have been service-con nected, some part of which was within a military campaign or operation waged or prosecuted by authority of the United Nations, provided the Armed Forces of the United States participated in such campaign or operation and who have been separated from such service under honorable conditions, or

(d) Veterans of the Armed Forces of the United States of America, who were residents of the State of Georgia at the time of the their enlistment or induction and who shall have been separ ated from the Armed Forces of the United States for physical disa bility officially rated at 50 percent or more which shall have been service-connected, and such physical disability having been received in any war or armed conflict in which any branch of the Armed Forces of the United States engaged, whether under United States command or otherwise, and who have been separated from such service under honorable conditions, or

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(e) Veterans of the Armed Forces of the United States of America, who were residents of the State of Georgia at the time of their enlistment or induction and who shall have been awarded
the Armed Forces Expeditionary Medal for service in Vietnam or contiguous waters or air space, pursuant to Executive Order No.
10977, signed by the President of the United States on December 4, 1961, or who had been awarded the Vietnam Service Medal for service in Vietnam or contiguous waters or air space, pursuant to
Executive Order No. 11231, signed by the President of the United States on July 8, 1965, and who shall been separated from such service under honorable conditions, or

(f) The surviving spouse of a veteran, serviceman or servicewoman, who was a resident of the State of Georgia at the time of his enlistment or induction and who has been awarded posthu mously the Armed Forces Expeditionary Medal for service in Viet nam or contiguous waters or air space, or who had been awarded the Vietnam Service Medal for service in Vietnam or contiguous waters or air space, so long as such spouse remains unmarried and a resident of this State, or

(g) The surviving spouse of any veteran defined in this sub section, so long as such spouse remains unmarried and a resident of this State."
Section 2. Said Act is further amended by adding after Section 2 of Article IV a section to be known as Section 2A of Article IV, to read as follows:
"Section 2A. The expiration date of all current drivers' licenses now held by or hereafter issued to citizens of this State now serving in the Armed Forces of the United States and the expiration date of all drivers' licenses held by or hereafter issued to citizens of this State current at the time such citizen enlists or is inducted into the service of the Armed Forces of the United States are hereby extended for the duration of any such service. Provided, that such extended expiration date of any such drivers' license shall terminate ninety (90) days after the discharge from the Armed Forces of the United States of any holder thereof."

Section 3. Said Act is further amended by striking Section 17 of Article IV in its entirety and inserting in lieu thereof a new Section 17 of Article IV to read as follows:

"Section 17. It is hereby made the duty of The Department of Public Safety and its successors, and the Director of Public Safety of Georgia and his successors in office to cause to be issued to each veteran or surviving spouse of a veteran, serviceman or servicewoman as defined in subsection (4) of Section 2 of Article IV, without cost, an honorary drivers' license, the same to be a mark of appreciation on the part of the people of Georgia, which shall be a valid operators or drivers' license as required by this Act until the same shall be suspended or revoked in accordance with the law."

FRIDAY, FEBRUARY 18, 1966

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Section 4. Said Act is further amended by adding after Section 17 of Article IV a new Section to be known as Section 17A of Article IV, to read as follows:

"Section 17A. No person shall be entitled to receive an hon orary drivers' license pursuant to the provisions of this Act unless he is a bona fide resident of the State of Georgia at the time he makes application therefor."

Section 5. Said Act is further amended by striking Section 18 of Article IV in its entirety and inserting in lieu thereof a new Section 18 of Article IV, to read as follows:

"Section 18. It is hereby made the duty of The Department of Public Safety and its successors, and the Director of Public Safety of Georgia, and his successors in office, to cause to be engraved suitable cards, or forms, conforming as far as practicable to the cards, or forms, heretofore issued registrants for drivers' licenses, but appropriate to serve as permanent, honorary drivers' licenses. Said cards, or forms, to be of such texture and of such material as will serve as permanent drivers' license cards."

Section 6. Said Act is further amended by striking Section 19 of Article IV in its entirety and inserting in lieu thereof a new Section 19 of Article IV, to read as follows:

"Section 19. The Director of Public Safety of Georgia shall prescribe by rules and regulations application forms to be used by applicants for honorary drivers' licenses authorized by this Act and shall promulgate procedures to pass upon such applications for honorary drivers' licenses as might be filed under authority contained in this Act and, in making such determinations, the Di rector shall accept such evidence as is receivable in courts of law in this State under rules of evidence of force. An appeal is hereby authorized on the part of any applicant to The Department of Public Safety to review de novo any application rejected by the Director. The Department of Public Safety, and the Director of Public Safety of Georgia may, in their or his discretion, accept any evidence from The Department of Defense of the United States, the Veterans Administration of the United States and the State Department of Veterans Service in determining eligibility of appli cants for honorary drivers' licenses."

Section 7. Said Act is further amended by striking Section 20 of Article IV in its entirety and inserting in lieu thereof a new Section 20 of Article IV, to read as follows:

"Section 20. Honorary drivers' licenses issued under authority contained in this amendment shall be subject to suspension and revocation in precisely the same manner, and for the same causes, and the same authority, as other drivers' licenses."

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Section 8. Said Act, as amended, particularly by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1152), is hereby amended by striking Subsection (4) of Section 1 of Article IV, which reads as fol lows:
"Veterans of the armed forces of the United States of which was within a war period as the term 'war period' is defined in Public Law 2 of the 73rd Congress of the United States, as amended, and Public Law 346 of the 78th Congress of the United States, as amended, and who have been separated from such service under honorable conditions, also all veterans of the Spanish-American War.",
in its entirety.
Section 9. Said Act, as amended, particularly by an Act creating a Department of Public Safety, approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended, particularly by an Act approved February 21, 1951 (Ga. Laws 1951, p. 755), and by an act approved March 13, 1957 (Ga. Laws 1957, p. 375), is hereby amended by striking Subsection (4) of Section 1 of Article IV, which reads as follows:
"(4) Veterans of the Armed Forces of the United States of America, of ninety days service, or more, or who shall have been separated from the Armed Forces of the United States prior to the expiration of ninety days service for physical disability which shall have been service-connected, some part of which was within a war period as the term 'war period' is defined in Public Law No. 2 of the 73rd Congress of the United States, as amended, and Public Law No. 346 of the 78th Congress of the United States, as amended, and who have been separated from such service under honorable conditions, also veterans of the Spanish-American War, also men and women serving at any time in any military campaign, or operation, waged or prosecuted by authority of the United Nations, provided the Armed Forces of the United States participated in such campaign, or operation.",
in its entirety.
Section 10. Said Act, as amended, particularly by an Act approved January 30, 1945 (Ga. Laws 1945, p. 117), is hereby amended by striking: Section 4 (a) of Article V, which reads as follows:
"Section 4 (a) All current operators drivers' licenses now held by or hereafter issued to citizens of this State now serving in the Armed Forces of the United States, and all operators drivers' li censes held by or hereafter issued to citizens of this State current at the time such citizen enters the service of the Armed Forces of the United States are hereby extended for the duration of the pres ent wars. Provided, that such extended license shall terminate 90 days atfer the discharge from the Armed Forces of any holder thereof prior to the end of the present wars.",

in its entirety.

FRIDAY, FEBRUARY 18, 1966

1519

Section 11. Said Act as amended by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1152) is hereby amended by striking Section la. of said amendatory Act which reads as follows:

"Section la. Be it further enacted that no veterans shall be entitled to receive a drivers' license under the provisions of this Act unless he is a bona fide resident of the State of Georgia at the time he makes application for same.",

in its entirety.

Section 12. Said Act, as amended, particularly by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1152) is hereby amended by strik ing Section 2a. of said amendatory Act which reads as follows:

"Section 2a. That the surviving widow of a veteran be afforded the same privileges by this Act, so long as she remains unmarried,",

in its entirety.

Section 13. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 36, nays 0, and the sub stitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the ayes were 29, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 273. By Mr. Overby of the 16th:
A bill to amend Code chapter 36-11, relating to condemnation and eminent domain, so as to provide a more efficient and certain method of service upon non-residents who own the property condemned; and for other purposes.

The Committee on Judiciary offered the following substitute:
A BILL
To be entitled an act to amend Code Chapter 36-11 and related Chapter 36-3 of the Code of Georgia of 1933, relatin gto condemnation and eminent domain, so as to provide a more efficient and certain

1520

JOURNAL OF THE SENATE,

method of service upon nonresidents who own the property condemned, or who may have some lawful interest in such property; to provide a method of service of registered United States mail; to repeal conflict ing laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 36-3 of the Code of Georgia of 1933, is hereby amended by striking Code Section 36-312, relating to service which cannot be personally made, in its entirety and inserting in lieu thereof a new Code Section 36-312 to read as follows:

"36-312. Where notice cannot be served.--In cases where service cannot be effected by leaving notice at place of residence or by personal service, the notice shall be posted by the sheriff at the courthouse door 15 days, and the sheriff shall cause such notice to be published once in the official paper one week before the day fixed for assessing the damages."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 31, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the ayes were 36, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 292. By Messrs. Newton of the 94th, Irvin of the llth, Farrar of the 118th, Jones of the 112th, Story of the 22nd and others:
A bill to amend an act known as the "Minimum Foundation Program of Education Act", so as to change the minimum sum in determining the funds needed by local units of administration for maintenance operation, and sick leave expenses not otherwise provided in said act; and for other purposes.

Senator Carter of the 14th offered the following amendment:
Amend HB 292 as follows:
By inserting in the title immediately before the phrase "to repeal conflicting laws" the following:

FRIDAY, FEBRUARY 18, 1966

1521

"to provide an effective date;".

By striking the symbol and figure "$400" as it appears immediately after the phrase "and inserting in lieu thereof the following:" in Section 1 of said bill and inserting in lieu thereof the symbol and figure "?

By striking the symbol and figure "$400" as it appears in Section 13, which Section 13 is quoted in Section 1 of said bill and substituting in lieu thereof the symbol and figure "$600".

By renumbering Section 2 as Section 3.

By inserting following Section 1 a new Section 2 to read as follows:

"Section 2. This Act shall become effective beginning with the 1966-67 school year."

On the adoption of the amendment, the ayes were 31, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, Senator Carter of the 14th 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 Eldridge Fincher of 64th Flowers Foster Gayner Gillis Gregory Hall Holley Hollo way

Johnson of 42nd Johnson of 38th Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish McGill McKenzie Noble Owens Pennington Plunkett

Rowan Salome Sanders Searcey Smalley Smith Spinks Thompson Ward Webb Wesberry Yancey Young

By unanimous consent, verification of the roll call was dispensed with.

1522

JOURNAL OP THE SENATE,

On the passage of the bill, the ayes were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
The following bill of the Senate was taken up for the purpose of considering the report of a Committee of Conference thereto:

SB 19. 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 municipality lying within a county that has held an election in regard to this Act, the Results of which were to allow the taxing, legalizing and control of alcoholic beverages and liquors within said county, that the governing authority of said municipality may make a determination as to whether the taxing, licensing, manufacturing, distribution and control of alcoholic beverages and liquors shall be allowed in said municipality; and for other purposes.

The report of the Committee of Conference was as follows:

MAJORITY CONFERENCE COMMITTEE REPORT ON SB NO. 19
Mr. President:
Mr. Speaker:
The Majority Conference Committee on SB No. 19 has met and recommends the adoption of the following report:
A. That the Senate recede from its position; B. That the House recede from its position; and C. That the attached amendments to SB No. 19 be adopted.
This 18th day of February, 1966.
ON BEHALF OF THE SENATE: S. FLETCHER THOMPSON Senator, 34th District FRANK ELDRIDGE, JR. Senator, 7th District KENNETH KILPATRICK Senator, 44th District

FRIDAY, FEBRUARY 18, 1966

1523

ON BEHALF OF THE HOUSE OF REPRESENTATIVES:
GUY HILL Representative, 121st District

Amend SB 19 as follows:

By striking from the title the words "that the governing authority of"
By striking in its entirety the new Section 4A as provided for in Section 1 and inserting in lieu thereof a new Section 4A to read as follows:
"Section 4A. Any municipality lying within a county that has held a referendum election as provided under this Act, the results of which were to allow the taxing and legalizing and controlling of alcoholic beverages and liquors, may make a determination, in a referendum election in the manner provided for hereinafter, as to whether the same shall be allowed within the corporate limits of said municipality."

By striking from Section 4B the words "Notwithstanding Section 4A above" and by striking from the first and last sentences of said Section the words and/or figures "fifteen (15)" and inserting in lieu thereof the words and/or figures "thirty-five (35)".

Mr. President:

Mr. Speaker:
The Minority of the Conference Committee consisting of the under signed do hereby disagree with the Majority Report of the Conference Committee and recommend the following:
A. That the Senate recede from its position;
B. That the House not recede from its position; and
C. That a new Conference Committee be appointed on SB No. 19.
This 18th day of February, 1966.
ON BEHALF OF THE HOUSE OF REPRESENTATIVES:
ED T. FULFORD Representative, 67th District
THOMAS M. MITCHELL Representative 3rd District

Senator Thompson of the 34th moved that the Senate adopt the report of the Committee of Conference to SB 19.

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JOURNAL OF THE SENATE,

On the motion, the ayes were 40, nays 0.

The motion prevailed, and the report of the Committee of Conference was adopted.
HB 302. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th and Harris of the 118th: A bill to amend Section 92-1403 relating to the "Motor Fuel Tax Law", so as to provide for the levy of the tax on motor fuel, kerosene and fuels not commonly measured by the gallon; and for other purposes.
Senator Dean of the 6th offered the following amendment:
Amend HB 302 by striking from the title the following:
"so as to provide for the levy of the tax on motor fuel, kerosene, and fuels not commonly measured by the gallon",
and inserting in lieu thereof the following:
"so as to provide for the levy of a tax on motor fuel and fuels not commonly measured by the gallon".
By striking from the title the following as it appears in three places in said title:
"(but not from the kerosene tax)".
By adding in the title before the words "to repeal conflicting laws" the words "to remove the provision relating to the tax on kerosene;".
By striking from the first sentence of 92-1403 (A) the words "or kerosene".
By striking 92-1403 (A) (2) in its entirety and by renumbering 92-1403 (A) (3) as 92-1403 (A) (2).
By striking the words "or kerosene" wherever they appear in said bill.
By striking from Section 92-1403 (E) the following:
"Nothing in this paragraph shall exempt anyone from the tax imposed on kerosene by section 92-1403 (A) (2) of this chapter.". By adding at the end of 92-1403 (F) the following:
"Provided, if a distributor is unable to recover any tax paid from the purchaser or consumer because the purchaser or consumer shows the same exempt under this Act, then the distributor shall

FEIDAY, FEBRUARY 18, 1966

1525

have and recover from the State the amount of tax, interest, and penalty paid on such exempt sales.".

By striking from 92-1403 (H) the following:

"Nothing in this paragraph shall exempt anyone from the imposition of the tax on kerosene as provided by section 92-1403 (A) (2) of this chapter."

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 44, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
HB 243. By Mr. Hull of the 104th: A bill to revise comprehensively the laws relating to subpoenas and other like processes; and for other purposes.

Senator Yancey of the 33rd offered the following amendment:
Amend HB 243 by striking sub-paragraph (f) of Section 3 and renumbering the remainder of said section accordingly.

On the adoption of the amendment, the ayes were 30, nays 0, and the amend ment was adopted.
Senator Yancey of the 33rd offered the following amendment:
Amend HB 243 by deleting Section 2 in its entirety and substituting in lieu thereof the following:
"This act shall apply to all civil cases, and as to the State in all criminal cases."
On the adoption of the amendment, the ayes were 32, nays 1, and the amend ment was adopted.

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JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, the ayes were 31, nays 2.

The bill, having received the requisite constitutional majority, was passed as amended.
The following resolution of the Senate was taken up for the purpose of con sidering a House substitute thereto:

SR 47. By Senator Yancey of the 33rd:
A resolution proposing an amendment to the Constitution so as to provide that the members of the Board of Education of Cobb County shall be elected in the same manner as county officers; and for other purposes.

The House substitute was as follows:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the compensation of the members of the Board of Education of Cobb County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section V, Paragraph I of the Constitution is hereby amended by striking from that paragraph of said Paragraph I which reads as follows:
"At the General Election in 1964 at which county officers are elected, the seven members of the County Board of Education shall be elected. The person from each district receiving the highest num ber of votes shall be the member of the Board from that district. The persons elected in 1964 shall take office January 1, 1965, for four-year terms and until their successors are elected and qualified. Successors to these members and all future members shall be elected at th same time each four years as county officers are elected, and, likewise, shall take office on the first day of January immediately following their election and, likewise, shall serve for terms of four years and until their successors are elected and qualified. Each member of the Board shall be compensated in the amount of fifty ($50.00) dollars per month. At the first meeting held by the Board in each year, the members shall elect a Chairman and a Vice-Chair man who shall serve for that year.",

FRIDAY, FEBRUARY 18, 1966

1527

the following sentence:
"Each member of the Board shall be compensated in the amount of fifty ($50.00) dollars per month.",

and substituting in lieu thereof the following:

"Each member of the Board of Education of Cobb County shall be compensated in the amount of two hundred dollars ($200.00) per month or such other sum as the General Assembly shall provide by law.",
so that when so amended said paragraph shall read as follows:

At the General Election in 1964 at which county officers are elected, the seven members of the County Board of Education shall be elected. The person from each district receiving the highest number of votes shall be the member of the Board from that district. The persons elected in 1964 shall take office January 1, 1965, for four-year terms and until their successors are elected and qualified. Successors to these members and all future members shall be elected at the same time each four years as county officers are elected, and, likewise, shall take office on the first day of January im mediately following their election and, likewise, shall serve for terms of four years and until their successors are elected and qualified. Each member of the Board of Education of Cobb County shall be compensated in the amount of two hundred dollars ($200.00) per month or such other sum as the General Assembly shall provide by law. At the first meeting held by the Board in each year, the members shall elect a Chairman and a Vice-Chairman who shall serve for that year."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to change the compensation of the members of the Board of
NO ( ) Education of Cobb County?"

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

1528

JOURNAL OP THE SENATE,

be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

Senator Kendrick of the 32nd moved that the Senate agree to the House substitute to SR 47.
On the motion to agree, 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

Gregory Hall Hill Holley Holloway Jackson Johnson of 38th Kendrick Kidd Kilpatrick Loggins Maclntyre Miller Moore McGill McKenzie

Noble Owens Padgett Pennington Rowan Salome Sanders Searcey Smalley Smith Spinks Ward Webb Young

Voting in the negative was Senator Yancey.

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the substitute, the ayes were 46, nays 1, and the substi tute was adopted.

HB 304. By Mr. Farrar of the 118th:
A bill to create a State Council for the Preservation of Natural Areas; and for other purposes.

Senator Carter of the 14th offered the following amendment: Amend HB 304 by striking from the title the words: "to provide for compensation of its members;"

On the adoption of the amendment, the ayes were 30, nays 0, and the amend ment was adopted.

FRIDAY, FEBRUARY 18, 1966

1529

Senator Carter of the 14th offered the following amendment:

Amend HB 304 by striking in Section 3 the word and figure "seven (7)" and substituting therefor the word and figure "eight (8)" and by adding in Section 3 the subsection:

"(6) One representative from the Georgia Soil and Water Con servation Commission for a term to be determined at the discretion of the said commission."

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 33, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
HB 335. By Messrs. Mitchell and Smith of the 3rd:
A bill to amend an act known as the Georgia Water Quality Control Act, so as to amend the powers of the Georgia Water Quality Control Board to remove the requirement of mandatory hearing prior to the rendition of any order by the Board; and for other purposes.

Senator Holley of the 12th offered the following amendment:
Amend HB 335 by inserting in subsection (1) of Section 13, which subsection is quoted in Section 4 of said Bill, between the word "sub sections" and "(b)" the following: "(a)", so that when so amended subsection (1) of Section 13 shall read as follows:
"(1) Any person who has exhausted all administrative remedies available within the agency and who is aggrieved by a final decision in a contested case is entitled to judicial review under this Act. A preliminary, procedural, or intermediate agency action or ruling is immediately reviewable if review of the final agency decision would not provide an adequate remedy. In this connection, all proceedings for judicial review shall be in accordance with subsections (a), (b), (c), (d), (e), (f), (g), and (h) of Section 20 of the Georgia Ad ministrative Procedure Act, Ga. Laws 1964, p. 354, et. seq."

On the adoption of the amendment, the ayes were 39, nays 0.

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JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, the ayes were 38, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.
HB 369. By Mr. Lovell of the 6th:
A bill to amend an act superseding and consolidating the laws relating to the State Game and Pish Commission, so as to authorize the State Game and Fish Commission to appoint deputy wildlife rangers of the State-at-Large; and for other purposes.

The Committee on Agriculture and Natural Resources offered the following amendment:
Amend HB 369 by adding in the title after the word "appoint" and before the word "deputy" the words "not more than two hundred".
By adding in the language quoted as Section 13A in Section 1 of said bill after the word "appoint" and before the word "deputy" the words "not more than two hundred".

On the adoption of the amendment, the ayes were 31, nays 1, and the amendment was adopted.
Senator Carter of the 14th offered the following amendment:
Amend HB 369 by adding in section 1, under section 13 A, at the end of the first sentence a new sentence as follows:
"Deputy wildlife rangers may perform their duties only on their own property or on property owned by their employers, and no honorary deputy wildlife rangers may be appointed without actual duties relating to the preservation of wild life."

On the adoption of the amendment, the ayes were 31, nays 1, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

FRIDAY, FEBRUARY 18, 1966

1531

On the passage of the bill, the ayes were 29, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.
HB 387. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend the Revenue Bond Law (formerly known as the Revenue Certificate Law of 1937), relating to the publication of notice to the public of a hearing to validate Revenue Bonds; and for other purposes.

Senator Pennington of the 45th offered the following amendment:
Amend HB 387 as follows:
By striking the last sentence of Section 1 and inserting in lieu thereof the following:
"Such newspaper shall be the official organ of the county in which the sheriff's advertisements appear."

On the adoption of the amendment, the ayes were 32, nays 1.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 30, nays 2.

The bill, having received the requisite constitutional majority, was passed as amended.
HB 388. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend section 87-303 of the Code of Georgia relating to the publication of notice to the public of the hearing to validate general obligation bonds to be issued by a county, municipality or political sub division; and for other purposes.

Senators Pennington of the 45th and Kilpatrick of the 44th offered the fol lowing amendment:
Amend HB 388 as follows:

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JOURNAL OF THE SENATE,

By striking the last sentence of Section 1 and inserting in lieu there of the following:
"Such newspaper shall be the official organ of the county in which the sheriff's advertisements appear."

On the adoption of the amendment, the ayes were 28, nays 1, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, the ayes were 31, nays 1.

The bill, having received the requisite constitutional majority, was passed, amended.

The following bill of the Senate was taken up for the purpose of considering the report of a Committee of Conference thereto:

SR 25. By Senators Webb of the llth and Jackson of the 16th:
A resolution proposing an amendment to the Constitution so as to pro vide for the payment for taking or damaging private property for public road and street purposes, in order to authorize the state to require the removal of existing outdoor advertising, and the removal or screening of existing outdoor junk yards or other installations interfering with the natural beauty of the highway and surrounding landscape, so as to prevent the loss of large sums of Federal money; and for other purposes.

The report of the Committee of Conference was as follows:
Mr. President:
Mr. Speaker:
The Conference Committee on SR No. 25 has met and respectfully recommends the adoption of the following report:
A. That the Senate recede its position; B. That the House recede its position; and C. That the attached amendments to S.B. No. 25 be adopted.
This 18th day of February, 1966. On Behalf of the Senate: 1st Paul C. Broun Senator, 46th District

FRIDAY, FEBRUARY 18, 1966

1533

Amend SR 25 as follows:

/s/ Kenneth Kilpatrick Senator, 44th District
/s/ S. Fletcher Thompson Senator, 34th District
On Behalf of the House of Representatives:
/s/ Thomas B. Murphey Representative, 26th District
/s/ James W. Paris Representative, 23rd District
/s/ George T. Bagby Representative, 21st District

By striking Section 1 in its entirety and substituting in lieu thereof new Section 1 to read as follows:

"Section 1. Duties. It shall be the duty of all sheriffs, chiefs of police and the heads of any other law enforcement agencies to obtain the fingerprints and descriptions of all persons convicted of felonies within their respective jurisdictions and to transmit such fingerprints and descriptions to the Bureau of Investigation of ths Department of Public Safety, hereinafter called the Bureau. If the particular law enforcement agency now has or may in the future have photograph equipment, then a photo of the arrested person shall also be forwarded to the Bureau."

Senator Kilpatrick of the 44th moved that the Senate adopt the report of the Committee of Conference to SR 25.

On the motion to adopt, the ayes were 31, nays 0.

The motion prevailed, and the report of the Committee of Conference was adopted.
The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 234. By Senators Wesberry of the 37th, Thompson of the 34th, Coggin of the 35th and others:
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 mini mum interest payment shall be one dollar; and for other purposes.

1534

JOURNAL OP THE SENATE,

The House amendment was as follows:

The Committee on Local Affairs moved to amend SB 236 by striking the word "and a penalty of one dollar ($1.00) shall be assessed in lieu thereof" at the end of Section I and by placing a period after the word "waived".

Senator Maclntyre of the 40th moved that the Senate agree to the House amendment to SB 234.

On the motion, the ayes were 31, nays 0.

The motion prevailed, and the House amendment was agreed to.

HB 421. By Messrs. Mauldin of the 18th, Blalock of the 33rd, Smith of the 3rd, Oglesby of the 92nd, Melton of the 34th and others:
A bill to provide for the regulation of "perpetual care" and "Endowment Care" cemeteries; and for other purposes.

Senator Holley of the 22nd offered the following amendment:
Amend HB 421 by inserting in Section 3 between the word "Asso ciation" and the word "an" the following:
"or individual trustee or trustees bonded up to the amount of money contained in the trust fund"
By striking from Section 4 the figue "90" and inserting in lieu thereof the figure "365".
By striking Section 5 in its entirety and renumbering the remaining section in the correct numerical sequence.

On the adoption of the amendment, the ayes were 28, nays 3, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 40, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

FRIDAY, FEBRUARY 18, 1966

1535

HB 475. By Messrs. Overby, Williams and Wood of the 16th:
A bill to add one additional judge of the Superior Court for the North eastern Judicial Circuit of Georgia, so as to provide for two judges in said court; and for other purposes.

The Committee on Judiciary offered the following amendment:
Amend HB 475 by striking the phrase "to provide for the election and term of office of said judge" as it appears in the title and inserting in lieu thereof the following:
"to provide for the appointment and term of office of said judge".
By striking in its entirety Section 2 and substituting in lieu thereof a new Section 2 to read as follows:
"Section 2. The additional Judge of the Superior Court for the Northeastern Judicial Circuit of Georgia shall be appointed by the Governor on or before April 1, 1966, and he shall take office on said date and serve until December 31, 1970, and until his successor is elected and qualified. Thereafter, successors to said Judge shall be elected for a term of office of four years and until his successor is duly elected and qualified. Such election shall be held and con ducted as is now or may hereafter be provided by law for the elec tion of judges of the superior courts of the State of Georiga."

On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 38, nays 4.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 480. By Mr. Egan of the 141st:
A bill to provide for personal jurisdiction over any non-domiciliary, or his executor or administrator, as to a cause of action arising from the transaction of business within the state, or the commission of a tortious act within the state, or owning, using or possessing real property situated within the state; and for other purposes.

1536

JOUENAL 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 1.

The bill, having received the requisite constitutional majority, was passed.

HB 488. By Messrs. Newton of the 94th, Lowrey of the 13th, Collins of the 88th, Reaves of the 99th and Herndon of the 74th:
A bill to be entitled "Department of Agriculture Registration, License and Permit Act"; to require persons applying to the Department of Agriculture for the State of Georgia for registration, to designate a place where the applicant may be personally served with legal process; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 495. By Mr. Lambert of the 38th:
A bill to prohibit the use of alternately flashing blue lights on any motor vehicle, except vehicles belonging to any federal, State, county or municipal police or fire department, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 519. By Messrs. Caldwell of the 51st, Peterson of the 59th and Doster of the 73rd:
A bill to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, so as to provide that the delinquent payments required to be made into the fund by the clerks shall bear interest; and for other purposes.

FRIDAY, FEBRUARY 18, 1966

1537

The report 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 530. By Messrs. Oglesby and Russell of the 92nd:

A bill to amend an act relating to the State Game and Fish Commission,

so as to provide for the purchase of uniforms for employees; and for

other purposes.

.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 551. By Mr. Busbee of the 79th: A bill to provide for family planning services; to provide that the State Department of Health, county departments of health, health districts, the State Department of Family and Children Services, county depart ments of family and children services and district departments of family and children services shall provide family planning services; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 2.

The bill, having received the requisite constitutional majority, was passed.

HB 553. By Messrs. Fulford of the 67th, Newton of the 94th, and Palmer of the 117th:
A bill to amend Code Chapter 84-12, relating to establishing the State Board of Osteopathic Examiners, so as to provide a license to practice in this State shall furnish satisfactory evidence of having completed 1

1538

JOURNAL OF THE SENATE,

year of training as an intern in a hospital in good standing with the State Board of Osteopathic Examiners; and for other purposes.

The report 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 557. By Messrs. Egan of the 141st, Maddox of the 8th, Watkins of the 9th, Townsend of the 140th, Smith of the 114th and others:
A bill to repeal Code Chapter 59-4, relating to the requirement that grand juries inspect every orphanage, sanitarium, and all other similar facilities located within the county; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 558. By Messrs. Harris of the 85th, Gignilliat and Powers of the 113th, Gaynor and Smith of the 114th and others:
A bill to repeal Code Section 26-7302, relating to hotel keepers on beaches keeping lifeboats and other related items; and for other purposes.

The report 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 569. By Mr. Clarke of the 45th:
A bill to amend an act creating the Board of Trustees of the Joint Municipal Employees' Retirement System, so as to provide for fixed benefit plans; and for other purposes.

FRIDAY, FEBRUARY 18, 1966

1539

The Committee on Retirement offered the following amendment:

Amend HB 569 by inserting at the end of Section 13, which Section is quoted in Section 5 of said bill, immediately before the quotation mark the following:

"At least ten years service shall be required under any plan established pursuant to this act to be eligible for retirement ben efits.",
so that when so amended Section 13 shall read as follows:

"Section 13. Early retirement age under any plan established pursuant to this act shall be age fifty-five. Each municipal corpora tion may provide in its plan for normal retirement age not earlier than age sixty-five nor later than age seventy. At least ten years service shall be required under any plan established pursuant to this act to be eligible for retirement benefits."

On the adoption of the amendment, the ayes were 38, nays 2, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 36, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.
HB 325. By Messrs. Newton of the 94th, Marshall of the 39th, Lowrey of the 13th, Collins of the 88th and others:
A bill to amend an act entitled "An act to be known as the 'Georgia Food Act'", so as to regulate the manufacture, sale, delivery and the holding or offering for sale of food; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 4, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1540

JOURNAL OF THE SENATE,

HB 327. By Messrs. Newton of the 94th, Marshall of the 39th, Lowrey of the 13th, Collins of the 88th, Reaves of the 99th:
A bill to amend an act relating to the regulation and sale of livestock at auctions, so as to provide that every operator of a sales establish ment for the sale of livestock at auction shall maintain a custodial account in a national or state chartered bank; and for other purposes.

The report 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 1.

The bill, having received the requisite constitutional majority, was passed.

HB 344. By Messrs. Harris of the 118th and Levitas of the 118th: A bill to provide that any person who steals an article representing a trade secret or copies an article representing a trade secret with intent to deprive the owner thereof, the control of such trade secrets shall be guilty of a crime; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 306. By Messrs. Sherman of the 105th, Fleming of the 106th, Clarke of the 45th, Knapp of the 109th, Lee of the 79th and many others:
A bill to regulate the sale of admission tickets to athletic contests other than those of the colleges of the University System of Georgia, so as to provide that no ticket to athletic contests regulated by this act shall be sold for more than $1.00; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 1.

' The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 18, 1966

1541

HB 307. By Messrs. Harris and Smith of the 85th:
A bill to be entitled an act to amend Code Section 27-902, relating to amount of bail in misdemeanor cases, so as to provide that sheriffs and constables may accept cognizance bonds in certain misdemeanor cases involving military personnel; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 314. By Messrs. Bedgood and Matthews of the 29th, Lowrey and Starnes of the 13th, Anderson of the 71st and others:
A bill to amend an act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt therefrom certain transactions wherein personal property is furnished by certain governmental units for the purpose of installing, repairing or extending water, gas or sewage system; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 443. By Messrs. Wiggins of the 32nd, Gary of the 35th and Malone of the 117th:
A bill to amend an act providing the procedure for extending social security coverage to the employees of the State of Georgia, so as to provide that "political subdivision" shall include the Georgia Municipal Association for the purposes of this act; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.

1542

JOURNAL OF THE SENATE,

HB 469. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, Harris of the 118th and Steis of the 100th:
A bill to provide that for the purposes of determining income taxes due the State of Georgia, that gross income shall not include compensation received by certain enlisted personnel for active service as a member below the grade of commissioned officer in the Armed Forces of the United States for any years; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 479. By Mr. Nessmith of the 64th:
A bill to repeal an act creating an "Agricultural Commodities Author ity"; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 464. By Messrs. Simkins of the 106th, Sherman of the 105th and Snellings of the 104th:
A bill to amend Code section 26-2625, relating to punishment for larceny, so as to change the punishment for certain larcenies when the value of the goods taken exceeds a certain amount; and for other purposes.

The report 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 1.

The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 18, 1966

1543

The following bill of the House was taken up for the purpose of considering the report of a Committee of Conference thereto:

HB 320. By Messrs. Carley, Palmer, Malone and Vaughn of the 117th, Harris, Levitas, Walling and Farrar of the 118th, Bean, Evenson, Higginbotham and Westlake of the 119th:
A bill to fix the salary of the judge of the juvenile court in certain counties; and for other purposes.

The report of the Committee of Conference was as follows: Mr. President: Mr. Speaker:
The Conference Committee on H.B. No. 320 has met and recommends the adoption of the following report:
A. That the House recede from its position; B. That the Senate recede from its position; and C. That the attached substitute to H.B. No. 320 be adopted.
This 18th day of February, 1966.
On Behalf of the Senate: /a/ Frank G. Miller /a/ Ben F. Johnson Is/ H. E. Sanders
On Behalf of the House of Representatives:
/s/ George H. Carley Is/ Jack Ted Bean /s/ Robert H. Farrar
A BILL
To be entitled an act to fix the salary of the judge of the juvenile court in certain counties; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
The salary of the judge of the juvenile court in all counties of this state having a population of not less than 250,000 and not more than

1544

JOURNAL OF THE SENATE,

500,000, according to the 1960 United States decennial census or any such future census, shall be fourteen thousand dollars ($14,000.00) per annum, payable in equal monthly installments out of the funds of such counties.
SECTION 2

An act fixing the salary of the judges of the juvenile courts of counties having a population of not less than 250,000 and not more than 350,000, according to the 1960 United States decennial census or any such future census, approved February 27, 1962 (Ga. Laws 1962, p. 2380), as amended by an act approved March 10, 1964 (Ga. Laws 1964, p. 2596), is hereby repealed in its entirety.

SECTION 3

All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Johnson of the 42nd moved that the Senate adopt the report of the Committee of Conference to HB 320.

On the motion, the ayes were 30, nays 0.

The motion prevailed, and the report of the Committee of Conference was adopted.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendment to the following bill of the House:
HB 243. By Mr. Hull of the 104th: A bill revising the laws relating to subpoenas and other like processes; and for other purposes.

The following bill of the House was taken up for the purpose of considering House action thereto:
HB 243. By Mr. Hull of the 104th: A bill revising the laws relating to subpoenas and other like processes; and for other purposes.

FRIDAY, FEBRUARY 18, 1966

1545

Senator Yancey of the 33rd moved that the Senate insist on its position, and that a Committee of Conference be appointed.

On the motion, the ayes were 30, nays 0.

The motion prevailed, and the president appointed as a Committee of Con ference on the part of the Senate the following:

Senators Yancey of the 33rd Kilpatrick of the 44th and Edenfield of the 4th.

HB 323. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend Code chapter 36-11, relating to the condemnation of property by those authorities who possess the power of eminent domain, so as to define the phrase "just and adequate compensation" as con tained therein and pursuant to the authority contained within Article I, Section III, Paragraph I of the Constitution; and for other purposes.

The Senate Committee on Judiciary moves to strike HB 323 in its entirety and substitute in lieu thereof the following:
A BILL
"To be entitled an act to amend Code Chapter 36-11, relating to the condemnation of property by those authorities who possess the power of eminent domain, as amended, an act relating to the procedure of condemnation of property before a special master, approved March 13, 1957 (Ga. Laws 1957, p. 387), as amended, and an act relating to the condemnation of property for state-aid, public road purposes, approved April 5, 1961 (Ga. Laws 1961, p. 517), as amended, so as to define the phrase, "just and adequate compensation" as contained therein and pur suant to the authority contained within Article I, Section III, Paragraph I of the Constitution; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Code Chapter 36-11, relating to the condemnation of property by those authorities who possess the power of eminent domain, as amended, is hereby amended by adding at the end thereof a new Code Section to be known as Code Section 36-1117 and to read as follows:
"36-1117. In determining or estimating just and adequate com pensation, to be paid to the property owner for property condemned

1546

JOURNAL OF THE SENATE,

for public road and street purposes, neither the Board of Assessors, nor the Jury, in the event of an Appeal to a Jury under the pro visions of said Statute, shall be restricted to the agricultural or pro ductive qualities of such property, but inquiry shall be made as to all other legitimate purposes to which the property could be appro priated. The date of taking as herein contemplated shall be the date of the filing of the condemnation proceedings for the acquisition of the property.
In fixing and determining the amount of just and adequate com pensation to be paid for property actually taken, consideration shall not be given to any increase or decrease in the value of the property actually taken resulting from the improvements, or the anticipation thereof, in connection with which the right of eminent domain is being exercised.
It is further provided, however, that the provision of the im mediately preceding paragraph of this Section shall not apply where the filing of the condemnation proceeding for the acquisition of the property is delayed more than three years from the date upon which the original location of the highway, public road, or street is determined, as shown by the records of the condemning agency; and, in those cases where property is acquired for the Federal-Aid System of Public Roads, and participated in by Federal Funds, the date upon which the United States Bureau of Public Roads, a branch of the Department of Commerce of the United States, approves the location of such highway shall be the controlling date in cal culating such three year period.

The Condemning Authority shall cause the petition for con demnation to set forth the date of the approval of the original loca tion of the highway, as hereinbefore provided for. It shall be the further duty of the Condemning Authority, within thirty days from the date of said original approval and designation of said location as a highway, to cause the location of said highway in said County, to be advertised once each week for four consecutive weeks in the newspaper of the County in which the Sheriff's advertisements are carried; and said advertisement shall designate the land lots or land districts of said County through which such highway will be located. Said advertisement shall further show the date of the said original location of such highway as hereinbefore provided for.

In determining just and adequate compensation, for property taken or condemned under said described Statute for public road and street purposes, the award of the Board of Assessors, or the verdict of the Jury, in the event of an Appeal under the provisions of said Statute, shall, in addition to fixing the value of the land actually taken and used for such purposes, under the definition heretofore set out in the immediately preceding paragraphs hereof, take into consideration the prospective and consequential damages to the remaining property, from which the property actually taken was cut off, and which consequential damages result to such re maining property because of the location of such public road or street upon the portion actually taken; but, on the other hand the increase of the value of such remaining property from the location

FRIDAY, FEBRUARY 18, 1966

1547

of such public road or street shall be considered. Such consequential benefits, if any, may be off-set against such consequential damages, if any; but, in no event, shall consequential benefits be off-set against the value of the property actually taken for such public improvement."
SECTION 2

An Act relating to the procedure of condemnation of property before a special master, approved March 13, 1957 (Ga. Laws 1957, p. 387), as amended, is hereby amended by adding following Section 16 a new Section to be known as Section 16-A and to read as follows:

"Section 16-A. In determining or estimating just and adequate compensation to be paid to the property owner for property con demned for public road and street purposes, neither the special master, nor the Jury, in the event of an Appeal to a Jury under the provision of said Statute, shall be restricted to the agricultural or productive qualities of such property, but inquiry shall be made as to all other legitimate purposes to which the property could be appropriated. The date of taking as herein contemplated shall be the date of the filing of the condemnation proceedings for the acquisition of the property.
In fixing and determining the amount of just and adequate com pensation to be paid for property actually taken, consideration shall not be given to any increase or decrease in the value of the property actually taken resulting from the improvements, or the anticipation thereof, in connection with which the right of eminent domain is being exercised.
It is further provided, however, that the provision of the im mediately preceding paragraph of this Section shall not apply where the filing of the condemnation proceeding for the acquisition of the property is delayed more than three years from the date upon which the location of the highway, public road, or street is determined, as shown by the records of the condemning agency; and, in those cases where property is acquired for the Federal-Aid System of Public Roads, and participated in by Federal Funds, the date upon which the United States Bureau of Public Roads, a branch of the Department of Commerce of the United States, approves the location of such highway shall be the controlling date in calculating such three year period.
The Condemning Authority shall cause the petition for con demnation to set forth the date of the approval of the original location of the highway, as hereinbefore provided for. It shall be the further duty of the Condemning Authority, within thirty days from the date of said original approval and designation of said loca tion as a highway, to cause the location of said highway in said County, to be advertised once each week for four consecutive weeks in the newspaper of the County in which the sheriff's advertisements are carried; and said advertisement shall designate the land lots or land districts of said County through which such highway will be located. Said advertisement shall further show the date of the said original location of such highway as hereinbefore provided for.

1548

JOURNAL OF THE SENATE,

In determining just and adequate compensation for property taken or condemned under said described Statute for public road and street purposes, the Award of the Special Master, or the verdict of the Jury, in the event of an Appeal under the provisions of said Statute, shall, in addition to fixing the value of the land actually taken and used for such purposes, under the definition heretofore set out in the immediately preceding paragraphs hereof, take into consideration the prospective and consequential damages to the re maining property, from which the property actually taken was cut off, and which consequential damages result to such remaining property because of the location of such public road or street upon the portion actually taken; but, on the other hand, the increase of the value of such remaining property from the location of such public road or street shall be considered. Such consequential benefits, if any, may be off-set against such consequential damages, if any; but, in no event, shall consequential benefits be off-set against the value of the property taken for such public improvement.

SECTION 3

An Act relating to the condemnation of property for state-aid, public road purposes, approved April 5, 1961 (Ga. Laws 1961, p. 517), as amended, is hereby amended by adding following Section 10-A a new Section to be known as Section 10-B and to read as follows:

"Section 10-B. In determining or estimating just and adequate compensation to be paid to the property owner for property con demned for public road and street purposes, neither the condemning Authority, nor the Jury, in the event of an Appeal to a Jury under the provisions of said Statute, shall be restricted to the agricultural or productive qualities of such property, but inquiry shall be made as to all other legitimate purposes to which the property could be appropriated. The date of taking as herein contemplated shall be the date of the filing of the condemnation proceedings for the acquisition of the property.
In fixing and determining the amount of just and adequate compensation to be paid for property actually taken, consideration shall not be given to any increase or decrease in the value of the property actually taken resulting from the improvements, or the anticipation thereof, in connection with which the right of eminent domain is being exercised.
It is further provided, however, that the provision of the im mediately preceding paragraph of this Section shall not apply where the filing of the condemnation proceeding for the acquisition of the property is delayed more than three years from the date upon which the location of the highway, public road, or street is deter mined, as shown by the records of the condemning agency; and, in those cases where property is acquired for the Federal-Aid System of Public Roads, and participated in by Federal Funds, the date upon which the United States Bureau of Public Roads, a branch of the Department of Commerce of the United States, approves the location of such highway shall be the controlling date in calculating such three year period.

FRIDAY, FEBRUARY 18, 1966

1549

The Condemning Authority shall cause the petition for condem nation to set forth the date of the approval of the original location of the highway, as hereinbefore provided for. It shall be the further duty of the Condemning Authority, within thirty days from the date of said original approval and designation of said location as a highway, to cause the location of said highway in said County, to be advertised once each week for four consecutive weeks in the newspaper of the County in which the Sheriff's advertisements are carried; and said advertisement shall designate the land lots or land districts of said County through which such highway will be located. Said advertisement shall further show the date of the said original location of such highway as hereinabove provided for.

In determining just and adequate compensation, for property taken or condemned under said described Statute for public road and street purposes, the award of the Condemning Authority, or the verdict of the Jury, in the event of an Appeal under said Statutes, shall, in addition to fixing the value of the land actually taken and used for such purposes, under the definition heretofore set out in the immediately preceding paragraphs hereof, take into consideration the prospective and consequential damages to the remaining property, from which the property actually taken was cut off, and which consequential damages result to such remaining property because of the location of such public road or street upon the portion actually taken; but, on the other hand, the increase of the value of such remaining property from the location of such public road or street shall be considered. Such consequential ben efits, if any, may be off-set against such consequential damages, if any; but, in no event, shall consequential benefits be offsetagainst the value of the property actually taken for such public improvement.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Kilpatrick of the 44th offered the following amendment to the committee substitute:
Amend the Judiciary Committee Substitute to House Bill 323 as follows:
By adding in Section 1 at the end of paragraph 4 of the Section designated as Section 36-1117 the following:
"Said advertisement shall further provide that a plat or map of the project showing the exact date of original location is on file at the office of the State Highway Department, Atlanta, Georgia (address will be published) and any interested party may obtain a copy of same by writing to the State Highway Department and paying a nominal cost therefor."
and by adding in Section 2 the above language at the end of paragraph 4 of the Section designated as Section 16-A of said Act, and by adding in Section 3 the above language at the end of paragraph 4 of the Section designated as Section 10-B of said Act.

1550

JOURNAL OF THE SENATE,

On the adoption of the amendment to the substitute, the ayes were 35, nays 0, and the amendment to the substitute was adopted.

On the adoption of the substitute as amended, Senator Smalley of the 28th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Dean Eldridge Fincher of 51st Fincher of 54th Gillis Gregory Hall Hill

Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Minish McGill McKenzie Noble

Owens Padgett Plunkett Rowan Searcey Smalley Smith Spinks Thompson Webb Yancey Young

Those voting in the negative were Senators:

Adams Downing

Edenfield Miller

Sanders

On the adoption of the substitute as amended, the ayes were 37, nays 5, and the substitute was adopted as amended.

On the passage of the bill, Senator Smalley of the 28th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Broun Carter Eldridge Fincher of 51st

Fincher of 54th Gillis Gregory Hall Hill

Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick

Kilpatrick Lee Minish Moore McKenzie Noble Owens

FRIDAY, FEBRUARY 18, 1966

1551

Pennington Plunkett Rowan Salome Searcey Smalley Smith

Spinks Tribble Webb Wesberry Yancey Young

Those voting in the negative were Senators:

Adams Bateman Dean

Downing Foster Miller

Padgett Sanders

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 by substitute as amended.
Senator Owens of the 49th moved that the Senate reconsider its action on the following bill of the House:

HB 475. By Messrs. Overby, Williams and Wood of the 16th:
A bill to add one additional judge of the superior court for the North eastern Judicial Circuit of Georgia, so as to provide for two judges in said court; and for other purposes.

On the motion, the ayes were 31, nays 10, and the motion prevailed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has discharged the Committee of Conference and respectfully requests that a second Committee of Conference be appointed on the following resolution of the Senate:

SR 70. By Senators Smith of the 18th, Adams of the 26th and others:
A resolution authorizing and directing the Georgia Ports Authority to execute a local assurer agreement with the United States Corps of Engineers and the County of Chatham; and for other purposes.

1552

JOURNAL OF THE SENATE,

The Speaker has appointed as a second Committee of Conference, the follow ing members:

Messrs. Richardson of the 116th, McCracken of the 49th and Murphy of the 26th.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position and respectfully requests that a Committee of Conference be appointed on the following Bill of the House:

HB 243. By Mr. Hull of the 104th:
A bill to revise comprehensively the laws relating to subpoenas and other like processes; and for other purposes.

The Speaker has appointed on the part of the House the following members:

Messrs. Lee of the 79th, Levitas of the 118th and Elliott of the 107th.

The following resolution of the Senate was taken up for the purpose of con sidering the report of a Committee of Conference thereto:

SR 70. By Senators Smith of the 18th, Adams of the 26th, Carter of the 14th, Tribble of the 3rd, Seareey of the 2nd and Downing of the 1st:
A resolution authorizing and directing the Georgia Ports Authority to execute a local assurer agreement with the United States Corps of Engineers and the County of Chatham; and for other purposes.

The report of the Committee of Conference was as follows: Mr. President: Mr. Speaker: The Conference Committee on SR 70 recommends the following: (1) That the Senate recede from its position and (2) That the House Committee Substitute be adopted.

FRIDAY, FEBRUARY 18, 1966

1553

This 18th day of February, 1966. Respectfully submitted, On Behalf of the House of Representatives: /s/ Willis J. Richardson, Jr. Representative, 116th District /s/ J. Roy McCracken Representative, 49th District /s/ Thomas B. Murphy Representative, 26th District On Behalf of the Senate: /s/ William A. Searcey Senator, 2nd District

Senator Smith of the 18th moved that the Senate disagree to the report of the Committee of Conference to SR 70, that the Committee of Conference be dis charged and a new committee appointed.
On the motion, the ayes were 30, nays 0.
The motion prevailed, and the president appointed as a new Committee of Conference the following:
Senators Tribble of the 3rd, Holloway of the 12th and Plunkett of the 30th.
HB 146. By Messrs. Smith of the 85th, Smith of the 114th and Drew of the 116th: A bill to amend Georgia Code Section 13-9933, which prohibits the making or delivery of a worthless check, draft or order for the payment of money, as amended, so as to provide that whenever the money, good, other property of value, wages or salary obtained has a value in excess of $50.00, then the crime shall constitute a felony; and for other purposes.
The Committee on Judiciary offered the following substitute:
A BILL
To be entitled an act to provide that whoever moves or travels from the territorial limits of this State with intent to avoid prosecution for the commission of an offense punishable under the laws of this State

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JOURNAL OF THE SENATE,

shall be guilty of a felony; to provide for penalties; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Whoever moves or travels from the territorial limits of this State with intent to avoid prosecution for the commission of an offense punishable under the laws of this State shall be guilty of a felony, and upon conviction thereof shall be punished by confinement in the penitentiary for not less than one nor more than two 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 34, nays 3, and the substi tute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the ayes were 33, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed, as amended, the following bills of the Senate:

SB 35. By Senator Johnson of the 38th and others:
A bill amending the Charter of the City of Atlanta with reference to annexation and extending the corporate limits of the City of Atlanta; and for other purposes.

SB 173. By Senators Carter of the 14th and Rowan of the 8th:
A bill amending the act requiring the State Auditor to establish an equalized adjusted school property tax digest; and for other purposes.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

FRIDAY, FEBRUARY 18, 1966

1555

SB 157. By Senators Padgett of the 23rd and Holley of the 22nd:
A bill to provide that in all counties of this State having a certain popu lation the senior judge of the superior court of said counties shall be authorized and empowered to appoint a jury clerk to serve at the pleasure of said judge; and for other purposes.

The House amendment was as follows:
Fleming of the 106th, DeLong of the 105th, Hull of the 104th, Simpkins of the 106th, Snellings of the 104th and Sherman of the 105th move to amend SB 157 as follows:
By renumbering Sections 2 and 3 as Sections 4 and 5.
By inserting following Section 1 the following new Sections:
"Section 2. All prospective jurors in such counties shall be re quired to answer questionnaires as may be determined and sub mitted by said senior judge of such counties concerning their quali fications as jurors.
"Section 3. In the event any such person fails or refuses to answer such questionnaire, the aforesaid jury clerk shall report such failure or refusal to the court, together with the facts concerning the same, and the court shall have such jurisdiction as is now pro vided by law for subpoena, attachment, and contempt powers."

Senator Padgett of the 23rd moved that the Senate agree to the House amendment to SB 157.

On the motion, the ayes were 34, nays 0.

The motion prevailed, and the House amendment was agreed to.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 173. By Senators Carter of the 14th and Rowan of the 8th: A bill to amend an act requiring the State Auditor to establish an equalized adjusted school property tax digest, approved March 18, 1964 (Ga. Laws 1964, p. 706); and for other purposes.

The House amendment was as follows: Mr. Parker of 55th moves to amend SB 173 as follows:

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By striking from the title the words "except timberland" where said words appear between the word "property" and the word "provided".

By striking from the title the following:

"to provide that in establishing the average ratio of assessed value to true value applicable to any county property and the equal ized adjusted school property tax digest of any county, the State Auditor shall appraise and evaluate timberland on the basis of the fair market value of the land and the annual growth factor incre ment increase, rather than the value of the land and the standing timber on the land;".

By striking from the first quoted paragraph of Section 1 the words "except timberland" where said words appear between the word "prop erty" and the word "provided".

By inserting at the end of the first quoted paragraph of Section 1 a quotation mark and by striking in its entirety the last quoted para graph of Section 1.
Mr. Egan of the 141st moved to amend SB 173 by striking the pro viso at the end of the first paragraph added by Section 1 and substi tuting therefor the following:
"provided the number of sales price data shall to the extent available be at least one half of the data used in establishing such ratio and equalized adjusted school property tax digest."

Senator Carter of the 14th moved that the Senate agree to the House amendment to SB 173.

On the motion, the ayes were 34, nays 1. The motion prevailed, and the House amendment was agreed to.

HE 297. By Messrs. Cook of the 123rd, Lambros of the 130th, Egan of the 141st, Carnes of the 129th, Adams of the 125th and others: A resolution to establish a Metropolitan Area Water Quality Control Commission to study the desirability and Feasibility of consolidating the efforts and management of the several Water Pollution Control Opera tions in the area; and for other purposes.
The Committee on Rules offered the following amendment:
Senator Miller of the 43rd District moves to amend HR 297:

FRIDAY, FEBRUARY 18, 1966

1557

By adding after the words "be appointed by" in the 8th line of Section 1, the following words "the Chairman of the DeKalb County Commission of Roads and Revenues and confirmed by"

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 as amended, 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 was amended.
HB 336. By Messrs. Wells of the 30th, Moore of the 20th, Matthews and Bedgood of the 29th and others:
A bill to amend Code section 26-2603, relating to the larceny of certain motor vehicles, so as to provide for a new definition of motor vehicles covered under the provisions of this act; to provide that the theft of parts of these vehicles shall also be a crime; and for other purposes.

Senator Broun of the 46th offered the following amendment:
Amend HB 336 by adding to the new Code Section 26-2603 a new Subsection to be designated Subsection (c) to read as follows:
"(c). Procedure for Determining Sentence.
(1) Indictment. The indictment charging any offense under this Section shall contain the same allegations as prior to the adoption of this Act.
(2) Method for Establishing Sentence.
a. Jury Trials. The jury shall first make a determination as to the guilt or innocence of the defendant. Upon such a determina tion, the foreman of the jury shall so report the same to the judge. In the event such determination is that the defendant is guilty of the offense charged, then the judge shall recall the jury and the solicitor shall present eviednce as to the sentence to be imposed. Such evidence shall consist of whether the defendant has been previously convicted of the larceny of any motor vehicle as provided in this act and, in the event this be the case, whether the current offense is the second, third or subsequent offense of the defendant.

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In the event the solicitor proves that the defendant has been pre viously convicted, then the judge shall charge the jury that in setting sentence if this be the defendant's second conviction they shall set a sentence for a determinate number of years, not less than five nor more than ten years. In the event such conviction is the third or any subsequent conviction for the defendant, then the judge shall charge the jury that in setting the sentence the jury shall set the sentence for a determinate number of years not less than ten nor more than twenty years. In the event the solicitor fails to prove that the defendant has been previously convicted as provided herein then the judge shall charge the jury that, in de termining sentence, the sentence shall be for a specific number of years not less than three nor more than seven years, provided that the jury may recommend that the same be punished as for a misdemeanor.
The defendant shall have the right to challenge or impeach any evidence that the solicitor may present as provided in this Subsection in the same manner as with other evidence on the prin cipal issue of guilt.
b. Non-Jury Trials. Upon the judge making a determination that the defendant is guilty then the solicitor shall present evidence as to any previous convictions for the same type crime as provided in jury trials and the defendant shall have the same right to chal lenge or impeach such evidence as in jury trials. Upon a determina tion by the judge that the defendant has been previously convicted in accordance with this Subsection, then he shall impose sentence for a specific number of years in the same manner as provided for with jury trials. For a first offense the sentence shall be not less than three nor more than seven years, for a second offense not less than five nor more than ten years and for a third or subsequent offense not less than ten nor more than twenty years. Provided, however, that in the case of first offenders, the judge may punish the defendant as for a misdemeanor and in the case of jury trials where the jury recommends the defendant be punished as for a misdemeanor, the judge may ignore or accept such recommendation and, in the event he accepts such recommendation, he shall sentence the defendant accordingly. In the event he rejects such recommenda tion, he shall set the sentence for a specific term of years, not less than three nor more than seven years."

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, was agreed to as amended.

On the passage of the bill, the ayes were 32, nays 5.

The bill, having received the requisite constitutional majority, was passed as amended.

FRIDAY, FEBRUARY 18, 1966

1559

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 35. By Senator Johnson of the 38th and others:
A bill amending the charter of the City of Atlanta with reference to annexation and extending the corporate limits of the City of Atlanta; and for other purposes.

The House amendment was as follows:
Mr. Lea of the 126th moves to amend SB 35 as follows:
By changing the period at the end of Section 2 to a comma and in serting thereafter the following:
"Provided, however, that some portion of the above described property legally abuts the city limits of the City of Atlanta."

Senator Wesberry of the 37th moved that the Senate agree to the House amendment to SB 35.

On the motion to agree, the president ordered a call of the roll, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballew Bateman Broun Carter Flowers

Gayner Holloway Jackson Rowan Smalley

Spinks Tribble Ward Webb Young

Those voting in the negative were Senators:

Adams Downing Edenfield Eldridge Fincher of 51st Foster Gillis Gregory Hall Hill

Holley Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller

Moore McKenzie Owens Padgett Plunkett Salome Searcey Smith Thompson

By unanimous consent, verification of the roll call was dispensed with.

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On the motion to agree, the ayes were 15, nays 29, and the motion was lost.

Senator Wesberry of the 37th 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 the following:

Senators Johnson of the 38th, Maclntyre of the 40th and Wesberry of the 37th.
HB 48. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th: A bill to amend an act authorizing the State Personnel Board to provide a Health Insurance Plan for State employees, so as to remove the pro vision excluding coverage of certain dental care; and for other purposes.

Senator Noble of the 19th offered the following amendment:
Amend HB 48 by adding at the end of the quoted Subsection (c) as the same appears in Section 3, the following:
"The employee and covered dependents will be provided with benefits in full or in an amount which when added to the benefits payable under the medical care for the aged program of the Social Security Administration shall not exceed 100 per cent of the allow able expenses."
On the adoption of the amendment, the ayes were 35, nays 0, and the amend ment was adopted.

Senator Minish of the 48th offered the following amendment:
Amend HB 48 by striking in section 1, line 5, after the words (Ga. Laws 1964, p. 196) the remaining part of section 1. Section 2 will be renumbered section 1, section 3 will be renumbered section 2 and section 4 will be renumbered section 3.
On the adoption of the amendment, a call of the roll was ordered, and the vote was as follows:

FRIDAY, FEBRUARY 18, 1966

1561

Those voting in the affirmative were Senators:

Adams Bateman Broun Carter Coggins Fincher of 51st Foster Gayner

Gregory Holley Lee Miller Minish Plunkett Rowan Sanders

Searcey Smith Spinks Thompson Tribble Wesberry Young

Those voting in the negative were Senators:

Dean Downing Gillis Hill

Jackson Johnson Kendrick Kidd

Kilpatrick Owens Padgett Webb

On the adoption of the amendment, the ayes were 23, nays 12, and the amendment was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, the ayes were 38, nays 2.

The bill, having received the requisite constitutional majority, was passed as amended.
HR 62. By Mr. Dean of the 20th:
A resolution authorizing the conveyance of certain real property owned by the State Highway Department, and located in East Point Georgia, so as to provide that the proceeds therefrom shall be paid to the treasurer of the State Highway Department; and for other purposes.

Senator Thompson of the 34th offered the following amendment:

Amend HR 62 by adding a new section:
Be it further resolved that the State Highway Department of Georgia be directed to negotiate with the City of East Point, Georgia for the sale of this property to the City of East Point, Georgia and authorize to negotiate a fair price for the purchase of said property by the said city.

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JOURNAL OP THE SENATE,

On the adoption of the amendment, the ayes were 46, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

On the adoption of the resolution, the ayes were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended .
The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:
SB 56. By Senators Broun of the 46th and Plunkett of the 30th: A bill to amend Code chapter 32-5, relating to the State Superintendent of Schools, as amended, so as to fix the compensation of the State Superintendent of Schools; to exempt the State School Superintendent from the operation of certain acts relating to uniform salaries of certain State officials; and for other purposes.

The House substitute was as follows:
A BILL
To be entitled an Act To amend Code Chapter 32-5, relating to the Superintendent of Schools, as amended, so as to fix the compensation of the State Superintendent of Schools; to exempt the State School Superintendent from the operation of certain acts relating to uniform salaries of certain State officials; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Chapter 32-5, relating to the State Superintendent of Schools, as amended, is hereby amended by adding a new Code Section to be known as Section 32-510 to read as follows:
"32-510. The State Superintendent of Schools shall be com pensated in the amount of $22,500.00 per annum to be paid in equal monthly or semi-monthy installments. He shall also be reimbursed for his expenses incurred in connection with the official duties of his office."
Section 2. The following Acts are amended or repealed in the following manner as hereinafter set out:

FRIDAY, FEBRUARY 18, 1966

1563

(a) An Act relating to uniform salaries of certain elected and appointed officials approved March 25, 1947 (Ga. Laws 1947, p. 673), as amended, is hereby amended by striking from the title and Section 1 of said Act, the words "State Superintendent of Schools."

(b) An Act relating to uniform salaries of certain elected and appointed officials approved March 12, 1953 (Ga. Laws 1953, JanFeb. Sess., p. 613), as amended, is hereby amended by striking from the title and Section 1 of said Act, the words "Superintendent of Schools".
(c)An Act entitled "An Act to amend Code Section 32-511, relating to the compensation of the State Superintendent of Schools, so as to change the compensation; to repeal conflicting laws, and for other purposes", approved March 24, 1960 (Ga. Laws 1960, p. 1184), is hereby repealed in its entirety.

Section 3. This Act shall become effective upon its approval by the Governor or otherwise becoming law.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Broun of the 46th moved that the Senate agree to the House substitute to SB 56.

On the motion to agree, the ayes were 36, nays 0.

The motion prevailed, and the House substitute was agreed to.

The following resolution of the Senate was taken up for the purpose of considering a House amendment thereto:

SR 64. By Senator Wesberry of the 37th, Sanders of the 41st, Coggin of the 35th and others:
A resolution to establish a local Government Commission in Atlanta, Fulton and DeKalb Counties for the purpose of improving local govern ments and providing greater efficiency and economy; and for other purposes.

The House amendment was as follows:
THE LOCAL AFFAIRS COMMITTEE OF THE HOUSE OF REPRESENTATIVES MOVES TO AMEND SENATE RESOLUTION 64 (as substituted) IN THE FOLLOWING MANNER:

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By striking the word and figures "eighteen (18)" which are situated between the words "of" and "members" the same being situated in the third sentence of Section 1 of said resolution and inserting in lieu thereof the following: "nineteen (19)" also:

By striking the words "Fulton County." situated as the last two words in the fifth sentence of Section 1 of said resolution, and inserting in lieu thereof the words "that Senatorial District." also:

By adding a sentence immediately subsequent to the fifth sentence of Section 1 and immediately before the sixth sentence of Section 1 which begins "one member" by adding a new sentence to read; "one member from Fulton County shall be appointed by the three Countyat-large. House Members."

Senator Wesberry of the 37th moved that the Senate agree to the House amendment to SR 64.

On the motion, the ayes were 42, nays 0.

The motion prevailed, and the House amendment was agreed to.

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House insists on its position and respectfully requests that a Committee of Conference be appointed on the following Bill of the Senate:

SB 35. By Senators Johnson of the 38th, Maclntyre of the 40th, Wesberry of the 37th and others:
A bill to amend an act establishing a new Charter for the City of Atlanta, so as to extend the corporate limits; and for other purposes.

The Speaker has appointed on the part of the House the following members:

Messrs. Hood of the 124th, Dillon of the 128th and Carnes of the 129th.

HR 20. By Messrs. Clarke of the 45th, NeSmith of the 43rd; Blalock of the 33rd and others: A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize the General Assembly to create public corporations with the power to

FRIDAY, FEBRUARY 18, 1966

1565

issue revenue obligations for the purpose of developing industrial facilities and to empower the General Assembly to authorize the various counties, municipalities and political subdivisions to issue revenue obli gations for such purposes; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1

Article VII of Section VII of the Constitution is hereby amended by inserting between Paragraphs V and VI, a new Paragraph to be numbered Paragraph VA and to read as follows:

"Paragraph VA. Revenue Obligations Authorized. The General Assembly may authorize any county, municipal corporation, or political subdivision, or may itself create and authorize any public corporation or authority, to issue revenue obligations for the public purposes hereinafter set forth. When such revenue obligations are issued in compliance with the requirements of the General Assembly such obligations shall not constitute indebtedness within the mean ing of Section VII of this Article. Revenue obligations may be issued to finance the cost of land, buildings, facilities, machinery or equipment to be sold or leased to a private business in the establishment of a new plant or in the expansion of an existing facility, and also for industrial development purposes as may be defined and authorized by law. The General Assembly may authorize local taxation for industrial development purposes, as defined and authorized by law but such taxation by any county, municipal corporation or other political subdivision shall not exceed two mills annually and the proceeds of such tax not be used for the repay ment of any revenue obligation incurred for such purpose."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to create public corporations with the power to issue revenue obligations for the
NO ( ) purpose of developing industrial facilities and to em power the General Assembly to authorize the various counties, municipalities and political subdivisions to issue revenue obligations for such purposes?"

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying 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 returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Ballew Bateman Broun Carter Coggin Dean Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory Hall

Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Minish Moore McGill McKenzie

Noble Owens Padgett Pennington Plunkett Rowan Smalley Smith Tribble Ward Webb Wesberry Yancey Young

Those voting in the negative was Senator Downing:

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 48, nays 1.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

FRIDAY, FEBRUARY 18, 1966

1567

HR 28. By Mr. Carley of the 117th:

A RESOLUTION

Proposing an amendment to Article VI, Section XI, Paragraph 1 of the Constitution of Georgia, relating to the office and election of solicitors general, so as to provide that each solicitor general shall be elected only by the electors of the circuit for which such solicitor general shall serve; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SECTION 1

Article VI, Section XI, Paragraph I of the Constitution of Georgia, relating to the office and election of solicitors general, is hereby amended by striking from said Paragraph the words "whole state", and inserting in lieu thereof the words "circuit wherein the solicitor general is to serve, who are", so that when so amended, Article VI, Section XI, Paragraph I shall read as follows:

"Paragraph I. Number; term of office; vacancies. There shall be a solicitor general for each judicial circuit, whose official term (except to fill a vacancy) shall be four years. The successors of present and subsequent incumbents shall be elected by the electors of the circuit wherein the solicitor general is to serve, who are qualified to vote for members of the General Assembly, at the general election held next preceding the expiration of their respec tive terms, Every vacancy occasioned by death, resignation, or other cause shall be filled by appointment of the Governor, until the first day of January after the general election held next after the expiration of 30 days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to provide that solicitors general shall be elected only by the
NO ( ) electors residing in the circuit in which the solicitor general is to serve?"

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying 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 51st Fincher of 54th Flowers Foster Gayner Gillis

Gregory Hall Holley Holloway Jackson Johnson of 38th Kendrick Kidd Kilpatrick Lee Maclntyre Miller Minish Moore McKenzie Noble

Owens Padgett Pennington Plunkett Rowan Sanders Searcey Smith Spinks Tribble Ward Webb Wesberry Yancey Young

Those voting in the negative was Senator Loggins:

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 48, nays 1.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

FRIDAY, FEBRUARY 18, 1966

1569

HR 29. By Mr. Carley of the 117th:

A RESOLUTION

Proposing an amendment to Article VI, Section III, Paragraph II of the Constitution of Georgia, relating to the office and election of superior court judges, so as to provide that each superior court judge shall be elected only by the electors of the circuit for which such superior court judge shall serve; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1

Article VI, Section III, Paragraph II of the Constitution of Georgia, relating to the office and election of superior court judges, is hereby amended by striking from said Paragraph the words "whole state", and inserting in lieu thereof the words "circuit wherein the superior court judge is to serve, who are", so that when so amended, Article VI, Section III, Paragraph II shall read as follows:

Paragraph II Elections, when to be held. The successors to the present and subsequent incumbents shall be elected by the electors of the circuit wherein the superior court judge is to serve, who are entitled to vote for members of the General Assembly, at the general election held for such members, next preceding the expiration of their respective terms.

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to provide that superior court judges shall be elected only by
NO ( ) the electors residing in the circuit in which the superior court judge is to serve?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying 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

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JOURNAL OP THE SENATE,

returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Carter Coggin Dean Downing Edenfield Eldridge Fincher of 54th
Flowers Foster Gayner Gillis Gregory Hall Hill

Holley Holloway Jackson Johnson of 38th Kidd
Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie Noble

Padgett Pennington Plunkett Rowan Sanders Searcey Smalley Smith
Spinks Tribble Ward Webb Wesberry Young

Those voting in the negative was Senator Ballew:

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 44, nays 1.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 166. By Messrs. Richardson of the 116th, Smith of the 3rd and Jones of the 109th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that a person shall be entitled to register and vote at any election by the people if he has resided in this State at least one year immediately

FRIDAY, FEBRUARY 18, 1966

1571

preceding the election in which he seeks to vote, and shall have resided in the county in which he offers to vote in such election at least six (6) months immediately preceding such election, except that the General Assembly may provide shorter periods of State and county residence for persons to be allowed to vote for presidential and vice-presidential electors and shorter periods of county residence for persons to be allowed to vote for Governor and Lieutenant Governor; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The Constitution of Georgia is hereby amended by striking Article II, Section I, Paragraph III and inserting in lieu thereof a new Paragraph III to read as follows:

"Paragraph III. WHO ENTITLED TO REGISTER AND VOTE. To entitle a person to register and vote at any election by the people, he shall have resided in the State at least one year im mediately preceding the election he offers to vote in such election at least six (6) months immediately preceding such election, except that the General Assembly may provide, by general law, shorter periods of State and county residence for persons to register and vote for presidential and vice-presidential electors when such persons are not eligible to vote for them elsewhere, and may provide, by general law, shorter periods of county residence for person to register and vote for Governor and Lieutenant Governor when such persons are not eligible to vote for them elsewhere."

Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to allow the General Assembly to set different residence re-
NO ( ) quirements for persons to be eligible to vote in national elections and State elections?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying 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 returns for elections for members of the General Assembly, and it shall

1572

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be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Bateman Broun Carter Coggin Dean Eldridge Fincher of 51st Fincher of 54th Foster Gayner Gillis Gregory Hall Htll Holley

Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Minish Moore Noble Owens Pennington

Plunkett Rowan Salome Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Wesberry Yancey Young

Those voting in the negative were Senators:

Downing Edenfield

Flowers Miller

McGill Padgett

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
On the adoption of the resolution, the ayes were 44, nays 6.

By unanimous consent, verification of the roll call was dispensed with.

HR 299. By Mr. Harris of the 118th:
A RESOLUTION
To be entitled an Act to amend a Resolution proposing an amend ment to Article XV of the Constitution providing home rule for counties, adopted at the 1965 Regular Session of the General Assembly (Resolu-

FRIDAY, FEBRUARY 18, 1966

1573

tion Act No. 81, Ga. Laws 1965, p. 752), so as to provide that the powers granted by said amendment shall be cumulative of all powers heretofore granted to counties and shall not operate to repeal existing local constitutional amendments; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SECTION 1

A Resolution proposing an amendment to Article XV of the Consti tution providing home rule for counties, adopted at the 1965 Regular Session of the General Assembly (Resolution Act No. 81, Ga. Laws 1965, p. 752), is hereby amended by adding a new Paragraph after Paragraph 4. of the quoted Section 2., Paragraph 1. as the same appears in Section 1. of said 1965 amendatory resolution, to be known as Paragraph 5., to read as follows:

"Paragraph 5. The powers granted by this amendment shall be cumulative of all powers heretofore granted to counties by the Constitution of Georgia of 1945 and amendments thereto and this amendment shall not operate to repeal any existing local constitu tional amendments."

SECTION 2

All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Bateman Broun Carter Coggin Dean Downing Eldridge Fincher of 51st Fincher of 54th Flowers

Foster Gayner Gillis Gregory Hall Hill Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick

Kilpatrick Lee Loggins Maclntyre Minish McGill Noble Owens Padgett Plunkett Rowan

1574
Searcey Smalley Smith Spinks

JOURNAL OF THE SENATE,

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 44, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 149. By Messrs. Farrar and Walling of the 118th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the indemnifying of a private citizen for personal injury or damage to his property sustained in preventing the commission of a crime against the person or property of another, in apprehending a criminal, or in materially assisting a peace officer in prevention of a crime or apprehension of a criminal and for the indemnifying of a private citizen whose spouse or minor child is killed in preventing the commission of a crime against the person or property of another, in apprehending a criminal, or in materially assisting a peace officer in preventing of a crime or apprehension of a criminal; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section I, Paragraph II of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows:
"Notwithstanding any other provisions of this Constitution, the General Assembly is hereby authorized to provide by law for the indemnifying of a private citizen for personal injury or damage to his property sustained in preventing the commission of a crime against the person or property of another, in apprehending a criminal, or in materially assisting a peace officer in prevention of a crime or apprehension of a criminal and for the indemnifying of a private citizen who spouse or minor child is killed in preventing the commission of a crime against the person or property of an other, in apprehending a criminal, or in materially assisting a peace officer in prevention of a crime or apprehension of a criminal.

FRIDAY, FEBRUARY 18, 1966

1575

Such law may provide for the method of payment of such indemni fication and all other matters relative to the purpose herein pro vided. The General Assembly is hereby authorized to appropriate State funds for the payment of such indemnification and for the purpose of implementing any law as authorized by this paragraph."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branchs 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 authorize the General Assembly to provide by law for the in demnifying of a private citizen for personal injury or damage to his property sustained in preventing the commission of a crime against the person or property of another, in apprehending a criminal, or in materially
NO ( ) assisting a peace officer in prevention of a crime or apprehension of a criminal and for the indemnifying of a private citizen whose spouse or minor child is killed in preventing the commission of a crime against the person or property of another, in apprehending a criminal, or in materially assisting a peace officer in prevention of a crime or apprehension of a crim inal?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying 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 Johnson of the 42nd offered the following substitute:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the indemnification with respect to death, personal injury or property damage sustained in pre venting the commission of a crime against the person or property of another, in apprehending a criminal, or in materially assisting a peace

1576

JOURNAL OP THE SENATE,

officer in prevention of a crime or apprehension of a criminal; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph II of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows:

"Notwithstanding any other provisions of this Constitution, the General Assembly is hereby authorized to provide by law for the indemnification with respect to death, personal injury or property damage sustained in preventing the commission of a crime against the person or property of another, in apprehending a criminal, or in assisting a peace officer in prevention of a crime or apprehension of a criminal. Such law may provide for the method of payment of such indemnification and all other matters relative to the pur poses herein provided. The General Assembly is hereby authorized to appropriate State funds for the payment of such indemnification and for the purpose of implementing any law as authorized by
this paragraph."

Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution
of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the in demnification with respect to death, personal injury or property damage sustained in preventing the com-
NO ( ) mission of a crime against the person or property of another, in apprehending a criminal, or in materially assisting a peace officer in prevention of a crime or apprehension of a criminal?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying 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.

FRIDAY, FEBRUARY 18, 1966

1577

On the adoption of the substitute, the ayes were 46, nays 0, and the sub stitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to by substitute.

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 Carter Coggin Dean Downing Edenfield Eldridge Fincher of 54th Flowers Foster Gayner Gillis Gregory 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 Searcey Smalley Smith Spinks Thompson Tribble Ward
Webb Yancey Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 46, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted by substitute.
HR 78. By Mr. Williams of the 82nd: A resolution authorizing the conveyance of certain tracts of stateowned property to the City of Douglas; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 39, nays 0.

1578

JOURNAL OF THE SENATE,

The resolution, having received the requisite constitutional majority, was adopted.

HE 112. By Mrs. Meritt of the 68th and Mr. Blair of the 68th:
A resolution authorizing the conveyance of a certain tract of stateowned 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 41, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
The following bill of the Senate was taken up for the purpose of considering the report of a Committee of Conference thereto:

HB 243. By Mr. Hull of the 104th:
Mr. President:
Mr. Speaker:
The Conference Committee on HB 243 recommends the following:
1. That the Senate and House recede from their positions relative to Subsection (d) of Section 1 and that the following language be inserted between the word "thereof" and the word "fees" as they ap pear in the last sentence of said Subsection (d) "or a defendant in a criminal case";
2. that the Senate recede from its position relative to Section 2; and
3. that the House recede from its position relative to Subsection (f) of Section 3.
Respectfully submitted,
/s/ B. Avant Edenfield Senator, 4th District
/s/ Kenneth Kilpatrick Senator, 44th District
/s/ Kyle Yancey Senator, 33rd District

FRIDAY, FEBRUARY 18, 1966

1579

/s/ James Sewell Elliott Representative, 107th District
Isl William S. Lee Representative, 79th District
/s/ Elliott H. Levitas Representative, 118th District

Senator Smalley of the 28th moved that the Senate adopt the report of the Committee of Conference to HB 243.

On the motion, the ayes were 40, nays 0.

The motion prevailed, and the report of the Committee of Conference was adopted.

HR 287. By Messrs. McCracken of the 49th, Phillips of the 41st, Sherman and DeLong of the 105th, Dollar of the 89th and others:
A resolution creating the Rivers and Harbors Development Commission of the State of Georgia; and for other purposes.

Senator Smith of the 18th offered the following amendment:
Amend HR 287 by adding at the end "Provided that the cost in curred by any of the above agreements and contracts shall be paid from funds of the Georgia Ports Authority."

On the adoption of the amendment, the ayes were 34, anys 0, and the amend ment was adopted.

Senator Carter of the 14th offered the following amendment:
Amend HR 287 by adding at the end:
No pay or emoluments shall be received by the members for service on this commission.

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 33, nays 0.

1580

JOURNAL OF THE SENATE,

The resolution, having received the requisite constitutional majority, was adopted as amended.

HR 30. By Mr. Gaissert of the 34th:
A resolution to relieve Otis David Hatchett as surety on an appearance bond and to cancel a fi. fa. issued against him; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 34, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HR 31. By Messrs. Gaissert and Melton of the 34th: A resolution to relieve A. J. Martin as surety on an appearance bond and to cancel a fi. fa. issued against him; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 38, the nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HR 123. By Mr. Smith of the 54th: A resolution authorizing the conveyance of a certain tract of land in Emanuel County; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 35, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

FRIDAY, FEBRUARY 18, 1966

1581

HE 153. By Messrs. Dollar and Conger of the 89th:
A resolution authorizing the Governor to execute a permanent ease ment in behalf of the State of Georgia over certain property located in Bainbridge State Park, Decatur County, Georgia, to the United States of America, to be used in connection with the Jim Woodruff Dam and Reservoir; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HR 167. By Mr. Fleming of the 106th: A resolution relative to a monument for the 1st Calvary Division; and and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 31, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HR 202. By Mr. Gignilliat of the 113th: A resolution authorizing the conveyance of an easement over, across and through certain real property owned by the State of Georgia in Chatham 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 28, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

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JOURNAL OF THE SENATE,

HR 285. By Messrs. Newton and Lewis of the 50th:
A resolution to authorize the Governor to execute a deed conveying a tract of land now owned by the State, located in Jenkins County, to be used by the Dept. of the Interior, Fish and Wildlife Service, for the purpose of constructing fish hatcheries; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the ayes were 41, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HR 347. By Mr. Smith of the 90th: A resolution authorizing the conveyance of a certain tract of stateowned property to Grady 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 34, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HR 348. By Mr. Hawkins of the 139th: A resolution authorizing the transfer of certain real property located in Fulton 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 34, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HB 15. By Mr. Westlake of the 119th: A bill to amend an act relating to the examination of certain applicants for licenses issued by the Insurance Commissioner so as to exempt ap-

FRIDAY, FEBRUARY 18, 1966

1583

plicants for certain of such licenses who have successfully completed certain of the examinations given by the Society of Chartered Property and Casualty Underwriters; and for other purposes.

The report 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 17. By Messrs. Levitas and Harris of the 118th and Harris of the 85th:
A bill to create a commission to be known as the "Law Revision Com mission"; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 36. By Messrs. Murphy of the 26th, Matthews of the 29th, Paris of the 23rd and Overby of the 16th: A bill to amend Code Title 27, relating to criminal procedure, so as to delete therefrom the requirement that a jury be present in order that an appearance bond or recognizance may be forfeited; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 39. By Messrs. Harris and Farrar of the 118th, McDaniell of the 101st, Simkins of the 106th, Carley of the 117th and Jones of the 112th:
A bill to amend an act known as the "Employment Security Law," so as to provide that service performed by a licensed real estate sales-

1584

JOURNAL OF THE SENATE,

man for remuneration solely by way of commission shall not be deemed "employment" within the meaning of 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 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 42. By Messrs. Carley, Malone and Palmer of the 117th and Harris of the 118th:
A bill to amend an act relating to the corporation laws of the State, so as to change the time when advertisements shall appear after the filing of the application or petition for 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 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 46. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to authorize the State Board of Education, upon agreement of the other State department or agency concerned to provide for the education of children, youth and adults who are under the custody and control of other departments and agencies of this State and located or situated in an institutional or residential facility maintained by such other department or agency; and for other purposes.

The report 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.

FRIDAY, FEBRUARY 18, 1966

1585

HB 50. By Mr. Sweat of the 83rd:
A bill to amend Code Section 27-101, relating to rewards offered by the Governor for the arrest of felons, so as to increase the reward which may be offered by the Governor in capital felonies; and for other pur poses.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 35, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 51. By Mr. Busbee of the 79th: A bill to amend an act providing revenue and a source of revenue for the purpose of paying pensions to the firemen of the State of Georgia, so as to change the amount of monthly pension benefits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 52. By Mr. Richardson of the 116th:
A bill to amend an act entitled "Georgia Water Quality Control Act", so as to authorize the State to make grants to assist in construction of water pollution control project with or without federal aid and assist ance; and for other purposes.

The report 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.

1586

JOURNAL OF THE SENATE,

HB 55. By Mr. Richardson of the 116th:
A bill to amend Code Section 92-1403, relating to the levy of a motor fuel tax and certain exemptions therefrom, so as to eliminate there from those provisions, relating to the storage capacity of certain watercraft as they pertain to the exemption of the tax on certain purchases of motor fuel 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 37, nays 2.

The bill, having received the requisite constitutional majority, was passed.

HB 60. By Messrs. Watkins of the 9th, Savage of the 58th and Holder of the 70th: A bill to authorize sterilization of certain individuals by doctors of medicine; and for other purposes.
The report 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 76. By Messrs. Harris of the 118th, Smith of the 90th, Busbee of the 79th and Hale of the 1st: A bill to amend an act providing for grants to certain incorporated municipalities of this State for the purpose of aiding in the construc tion and maintenance of streets, so as to provide for the submission of an annual audit from each such municipality to the State Auditor; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 18, 1966

1587

HB 90. By Messrs. Johnson of the 40th, Minge and Starnes of the 13th, Williams of the 16th and Matthews of the 29th and others:
A bill to repeal Code Section 68-703, relating to the maximum permis sible speed for certain vehicles; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 96. By Messrs. Busbee of the 79th, Smith of the 90th, Hale of the 1st and Harris of the 118th:
A bill to amend an act relating to items not deductible for income tax purposes, so as to provide that any property used as gambling laws of this State shall not be allowed to be depreciated in computing busi ness deductions; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 97. By Mr. Busbee of the 79th: A bill to amend an act which comprehensively revised, superseded, and modernized appellate and other post-trial procedure in civil and criminal cases, so as to clarify the provisions relating to the fee which the superior court clerk shall receive from the State Law Department for furnishing an exact copy of the record or appeal in capital felony cases; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1588

JOURNAL OP THE SENATE,

HB 98. By Messrs. Busbee of the 79th and Harris of the 118th: A bill to create the Georgia Youth 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 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 109. By Mr. Dean of the 20th: A bill to amend an act prohibiting the throwing or depositing of trash, garbage or other substances upon the public roads or public property of this State, so as to change the penalty for throwing or depositing any substances upon the public roads or property of this State; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 2.

The bill, having received the requisite constitutional majority, was passed.

HB 110. By Messrs. Bean of the 119th, Lee and Busbee of the 79th and Harris of the 118th:
A bill to amend Code Chapter 23-11 relating to the office of county surveyor, so as to provide certain qualifications for the position of county surveyor; and for other purposes.

The report 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 18, 1966

1589

HB 127. By Mr. Dean of the 20th:
A bill creating the officers of the State Highway Board so as to au thorize payment of subsistence in an amount not to exceed $1.25 per day in addition to other compensation to certain employees of the State Highway Department; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 138. By Messrs. Harrington and Chandler of the 47th and Fulford of the 67th: A bill creating a Department of Public Safety and providing for the issuance, revocation, cancellation and suspension of drivers' licenses, so as to provide for the issuance of honorary driver licenses to members and former members of the National Guard who have twenty or more years creditable service 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 1.

The bill, having received the requisite constitutional majority, was passed.

HB 164. By Messrs. Wells of the 30th, Richardson of the 116th, Jones of the 112th, Steis of the 100th and Lowrey of the 13th:
A bill to amend an act amending the adoption laws, so as to change the waiting period before final adoption; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1590

JOURNAL OF THE SENATE,

HB 198. By Mr. Hales of the 1st:
A bill to amend an act known as the "General Appropriations Act of 1965", so as to provide that the funds appropriated to the State High way Department for the year 1966, for payment of lease rental obliga tions to the State Office Building Authority, shall include the sum of $212,439 specifically designated for the payment of one year's rent on the State Highway Department Laboratory Building; and for other purposes.

The report 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, anys 0.

The bill, having received the requisite constitutional majority, was passed.

HB 199. By Mr. Hale of the 1st:
A bill known as the "State Office Building Authority Act", so as to change the definition of the word "project"; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 208. By Messrs. Egan of the 141st, Tye of the 115th, and McClatchey of the 138th: A bill to amend Title 92 (Public Revenue), so as to amend Code Section 92-3103 as to when fiduciaries and beneficiaries are taxable and when they are relieved from tax on income of estates of trusts and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.

The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 18, 1966

1591

HB 226. By Mr. McClatchey of the 138th:
A bill to amend Code Section 56-1022 relating to eligible investments of domestic insurers, so as to provide that mortgage loans on single family residential dwellings may not exceed eighty percent of the value of the real property or leasehold securing 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 37, nays 2.

The bill, having received the requisite constitutional majority, was passed.

HB 233. By Mr. Watkins of the 9th: A bill to amend Code Chapter 84-9 relating to the creation of the State Board of Medical Examiners, so as to provide persons wishing to obtain a license to practice medicine shall furnish satisfactory evidence of having completed one year of training as an intern in a hospital in good standing with the State Board of Medical Examiners; and for other purposes.
The report 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 241. By Mr. Melton of the 34th:
A bill to amend an act creating the Georgia Educational Improvement Council, so as to provide for the payment of per diem and reimburse ment of expenses of the Chairman of the State Board of Education and the Chairman of the State Board of Regents when in attendance at meetings or functions of 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 29, nays 4.

The bill, having received the requisite constitutional majority, was passed.

1592

JOURNAL OP THE SENATE,

HB 251. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend an act known as the "State Hospital Authority Act", so as to increase the amount of bonds which the State Hospital Au thority may issue; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 1.

The bill, having received the requisite constitutional majority, was passed.
HB 272. By Mr. Overby of the 16th: A bill to amend an act, relating to the procedures connected with the power of eminent domain, so as to provide a more efficient and certain method of service upon non-residents who own the property condemned; and for other purposes.
The report 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 289. By Messrs. Wilson and Henderson of the 102nd, Howard and McDaniell of the 101st and Jordan of the 103rd:
A bill to amend Code Section 47-102, relating to senatorial districts, so as to change the provisions relating to the 32nd and 33rd Districts of Cobb County; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 1.

The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 18, 1966

1593

HB 324. By Messrs. Newton of the 94th, Marshall of the 30th, Lowery of the 13th, Collins of the 88th and others:
A bill to amend an act known as the "Structural Pest Control Act", so as to provide for the election of a Vice-Chairman from the member ship of the 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 34, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 560. By Messrs. Newton of the 94th, Marshall of the 39th and Lowrey of the 13th: A bill to amend an act known as the "Georgia Biological Permit Act", by striking the entire act and enacting in lieu thereof an act to be known as "The Georgia Biologicals Permit Act of 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 36, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 572. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th, and Harris of the 118th:
A bill to provide salaries for the solicitors general of the 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 33, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1594

JOURNAL OF THE SENATE,

HB 642. By Mr. Harris of the 118th:
A bill to amend an act known as the "Georgia Administrative Pro cedure Act", so as to change the cross-reference referring to Section 14(d) as the same appears in subsection (b) of Section 18, so that said crossreference shall refer to Section 14(a) (4); and for other purposes.

The report 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 647. By Mr. Conner of the 91st:
A bill to amend Code Chapter 56-15, relating to the organization and corporate procedures of domestic stock and mutual insurers, so as to provide that no person shall sell any subscriptions for insurance securities in this State unless the insurer has applied for, received and holds authority to transact insurance in the State of Georgia from the Insurance Commissioner; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 651. By Messrs. Steis of the 100th, Floyd of the 7th, Knight of the 60th, Stalnaker of the 59th, Hawkins of the 139th and others:
A bill to amend an act creating a State Department of Veterans Service and a Director, so as to provide that the State Department of Veterans Service and the Veterans Service Board shall be authorized to apply for, accept gifts, grants and other contributions from the Federal Government; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 1.

The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 18, 1966

1595

HB 671. By Mrs. Merritt of the 68th and Mrs. Hamilton of the 137th:
A bill to amend an act creating the Georgia Art Commission, so as to expand the scope of the Georgia Art Commission to include perform ing arts; and for other purposes.

The report 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 677. By Messrs. Steis of the 100th and Minge of the 13th: A bill to amend an act reorganizing the State Department of Law, so as to provide for the reimbursement of the Attorney General for expense incurred in the performance of his duties; 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 2.

The bill, having received the requisite constitutional majority, was passed.

HB 769. By Messrs. Etheridge of the 123rd, Gates of the 123rd and others: A bill to amend an act known as the "City of Atlanta and Fulton County Recreation Authority Act", so as to redefine "project"; to provide that the Authority shall have the right to contract for the use of or to lease or sell any or all of its facilities including real property, to any persons, firms or corporations whether public or private; and for other purposes.
The report 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 11.

The bill, having received the requisite constitutional majority, was passed.

1596

JOURNAL OF THE SENATE,

Senator Miller of the 43rd asked unanimous consent that he be recorded as voting no to HB 769.

The consent was granted.

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has agreed to the Senate substitute to the following bills of the House to-wit:
HB 290. By Messrs. Minge, Lowrey and Starnes of the 13th: A bill to amend an act relating to the judges of the superior courts, providing that any judge may request any judge emeritus to serve and preside in the superior court of any county in the judicial circuit of judge making said request; and for other purposes.

HB 712. By Mr. Jones of the 76th:
A bill to amend an act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to authorize the sale of distilled spirits or alcoholic beverages for beverage purposes on the premises in certain counties and municipalities; and for other purposes.
The House has agreed to the Senate amendment to the following bill of the House to-wit:
HB 215. By Mr. McClatchey of the 138th:
A bill to amend the act approved August 20, 1927, providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees of such cities, so as to repeal the provisions providing that no person shall be granted any pension for disability until such person has been in the employment of the city for a period of 15 years; and for other purposes.

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House agrees to the Senate substitute to the following bills of the House to-wit:

FRIDAY, FEBRUARY 18, 1966

1597

HB 122. By Messrs. Brinkley and Jones of the 112th:
A bill to amend an act providing that no judgment, decree, or order of any court shall affect the title to real property until said judgment, decree, or order is recorded, so as to provide that the provisions of this Act shall also apply to writ of fieri facias handed down pursuant to any such judgment; and for other purposes.

HB 176. By Messrs. Moore of the 20th, Story of the 22nd and Parker of the 55th:
A bill to amend an act establishing a retirement system in the State Public Schools, so as to provide that word "teacher" shall also include the director and any associate directors of the Georgia Educational Improvement Council; and for other purposes.

HB 617. By Messrs. Carley, Palmer, Malone and Vaughn of the 117th, Levitas, Walling, Harris and Farrar of the 118th and others:
A bill to amend an act providing a salary for the official court reporter of the Stone Mountain Judicial Circuit, so as to increase the compen sation of the official court reporter; and for other purposes.

HB 694. By Messrs. Malone, Carley and Vaughn of the 117th, Bean, Evensen, Westlake and Higginbotham of the 119th, Walling, Harris and Levitas of the 118th: A bill to amend an act creating a board of commissioners of roads and revenues for DeKalb County, so as to increase compensation of the chairman and members of said board; and for other purposes.
The House agrees to the Senate amendments to the following bills of the House to-wit:
HB 301. By Mr. Conger of the 89th: A bill to amend Code Title 13, known as the "Banking Law" of Georgia, so as to provide for the establishment and operation of banking facilities as an expansion or extension of existing facilities; and for other pur poses.
HB 603. By Messrs. Farrar, Levitas, Walling and Harris of the 118th, Palmer, Carley, Malone and Vaughn of the 117th and others: A bill to amend an act providing for the appointment of Assistant Solicitors General of the Stone Mountain Judicial Circuit, so as to provide for the appointment of Assistants to the Solicitor General of the Stone Mountain Judicial Circuit; and for other purposes.

1598

JOURNAL OF THE SENATE,

HB 759. By Messrs. Malone and Palmer of 117th, Higginbotham, Westlake, Evensen and Bean of the 119th:
A bill to amend an act authorizing the establishment of a merit system in DeKalb County for employees and the creation of a Merit System Council so as to increase the membership of said Council from 3 to 5 members; and for other purposes.

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendments to the following bills of the House to-wit:

HB 346. By Mr. Wilson of the 109th:
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 a personal exemption of $1200 for each dependent of the taxpayer's net income if such dependent attends a school for the physically handicapped; and for other purposes.

HB 525. By Messrs. Howard of the 101st, Henderson and Wilson of the 102nd:
A bill providing for a new charter for the City of Marietta, so as to change the corporate limits of said city; and for other purposes.

HB 664. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st, and Harris of the 118th:
A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1966, and for the fiscal year ending June 30, 1967, in addition to any other appropriations heretofore or hereafter made for the operation of the agency of the State provided for herein; and for other purposes.
The House has agreed to the Senate substitute to the following bills of the House to-wit:
HB 657. By Mr. Barber of the 24th, Wiggins of the 32nd, Floyd of the 7th, Moore of the 20th, and others:
A bill to provide for equal pay for both males and females for compar able work on jobs which have comparable requirements relating to skill, effort and responsibility; to provide for a declaration of policy; and for other purposes.'

FRIDAY, FEBRUARY 18, 1966

1599

HB 13. By Messrs. Lambros of the 130th, Dillon of the 128th, Hood of the 124th, McClatchey of the 138th and others:
A bill establishing a Municipal Court of the City of Atlanta, so as to provide for a standard and uniform cost bill; 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 Substitute the following resolution of the Senate to-wit:

SR 47. By Senator Yancey of the 33rd: A resolution proposing an amendment to the Constitution so as to provide that the members of the Board of Education of Cobb County shall be elected in the same manner as county officers; and for other purposes.
The House has passed by amendment the following bill of the Senate to-wit:

SB 38. By Senator Webb of the llth:
A bill to provide procedures for searches and seizures and for suppression of evidence illegally seized; and for other purposes.

The following bill of the Senate was taken up for the purpose of considering House action thereto:
SB 38. By Senator Webb of the llth: A bill to provide procedures for searches and seizures and for sup pression of evidence illegally seized; and for other purposes.

The House amendment was as follows:
Mr. Bagby of the 21st moved to amend SB 38 by adding a new sentence at the end of section 4 to read as follows:
"Provided, however, said judicial officer shall keep a docket record of all warrants issued by him and upon issuing any warrant he shall immediately record same within a reasonable time on said docket.

1600

JOURNAL OF THE SENATE,

Senator Webb of the llth moved that the Senate agree to the House amend ment to SB 38.

On the motion, the ayes were 35, nays 1.

The motion prevailed, and the House amendment was agreed to.

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 resolution of the House to-wit:

HR 297. By Messrs. Cook of the 123rd, Lambros of the 130th, and others:
A resolution to establish a Metropolitan Area Water Quality Control Commission to study the desirability and feasibility of consolidating the efforts and management of the several Water Pollution Control Opera tions in the area; and for other purposes.

The House has disagreed to the Senate amendments to the following bills of the House:

HB 369. By Mr. Lovell of the 6th:
A bill amending the act authorizing the State Game and Fish Commission to appoint deputy wild life rangers; and for other purposes.

HB 421. By Messrs. Mauldin of the 18th, Blalock of the 33rd, and others: A bill to provide for regulation of perpetual care and endowment care cemeteries; 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 and respectfully requests that a Committee of Conference be appointed on the following bill of the House:

HB 369. By Mr. Lovell of the 6th:
A bill to amend an act superseding and consolidating the laws relating to the State Game and Fish Commission; to authorize the State Game

FRIDAY, FEBRUARY 18, 1966

1601

and Fish Commission to appoint deputy wildlife rangers of the Stateat-Large; and for other purposes.

The Speaker has appointed on the part of the House the following members:
Messrs. Caldwell of the 51st, Dickenson of the 27th and Lovell of the 6th.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 369. By Mr. Lovell of the 6th:
A bill to amend an act superseding and consolidating the laws relating to the State Game and Fish Commission, so as to authorize The State Game and Fish Commission to appoint deputy wildlife rangers of the State-at-large; and for other purposes.

Senator Carter of the 14th moved that the Senate insist on its position, and that a Committee of Conference be appointed, and the motion prevailed.

The president appointed as a Committee of Conference on the part of the Senate the following:
Senators Pennington of the 45th, Moore of the 31st and Carter of the 14th.

The following bill of the House was taken up for the purpose of considering House action thereto:
HB 244. By Mr. Hull of the 104th: A bill to amend the Appellate Procedure Act of 1965, so as to redefine the rules relating to the necessity of filing motions for new trial and judgment notwithstanding the verdict; and for other purposes.

The House amendment was as follows:
Mr. Walling of the 118th moved to amend the Senate amendment to HB 244 by striking section 5 on page 3 in its entirety.

Senator Smalley of the 28th moved that the Senate agree to the House amendment to the Senate amendment to HB 244.

1602

JOURNAL OF THE SENATE,

On the motion, the ayes were 33, nays 0.

The motion prevailed, and the House amendment to the Senate amendment was agreed to.
The following resolution of the House was taken up for the purpose of con sidering House action thereto:

HR 297. By Messrs. Cook of the 123rd, Lambros of the 130th, Egan of the 141st, Carnes of the 129th, Adams of the 125th and others:
A resolution to establish a Metropolitan Area Water Quality Control Commission to study the desirability and feasibility of consolidating the efforts and management of the several Water Pollution Control Operations in the area; and for other purposes.

Senator Miller of the 43rd moved that the Senate recede from its position in amending HR 297.

On the motion to recede, the ayes were 36, nays 0, and the motion prevailed.

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House had adopted as amended by the requisite two-thirds constitutional majority the following resolution of the Senate:

SR 11. By Senators Johnson of the 42nd and Webb of the llth:
A resolution proposing an amendment to the Constitution so as to declare public transporation of passengers for hire to the essential governmental function and for other purposes.

The House has disagreed to the Senate amendment to the following resolution of the House to-wit:

HR 274. By Messrs. Blalock and Davis of the 33rd:
A resolution proposing an amendment to the Constitution so as to create the Coweta County Development Authority; and for other purposes.

FRIDAY, FEBRUARY 18, 1966

1603

The following resolution of the House was taken up for the purpose of considering House action thereto:

HR 274. By Messrs. Blalock and Davis of the 33rd:
A resolution proposing an amendment to the Constitution so as to create the Coweta County Development Authority; and for other pur poses.
Senator Yancey of the 33rd moved that the Senate insist on its position and that a Conference Committee he appointed.

On the motion, the ayes were 40, nays 0.

The motion prevailed, and the president appointed as a Committee of Con ference the following:
Senators Plunkett of the 30th, Yancey of the 33rd and Salome of the 36th.

The following resolution of the Senate was taken up for the purpose of considering a House amendment thereto:

SR 11. By Senators Johnson of the 42nd and Webb of the llth:
A resolution proposing an amendment to the Constitution so as to declare public transportation of passengers for hire to be an essential government function; and for other purposes.

The House amendment was as follows:
Mr. Brantley of the 63rd moved to amend SR 11 by inserting in paragraph 1, section 11 of article VII, item 10 on the fourth line after the word expended, the following:
"Provided, however, that the State of Georgia shall not provide more than 10 percent of the total cost, either directly or indirectly, and to amend the Title accordingly.
Senator Johnson of the 42nd moved that the Senate agree to the House amendment to SR 11.
On the motion, the ayes were 45, nays 0.

The motion prevailed, and the House amendment was agreed to.

1604

JOURNAL OF THE SENATE,

HB 303. By Messrs Smith of the 90th, Hale of the 1st, Busbee of the 79th and Harris of the 118th:
A bill to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to remove as one of the requirements for an exemption of the tax on machinery used in the manufacture of tangible personal property in certain plants that the installation of such machinery must result in a substantial increase in the employment of the plant; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 421. By Messrs. Mauldin of the 18th, Blalock of the 33rd, Smith of the 3rd and others:
A bill to provide for the regulation of "perpetual care" and "Endow ment Care" cemeteries; and for other purposes.

Senator Carter of the 14th moved that the Senate insist on its position, and that a Committee of Conference be appointed.

On the motion, the ayes were 32, nays 0.

The motion prevailed, and the president appointed as a Committee of Con ference on the part of the Senate the following:

Senators Holley of the 22nd, Carter of the 14th and Lee of the 47th.

The following bill of the Senate was taken up for the purpose of considering the report of a committee of Conference thereto:

SB 35. By Senators Johnson of the 38th, Maclntyre of the 40th, Wesberry of the 37th, Ward of the 39th, Miller of the 43rd and Johnson of the 42nd:
A bill to amend an act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several acts amend atory thereof; and for other purposes.

FRIDAY, FEBRUARY 18, 1966

1605

The report of the Committee of Conference was as follows:
Mr. President:
Mr. Speaker:
The Committee of Conference appointed on SB 35 respectfully reports as follows:
(1) The Committee recommends that the Senate recede from its position relative to the House Amendment to SB 35 and that the bill as amended by the House be adopted.

This 18th day of February, 1966.

ON BEHALF OF THE SENATE:
James P. Wesberry, Jr. Senator, 37th District
Leroy R. Johnson Senator, 38th District
Dan I. Maclntyre, III Senator, 40th District

ON BEHALF OF THE HOUSE OF REPRESENTATIVES:
Thomas Jerome Dillon Representative, 128th District
John Hood Representative, 124th District
Charlie L. Carnes Representative, 129th District

Senator Hollo way of the 12th moved that the Senate adopt the report of the Committee of Conference to SB 35.

On the motion, the ayes were 28, nays 13.

The motion prevailed, and the report of the Committee of Conference was adopted.

Senator Thompson of the 34th gave notice that at the proper time he would move that the Senate reconsider its action in adopting the report of the Committee of Conference.

1606

JOURNAL OP THE SENATE,

HB 169. By Messrs. Pickard of the 112th, Farrar of the 118th, Barber of the 24th and Story of the 22nd:
A bill to amend an act establishing the Teachers' Retirement System, so as to provide for an additional member of the Board of Trustees of the System; and for other purposes.

The Committee on Rules offered the following substitute:
An act to amend an act establishing the Teachers Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, so as to provide for additional members of the Board of Trustees of the System; to provide the procedure for appointment of such additional members; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An act establishing the Teachers Retirement System, approved March 19, 1943, (Ga. Laws 1943, p. 640), is hereby amended, by striking from Subsection (2) of Section 6 the word "nine" and inserting in lieu thereof the word "eleven" and by adding two new Subparagraphs to be known as Subparagraphs (g) and (h) to read as follows:
"(g) One member, appointed by the Governor for a term of three years beginning July 1, 1966. All subsequent members shall likewise be appointed for terms of three years. The member ap pointed by the Governor under this paragraph shall have no con nection with the State or with education and shall be a competent actuary recognized as such or a certified public accountant.
"(h) One member, who shall be a retired classroom teacher receiving retirement benefits under this act. Such member shall be elected by the Assembly of the Georgia Education Association, to take office on July 1, 1966 for a term of three years. Successors to such member will likewise be elected by the Assembly of the Georgia Education Association. Such election shall be in accordance with such rules as the Board of Trustees of the System shall adopt to govern such election.",
and by re-designating present Subparagraph (g) as Subparagraph (i) and striking therefrom the words "the ninth trustee shall be" and in serting in lieu thereof the words "one member," and by striking there from the word "eighth" so that when so amended Subsection (2) of Section 6 shall read as follows:
"(2) The Board of Trustees shall consist of eleven trustees as follows:
"(a) The State Auditor, ex-officio.
"(b) The State Insurance Commissioner, ex-officio.

FRIDAY, FEBRUARY 18, 1966

1607

"(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 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 accordance with such rules as the Board of Trustees shall adopt to govern such election; provided, however, that the two 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.

"(e) One member, an employee of the Board of Regents who shall be appointed by the Board of Regents for a term of three years, beginning with the expiration of the term of the present member, who is an employee of the Board of Regents.

"(f) One member, appointed by the Governor for a term of three years beginning June 30, 1965. All subsequent members shall likewise be appointed for terms of three years.

"(g) One member, appointed by the Governor for a term of three years beginning July 1, 1966. All subsequent members shall likewise be appointed for terms of three years. The member ap pointed by the Governor under this paragraph shall have no con nection with the State or with education and shall be a competent actuary recognized as such or a certified public accountant.

"(h) One member, who shall be a retired classroom teacher receiving retirement benefits under this Act. Such member shall be elected by the Assembly of the Georgia Education Association, to take office on July 1, 1966 for a term of three years. Successors to such member will likewise be elected by the Assembly of the Georgia Education Association. Such election shall be in accordance with such rules as the Board of Trustees of the System shall adopt to govern such election.

"(i) One member, a citizen of the State, not a member of the retirement system, who shall be experienced in the investment of moneys and who shall be elected by the remaining trustees for a term of four years, the first such term to expire June 30, 1947."

Section 2. Said act is further amended by striking Subsection (6) of Section 6 in its entirety and inserting in lieu thereof a new Sub section (6) to read as follows:

"(6) Five trustees at any meeting of the Board of Trustees shall constitute a quorum to transact business. Each trustee shall be entitled to one vote in the Board, and five votes shall be neces sary for a decision by the Board."

1608

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 29, nays 0, and the sub stitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the ayes were 5, nays 28.

The bill, having failed to receive the requisite constitutional majority, was lost.

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has disagreed to the report of the Committee of Conference and respectfully requests that a second Committee of Conference be appointed on the following Bill of the Senate:

SB 35. By Senators Johnson of the 38th, Maclntyre of the 40th, Wesberry of the 37th and others:
A bill to amend an act establishing a new charter for the City of Atlanta, so as to extend the corporate limits; 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 substitute the following bill of the Senate:

SB 28. By Senators Broun of the 46th, Kilpatrick of the 44th, Hill of the 29th, and others:
A bill to protect property of the citizens of this State and to facilitate the identification of motor vehicles, parts, accessories; and for other purposes.

FRIDAY, FEBRUARY 18, 1966

1609

HR 298. By Mr. Harris of the 118th:

A RESOLUTION

To be entitled an act to amend a resolution proposing an amend ment to Article VII, Section IV, of the Constitution changing the pro visions relating to the powers of county governments, adopted at the 1965 Regular Session of the General Assembly (Resolution Act No. 82, Ga. Laws 1965, p. 758), so as to provide that the powers and author ity granted by said amendment shall be cumulative of the existing powers and authority granted to counties and shall not operate to repeal any existing local constitutional amendments; to repeal conflicting laws; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SECTION 1

A Resolution proposing an amendment to Article VII, Section IV, of the Constitution changing the provisions relating to the powers of county governments, adopted at the 1965 Regular Session of the General Assembly (Resolution Act No. 82, Ga. Laws 1965, p. 758), is hereby amended by adding a new Paragraph after Paragraph V of the quoted Section IV as the same appears in Section 1. of said 1965 amendatory resolution, to be known as Paragraph 6, to read as follows:

"Paragraph 6. The powers and authority granted by this amendment shall be cumulative of all powers and authority hereto fore granted to counties and shall not operate to repeal any existing local constitutional amendments."

SECTION 2

All laws and parts of laws in conflict with this act are hereby repealed.

The Committee on Rules offered the following substitute:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the provisions relating to the powers of county governments; to preserve existing constitutional amendments; 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 VII, Section IV in its entirety and substituting in lieu thereof a new Section IV to read as follows:

1610

JOURNAL OF THE SENATE,

"Section IV

"Paragraph I. Powers of County Government. The General Assembly may authorize any county to exercise the power of taxa tion for any public purpose as authorized by general law or by this Constitution, 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 allocted for any particular purpose, unless expressly so provided by the General Assembly 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 purposes and such other public purposes as may be authorized by the General Assembly:

1. Pay the expenses of administration of the county government.
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 programs and provide for the collection and preservation of records and vital statistics.
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 natural 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 dependents and survivors, and for

FRIDAY, FEBRUARY 18, 1966

1611

public school teachers and personnel, their dependents and surviv ors; 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 within 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 only 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 tha power of eminent domain for any public purpose.
"Paragraph V. Nothing herein shall be construed to repeal or modify the provisions of Article VIII, Section XII, Paragraph I of the Constitution of Georgia of 1945, as amended.

"Paragraph VI. The powers and authority granted by this amendment shall be cumulative of all powers and authority hereto fore granted to counties and shall not operate to repeal any existing local constitutional amendments."

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:

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JOURNAL OF THE SENATE,

"YES ( ) Shall the Constitution be amended so as to change the provisions relating to the powers of county govern-
NO ( ) ments?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying 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 returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

On the adoption of the substitute, the ayes were 28, nays 0, and the sub stitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Bateman Carter Coggin Dean Downing Edenfield Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gregory 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 Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Yancey Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 47, nays 0.

The resolution, having received the requisite two-thirds constitutional ma.jority, was adopted by substitute.

FRIDAY, FEBRUARY 18, 1966

1613

HR 24 By Mr. Jones of the 112th:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that service at Gracewood State School and Hospital or at any other facility operated by or under the jurisdiction of the State Department of Public Health shall be applicable service for the repayment of medical loans and scholarships and that such service shall be retroactive; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1

Article VII, Section I, Paragraph II of the Constitution, as amended by an amendment ratified at the General Election in 1952 (Ga. Laws 1951, p. 861), an amendment ratified at the General Election in 1960 (Ga. Laws 1960, p. 1300), an amendment ratified at the General Election in 1962 (Ga. Laws 1962, p. 1039), and an amendment rati fied at the General Election in 1964 (Ga. Laws 1964, p. 944), is hereby amended by striking from the eighth paragraph of that portion of Paragraph II added by the 1952 amendment and amended by the 1960, 1962 and 1964 amendments as follows:

"One fifth of the loan or scholarship, together with interest thereon, shall be credited to the applicant for each year of practic ing his profession in a community of 5,000 population or less, ac cording to the United States Decennial Census of 1960 or any future such decennial census, or at Milledgeville State Hospital, or at any prison or detention camp or work camp operated under the jurisdic tion of the State Board of Corrections, and no annual interest on the scholarship loan shall be paid during such practice or service. Credit for practice at Milledgeville State Hospital, or at any of the above facilities of the State Board of Corrections, shall be retroactive and shall apply to any applicants engaging in such practice at any time. In the event an applicant has repaid any part of such loan or scholarship for which he would otherwise have received credit for service, he shall be repaid whatever sum is necessary to take into consideration the credit he would have received.",
and inserting in lieu thereof the following:

"One-fifth of the loan or scholarship, together with interest thereon, shall be credited to the applicant for each year of pract icing his profession in a community of 5,000 population or less, according to the United States Decennial Census of 1960 or any future such decennial census, or at Milledgeville State Hospital, Gracewood State School and Hospital, or at any facility operated by or under the jurisdiction of the State Department of Public Health or at any prison or detention camp or work camp operated under the jurisdiction of the State Board of Corrections, and no annual interest on the scholarship loan shall be paid during such

1614

JOURNAL OF THE SENATE,

practice or service. Credit for practice at Milledgeville State Hospital, Gracewood State School and Hospital, or at any facility operated by or under the jurisdiction of the State Department of Public Health or at any of the above facilities of the State Board of Corrections, shall be retroactive and shall apply to any ap plicants engaging in such practice at any time. In the event an applicant has repaid any part of such loan or scholarship for which he would otherwise have received credit for service, he shall be repaid whatever sum is necessary to take into consideration the credit he would have received.",

so that when so amended said eighth paragraph of Paragraph II shall read as follows:

"Applicants who are granted loans or scholarships by the board shall receive a loan not to exceed $5,000.00 to any one ap plicant to be paid in annual installments not exceeding $1,500.00 per annum, with which to defray his or her tuition and other ex penses in any reputable, accepted and accredited four-year medical college or school in the United States, or a scholarship in such medical college or school for a term not exceeding four years, the cost of such scholarship not to exceed $5,000.00, same to be paid at such time and in such manner as may be determined by the Board. The loans and scholarship herein provided shall not exceed the sums herein stated, but they may be prorated in such manner as to pay to the medical school to which any applicants is admitted such funds as are required by that school, and the balance to be paid direct to the applicant; all of which shall be under such terms and conditions as may be provided under rules and regulations of the board. The said loans or scholarships to be granted to each ap plicant shall be based upon the condition that the full amount thereof shall be repaid to the State of Georgia in cash in full with 4% interest from the date of each payment by the State on such loan or scholarship, same to be payable annually, the first annual payment to be due on or before one year from the date the applicant completes his internship, or same may be repaid to the State of Georgia in services to be rendered by the ap plicant by practicing his profession at some place within the State of Georgia to be approved by the board. One-fifth of the loan or scholarship, together with interest thereon, shall be credited to the applicant for each year of practicing his profession in a com munity of 5,000 population or less, according to the United States Decennial Census of 1960 or any future such decennial census, or at Milledgeville State Hospital, Gracewood State School and Hospital, or at any facility operated by or under the jurisdiction of the State Department of Public Health or at any prison or detention camp or work camp operated under the jurisdiction of the State Board of Corrections, and no annual interest on the scholarship loan shall be paid during such practice or service. Credit for practice at Milledgeville State Hospital, Gracewood State School and Hospital, or at any facility operated by or under the jurisdic tion of the State Department of Public Health or at any of the above facilities of the State Board of Corrections, shall be retroactive and shall apply to any applicants engaging in such practice at any time. In the event an applicant has repaid any part of such loan or scholarship for which he would otherwise have

FEIDAY, FEBRUARY 18, 1966

1615

received credit for service, he shall be repaid whatever sum is necessary to take into consideration the credit he would have received. After the third full year of practice or services within this State as herein provided, but not before the said applicant shall be privileged, entirely at the discretion of the board heretofore created to pay off the balance of the scholarship loan, together with accrued interest thereon, and upon such payment shall be relieved from further obligations under his contract for loan or scholarship."
SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to provide that service at Gracewood State School and Hospital or at any other facility operated by or under the
NO ( ) jurisdiction of the State Department of Public Health shall be applicable service for the repayment of medical loans and scholarships and that such service shall be retroactive?"

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 returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Bateman Carter

Coggin Dean Downing

Edenfield Eldridge Fincher of 54th

1616
Flowers Foster Gayner Gillis Gregory Hall Hill Holley Holloway Jackson Johnson of 38th Kidd Kilpatrick

JOURNAL OF THE SENATE,

Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie Noble Owens Padgett Pennington Plunkett

Rowan Sanders Searcey Smalley Smith Spinks Tribble Ward Webb Wesberry Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 46, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 39. By Mr. Richardson of the 116th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the exemption from taxation of all facilities installed for the primary purpose of reducing air or water pollution; to provide for the submission of this amendment for rati fication or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"The General Assembly shall have the authority to provide for the exemption from any and all taxation any facilities which shall be installed or constructed for the primary purpose of eliminat ing or reducing air or water pollution. The General Assembly Ss further authorized to provide for the manner in which such ex emptions shall be granted and to prescribe the prerequisites which shall be required to be met before any such exemption shall be granted, including the designation of any appropriate state agency or organization to which the General Assembly shall be authorized to delegate any and all powers necessary and appropriate to carry out the purposes arid responsibilities of this paragraph."

FRIDAY, FEBRUARY 18, 1966

1617

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to provide for the exemption
NO ( ) from taxation of all facilities installed for the pri mary purpose of reducing air or water pollution?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying 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 Carter Coggin Dean Downing Edenfield Eldridge Fincher of 54th Flowers Foster Gayner Gillis Gregory Hall Hill

Holley Holloway Jackson Johnson of 38th Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill MeKenzie Noble Owens

Padgett Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Tribble Ward Webb Wesberry Young

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JOURNAL OF THE SENATE,

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 46, nays 0.

The resolution, having received the requisite two-thirds contitutional ma jority, was adopted.
HB 752. By Messrs. Etheridge of the 123rd, Gates of the 123rd and others: A bill to amend an act making it unlawful for any person to employ a minor where alcoholic beverages of any kind are sold in counties having a population of more than 500,000; and for other purposes.

The Committee on Temperance offered the following substitute:
A BILL TO BE ENTITLED
An Act to amend an Act making it unlawful for any person to employ in any capacity whatsoever a person under eighteen years of age in any place where liquor, beer, wine or alcoholic beverages of any kind are sold or offered for sale, approved March 25, 1958, (Ga. Laws 1958, p. 640), so as to make such employment lawful in counties of this State having a population of more than 500,000 according to the last or any future Federal Decennial census, where (a) the place of employment is in a stadium where beer is the only alcoholic beverage offered for sale to the public generally and (b) such person is not allowed or required to dispense, serve, sell, deliver or take orders for any alcoholic beverages or in any manner to aid or assist in the dispensing, serving, sale, delivery or taking orders for such beverages, directly or indirectly; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act making it unlawful for any person to employ in any capacity whatsoever a person under eighteen years of age in any place where liquor, beer, wine or alcoholic beverages of any kind are sold or offered for sale, approved March 25, 1958 (Ga. Laws 1958, p. 640) is hereby amended by adding to Section 1 thereof the following:
"Provided further, that in counties of the State of Georgia having a population of more than 500,000 according to the last or any future Federal Decennial census, such employment shall be lawful where (a) the place of employment is in a stadium where beer is the only alcoholic beverage offered for sale to the public generally and (b) such person is not allowed or required tol dispense, serve, sell, deliver or take orders for any alcoholic bever ages or in any manner to aid or assist in the dispensing, serving, sale, delivery or taking orders for such beverages, directly or indi rectly."

FRIDAY, FEBRUARY 18, 1966

1619

Section 2. This Act shall be applicable to counties of the State of Georgia having a population of more than 500,000 according to the last or any future Federal Decennial census. It shall be effective as to counties now coming within the population classification on the 1st day of the month succeeding its approval by the Governor. As to counties subsequently coming within the population classification, it shall be effective on the 1st day of January following the publication of the Federal census.
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 33, nays 0, and the sub stitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the ayes were 33, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HR 36. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A resolution to ratify, approve and confirm the Executive Order of the Governor, dated July 9, 1965, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act attributable to the inclusion of the Federal Manufacturer's Excise Tax in the base of said sales tax 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 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 37. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A resolution to ratify, approve and confirm the Executive Order of the Governor, dated March 29, 1965, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the sale and use of the Holy Bible and Testaments until the next meeting of the General Assembly; and for other purposes.

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JOURNAL OP THE SENATE,

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the ayes were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HR 128. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A resolution to ratify, approve and confirm the Executive order of the Governor, dated May 31, 1965, suspending the collection of certain income tax for persons serving in Viet Nam; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 46, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 150. By Mr. Mauldin of the 18th: A resolution authorizing the conveyance of a certain tract of land in Franklin County to Garner D. Crump; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HR 187. By Messrs. Overby, Williams and Wood of the 16th: A resolution authorizing the conveyance of certain land owned by the State Highway Department; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

FRIDAY, FEBRUARY 18, 1966

1621

On the adoption of the resolution, the ayes were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HR 244. By Messrs. Smith, Mitchell and Leonard of the 3rd: A resolution declaring certain property of the State surplus, authorizing the State Properties Control Commission to sell such 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 46, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:
SB 28. By Senators Broun of the 46th, Kilpatrick of the 44th, Hill of the 29th, Searcey of the 2nd, Minish of the 48th and Thompson of the 34th: A bill to protect property of the citizens of this State and to facilitate the identification of motor vehicles, parts, accessories and assemblies thereof, by prohibiting the sale in the State of Georgia of new motor vehicles and certain components not bearing identification numbers; and for other purposes.

The House substitute was as follows;

SB 28.

A BILL

To be entitled an Act to protect property of the citizens of this State and to facilitate the identification of motor vehicles, parts, ac cessories and assemblies thereof, by prohibiting the sale in the State of Georgia of new motor vehicles and certain components not bearing identification numbers; to provide that no new motor vehicle sold in the State of Georgia shall bear the same identification number as any other motor vehicle made by the same manufacturer; to provide! that an identification number shall appear upon certain portions, parts and assemblies of any new motor vehicle or as separate components to be

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JOURNAL OF THE SENATE,

sold or sold in the State of Georgia; to provide definitions; to require sellers of certain motor vehicle components that bear identification numbers to keep certain records; to provide that these records shall be available for inspection at any reasonable time by law enforcement of ficers; to provide penalties; to provide an effective date; to repeal con flicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Required Identification Numbers. --

A. New motor vehicles and components manufactured within this State:--After the effective date of this Act, all motor vehicles, motor vehicle engines, transmissions, differentials and frames manufactured within this State for sale within this State shall be required to have placed upon them a manufacturer's identification number. The required vehicle identification number shall not be the same as the vehicle identification number of any other motor vehicle manufactured by the same manufacturer. The vehicle part serial number shall not be the same number as the serial number for any other like part manufactured by the same manufacturer, but may be the same as the vehicle identification number if thje parts are installed as original equipment on the motor vehicle.

B. New motor vehicles sold within this State.--After the ef fective date of this Act no new motor vehicle shall be sold in this State unless such vehicle shall bear a vehicle identification number which shall not be the same as the vehicle identification number of any other motor vehicle made by the same manufacturer.

C. New components sold within this State.--After the effective date of this Act, no new motor vehicle engines, transmission, dif ferential or frame shall be sold in this State unless the same shall bear an identification number which shall not be the same as the identification number for any other like motor vehicle component made by the same manufacturer, except that such numbers may be the same number as the vehicle identification number if the parti cular components have been installed as original equipment in the motor vehicle prior to its sale to the general public.

D. Attachment to doorpost.--The vehicle identification number required in Sub-Section A and B shall also be affixed to the left front doorpost of the body of said motor vehicle in such a manner as to render it easily accessible for inspection.

Section 2. Identification Numbers; Method of Installation.--

A. Permanent manner.--The identification numbers required by Section 1., shall be placed upon the motor vehicle and components required to be numbered in a permanent manner so that any attempt to remove, alter, deface, obliterate or destroy them will be readily ascertainable.

FRIDAY, FEBRUARY 18, 1966

1623

B. Method of installation.--The permanent manner required by this Act may be by stamping or any other suitable manufacturing process that will result in such number becoming a permanent part of the motor vehicle or component. They shall be of a height and width easily readable by the naked eye and shall be located in such a position that they may be ascertained without dismantling the motor vehicle or component. They may consist of letters, numbers, digits or any combination of them.

C. Certain alternate methods.--The vehicle identification num ber required to be installed on the left front doorpost under SubSection 1-D may be substituted by the "manufacturer's vehicle identification number plate" if the same shall correspond to the requirements of identification numbers as set out by this act, and such plate may be produced, manufactured and attached in accord ance with the specifications approved by the Society of Automotive Engineers as to material, lettering, manufacturing and installation.

D. Installation.--The identification numbers required by Sec tion 1 shall be placed upon the motor vehicle and required com ponent parts by the manufacturer thereof.

Section 3. Definitions.--

A. Motor vehicles.--Every vehicle which is self-propelled, ex cept trackless trolleys, by which persons or property is, are or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon streetcar rails or tracks or overhead trolley wires, shall be considered a motor vehicle.

B. New motor vehicles.--Any motor vehicle which has never been the subject of a sale at retail to the general public shall be considered a new motor vehicle.

C. Used motor vehicles.--Any motor vehicle which has been the subject of a sale at retail to the general public shall be con sidered a used motor vehicle.

D. Part.--Each of the following motor vehicle parts or com ponents shall be considered a part for the purpose of requiring a serial number: engines, transmissions, differentials and frames.

E. Person.--Any natural or artificial person, firm, corporation, partnership or other association or business relation.

Section 4. Records to be kept.--Any person, firm or corporation who purchases or sells or offers for sale any used motor vehicle, engine, transmission, differential or frame required to be numbered by this act, or any motor vehicle, engine, transmission, differential or frame presently bearing an identification number voluntarily placed thereon by the manufacturer, shall keep a permanent record of such transactions. Such record shall include from whom the item was purchased and his address and to whom the item was sold and his address, as well as

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JOURNAL OP THE SENATE,

the item and its identification number or numbers. Such records shall be required to be kept for a period of three years from the date of the transaction and shall be available to all law enforcement officers for inspection at any reasonable time during business hours without prior notice or the necessity of obtaining a search warrant.

Section 5. Penalties.--

A. Sale or possession for sale of non-numbered motor vehicles or parts.--Any person, firm or corporation who sells, offers for sale, ships or causes to be shipped into Georgia, or manufactures a motor vehicle, engine, transmission, differential or frame, the same being intended to be sold at retail within the State of Georgia that does not bear an identification number or numbers as herein before set out, shall be deemed guilty of a misdemeanor and upon conviction shall be punished as for a misdemeanor.

B. Failure to keep records.--Any person, firm or corporation who purchases, sells or offers for sale any motor vehicle, engine, transmission, differential or frame that is required by this Act to bear an identification number or which presently bears an identification number placed upon it voluntarily by the manufac turer, even though not designated as a 1968 model by the manu facturer, where the same is intended to be sold at wholesale or retail within the State of Georgia, and who willfully fails to keep the records required by Section 4 of this act, shall be deemed guilty of a misdemeanor for each such failure and upon conviction shall be punished as for a misdemeanor.

Section 6. Application.--The provisions of this act requiring iden tification numbers on certain motor vehicles and parts shall only apply to those motor vehicles or parts manufactured after January 1, 1967, and where the same is designated by the manufacturer as a 1968 model or for installation on a 1968 model, unless the motor vehicle or part shall presently bear an identification number; nor shall the provisions of this act apply to motorcycles, motor driven cycles, school buses, farm tractors, buses, truck tractors, road tractors, trucks, trailers, semi trailers, pole trailers or streetcars as defined in an act regulating traf fic upon the highways, approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 566), or go-carts or any vehicle whether selfpropelled or otherwise which is not required to be issued a license plate under the laws of this State.

Section 7. This act shall become effective January 1, 1967.

Section 8. All laws and parts of laws in conflict with this act are hereby repealed.

Senator Broun of the 46th moved that the Senate agree to the House sub stitute to SB 28.
On the motion, the ayes were 29, nays 0.

FRIDAY, FEBRUARY 18, 1966

1625

The motion prevailed, and the House substitute was agreed to.

The following resolutions were read and adopted:

SR 96. By Senator Kendrick of the 32nd:
A resolution commending the Officers of the Statewide Probation Sys tem and asking that special attention and consideration be given for a salary increase of these employees; and for other purposes.

SR 97. By Senators Webb of the llth and Jackson of the 16th:
A resolution expressing appreciation to Honorable Ben W. Fortson, Jr. and Honorable Joe N. Burton; and for other purposes.

SR 98. By Senators Webb of the llth and Jackson of the 16th:
A resolution expressing appreciation to Honorable Jack B. Ray, Hon orable James E. Young, and Honorable George B. Hamilton; and for other purposes.

SR 99. By Senators Webb of the llth and Jackson of the 16th:
A resolution expressing appreciation to the Office of Legislative Coun sel; and for other purposes.

SR 100. By Senator Webb of the llth: A resolution commending Mrs. Anne Gordy; and for other purposes.

SR 109. By Senator Kidd of the 25th:
A resolution commending the Fraternal Order of Eagles; and for other purposes.

SR 111. By Senators Wesberry of the 37th and Maclntyre of the 40th:
A resolution commending the North Fulton High School Choir; and for other purposes.

SR 117. By Senators Hall of the 52nd and Young of the 13th:
A resolution creating a penal and correctional affairs study committee; and for other purposes.

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JOURNAL OF THE SENATE,

SR 118. By Senators Gillis of the 20th, Smith of the 18th, Flowers of the 10th and Hall of the 52nd:
A resolution creating an interim legislative committee to study the operations and financing of public corporations; and for other purposes.

SR 119. By Senators Johnson of the 38th and Ward of the 39th: A resolution expressing regrets at the passing of Mr. Walter Henry (Chief) Aiken; and for other purposes.
SR 120. By Senator Kidd of the 25th: A resolution creating an interim legislative committee to study the feasibility of creating within the Department of Public Health an auto nomous Division of Mental Health or a separate Department of Mental Health; and for other purposes.
SR 121. By Senator Johnson of the 42nd: A resolution relative to remodeling and refurbishing the Senate Cham bers; and for other purposes.
SR 122. By Senator Edenfield of the 4th: A resolution creating an interim committee to study all matters relating to the feasibility of creating a superior court reporter's retirement system or fund; and for other purposes.
SR 123. By Senator Ward of the 39th: A resolution expressing regrets at the passing of Judge Austin Thomas Walden; and for other purposes.
SR 124. By Senators Holley of the 22nd and Johnson of the 42nd: A resolution creating an interim study committee on banking laws; and for other purposes.
SR 125. By Senator Hall of the 52nd: A resolution urging the President of the United States to accept the invitation to appear at the annual meeting of the Rome-Floyd County Chamber of Commerce; and for other pui'poses.

SR 126. By Senator Broun of the 46th:
A resolution relative to constructing, reconstructing, repairing, re modeling and refurbishing the chambers, quarters and offices of the State Senate; and for other purposes.

FRIDAY, FEBRUARY 18, 1966

1627

SR 127. By Senators Smalley of the 28th, Johnson of the 42nd and Carter of the 14th:
A resolution creating a Senate Study Committee; and for other purposes.

SR 128. By Senator Kidd of the 25th:
A resolution creating an interim study committee; and for other pur poses.

SR 129. By Senators Johnson of the 38th, Ward of the 39th, Coggin of the 35th, Thompson of the 34th, Salome of the 36th and others:
A resolution commending Mr. Robert Paschal and Mr. James Paschal; and for other purposes.

SR 130. By Senator Wesberry of the 37th:
A resolution commending Mr. Carroll Ward, State President of the Georgia Jaycees; and for other purposes.

SR 131. By Senators Kidd of the 25th, Sanders of the 41st and Searcey of the 2nd:
A resolution expressing appreciation to The American Legion and The American Legion Auxiliary for their program known as "Operation Show Your Colors"; and for other purposes.

SR 72. By Senators Broun of the 46th and Kilpatrick of the 44th:
A resolution creating an interim committee to meet and assist in the formulation of national standards for identifying motor vehicles and the components thereof; and for other purposes.

The Committee on Rules offered the following substitute:
A RESOLUTION
Creating an interim committee to evaluate and implement the recommendations of the proposed national committee to formulate standards for identifying motor vehicles and the components thereof; and for other purposes.
WHEREAS, the State of Georgia feels the area of motor vehicle identification is an area of national concern, and has attempted to work as closely as possible with the automobile manufacturers, and has had several meetings with these manufacturers, and the manufacturers have suggested the creation of a National Vehicle and Identification Committee to be composed of representatives of the American Associa-

1628

JOURNAL OP THE SENATE,

tion of Motor Vehicle Administrators, the International Association of Chiefs of Police, the International Association of Automobile Theft In vestigators, the National Automobile Theft Bureau, the Federal Bureau of Investigation, the National Automobile Dealers Association and Auto mobile Manufacturers Association, and the manufacturers have pledged their whole-hearted support and facilities to the successful operation of such a committee; and

WHEREAS, an interim committee representing the State should be created to assist and, when called upon, meet with the proposed national committee for the purpose of assisting to formulate and give its views on a uniform method of vehicle identification.

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that an interim committee is hereby created to effectuate the provisions of this Resolution and to cooperate fully and to evaluate and implement the recommendations of the proposed national committee for the formu lation of uniform national standards for identifying motor vehicles and the components thereof. Said committee shall be charged with the ad ditional duties of corresponding and meeting, when called upon or when the committee feels its attendance is necessitated, with the proposed members or actual members of the national committee, and in this respect may meet within and without the State. Said committee shall be composed of five (5) members to be appointed by the President of the Senate and such members shall receive the same compensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees from the funds appropriated to or avail able to the legislative branch of government.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit an appropriate copy of this Resolution to the American Association of Motor Vehicle Adminis trators, the International Association of Chiefs of Police, the Inter national Association of Automobile Theft Investigators, the National Automobile Theft Bureau, the Federal Bureau of Investigation, the National Automobile Dealers Association and the Automobile Manu facturers Association.

The report of the Committee, which was favorable to the adoption of the resolution by substitute was agreed to.

The substitute was adopted.

The resolution was adopted by substitute.

FRIDAY, FEBRUARY 18, 1966

1629

The following resolutions were read and adopted: SR 95. By Senator Johnson of the 38th:
A resolution creating an interim legislative committee to study the feasibility of establishing a statewide tenure law for certain admini strative and teaching personnel of the public school systems; and for other purposes.

SR 112. By Senator Coggin of the 35th:
A resolution creating the Election Laws Study Committee; and for other purposes.

The following bill of the Senate was taken up for consideration:

SB 35. By Senators Johnson of the 38th, Maclntyre of the 40th, Wesberry of the 37th, Ward of the 39th, Miller of the 43rd and Johnson of the 42nd:
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; for the purpose of annexing territory now owned by the OwenIllinois Glass Company; and for other purposes.

Senator Holloway of the 12th moved that the Senate discharge the Committee of Conference to SB 35, and accept the House amendment thereto.

On the motion, a call of the roll was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Bateman Broun Carter Downing Fincher of 51st Fincher of 54th Flowers Gayner Gillis Gregory Hall Holley

Holloway Jackson Johnson of 42nd Johnson of 38th Lee Maclntyre Moore McKenzie Owens Padgett Pennington Plunkett

Those voting in the negative were Senators:

Adams Coggin Edenfield Eldridge

Kendrick Kilpatrick Loggins Minish

Rowan Salome Sanders Searcey Smalley Spinks Tribble Ward Webb Wesberry Young
McGill Thompson Yancey

1630

JOURNAL OP THE SENATE,

By unanimous consent, verification of the roll call was dispensed with.

On the motion to recede, the ayes were 35, nays 11, and the motion pre vailed.
Senator Wesberry of the 37th gave notice that at the proper time he would move that the Senate reconsider its action on SB 35.

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendment to the following bill of the House:
HR 287. By Messrs. McCracken of the 49th, Phillips of the 41st and others: A resolution creating the Rivers and Harbors Development Commission; and for other purposes.
The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the Senate to-wit:
SB 86. By Senators Webb of the llth, Rowan of the 8th, Spinks of the 9th and others: A bill to amend Code Section 47-102, relating to State Senatorial Dis tricts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept. Oct., Ex. Sess., p. 7), so as to remove the pro vision requiring Senators in those Senatorial Districts consisting of less than one county to be elected by all voters of the county in which the district is located; and for other purposes.

The House has adopted the Conference Committee report on the following bill of the Senate to-wit:
SB 182. By Senators Plunkett of the 30th, Coggin of the 35th and Broun of the 46th: A bill to provide for a method, in addition to existing methods, for the annexation of contiguous territory to incorporated municipalities upon

FRIDAY, FEBRUARY 18, 1966

1631

application of not less than 60% of the owners representing at least 60% of the land area included in such application; and for other purposes.

The House has agreed to Senate substitute to the following bill of the House to-wit:

HB 106. By Mr. Egan of the 141st:
A bill to amend Code Section 113-602, relating to the probate of a will in solemn form, as amended, so as to provide that the probate of a will in solemn form shall be conclusive as to heirs at law not effectively notified; and for other purposes.

The House agrees to the Senate amendment to the following bills of the House to-wit:
HB 53. By Mr. Richardson of the 116th: 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 219. By Mr. Steis of the 100th:
A bill to amend Code Section 84-409, relating to the qualifications and requirements prescribed prior to issuing a master barber's certificate of registration, so as to change the qualifications and requirements an applicant must meet prior to receiving a master barber's certificate of registration; and for other purposes.

HB 732. By Messrs. Mitchell, Smith and Leonard of the 3rd: A bill to amend an act approved February 24, 1874, incorporating the City of Dalton, so as to provide a comprehensive and unified pension plan for certain officers, firemen, policemen, employees of the mayor and Council, and the various departments hereof; and for other pur poses.
The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has adopted as amended the following resolution of the Senate to-wit:

1632

JOURNAL OF THE SENATE,

SR 64. By Senator Wesberry of the 37th, Sanders of the 41st, Coggin of the 35th, and others:
A resolution to establish a local Government Commission in Atlanta, Fulton and DeKalb Counties for the purpose of improving local govern ments and providing greater efficiency and economy, etc.

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendment to the following bill of the House to-wit:

HB 685. By Mr. Conner of the 91st:
A bill to abolish the present mode of compensating the tax commissioner of Jeff Davis County, known as the fee system; and for other purposes.

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has passed as amended the following bill of the Senate: SB 234. By Senators Wesberry of the 37th, Thompson of the 34th, and others:
A bill amending Code Section 92-5001, relating to interests on taxes due the state and county, in counties of a certain population, and for other purposes.

The following bill of the House was taken up for the purpose of considering the report of a Committee of Conference thereto:

HB 369. By Mr. Lovell of the 6th:
A bill to amend an act superseding and consolidating the laws relating to the State Game and Fish Commission, so as to authorize the State Game and Fish Commission to appoint deputy wildlife rangers of the State-at-Large; and for other purposes.

The report of the Committee of Conference was as follows:
Mr. President: Mr. Speaker:
The Committee of Conference appointed on HB 369 respectfully reports as follows:

FRIDAY, FEBRUARY 18, 1966

1633

(1) The Committee recommends that the House recede from its position relative to HB 369, as amended.

(2) The Committee recommends that the Senate recede from its position relative to HB 369, as amended.

(3) The Committee recommends that the attached substitute to HB 369 be adopted by both the Senate and the House of Representatives.

This 18th day of February, 1966.

On Behalf of The Senate:
Is/ Robert K. Ballew Senator, 50th District
/s/ Albert F. Moore Senator, 31st District
/s/ Brooks Pennington, Jr. Senator, 45th District

On Behalf of The House of Representatives:
/s/ Kent Dickinson Representative, 27th District
/s/ Johnnie L. Caldwell Representative, 51st District
/s/ Fulton Lovell Representative, 6th District

A BILL

To be entitled an act to amend an act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, to game and fish and to wildlife, approved March 7, 1955 (Ga. Laws 1955, p. 483), as amended, so as to authorize the State Game and Fish Commission to appoint not more than five hundred deputy wildlife rangers of the State-at-Large; to provide that no honorary deputy wildlife rangers may be appointed without actual duties relating to the preservation of wildlife; to authorize deputy wildlife rangers of the State-at-large to enforce the game and fish laws of this State and the rules and regulations of the Commission; to provide that deputy wildlife rangers of the State-at-large shall receive no compensation or reimbursement for expenses for their services; to authorize the Commission to promulgate rules and regulations as to oath of office, badge and identity of authority, and such other matters as may be necessary to carry out the provisions of this Act; to authorize the Commission to prescribe the uniform of deputy wildlife rangers of the State-at-large; to provide that the Commission shall furnish each deputy wildlife ranger of the State-at-large with a numbered badge; to provide for the keeping of permanent records by the Commission

1634

JOURNAL OF THE SENATE,

pertaining to the issuance of numbered badges; to provide for bonds; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An act completely and exhaustively revising, supersed ing and consolidating the laws relating to the State Game and Fish Commission, to game and fish and to wildlife, approved March 7, 1955 (Ga. Laws 1955, p. 483), as amended, is hereby amended by inserting between Section 13 and Section 14 a new Section to be designated Section 13A, to read as follows:
"Section 13A. Deputy Wildlife Rangers. The State Game and Fish Commission is hereby authorized to appoint not more than five hundred wildlife rangers of the State-at-large who shall have the power, authority and responsibility to enforce the game and fish laws of this State and the rules and regulations of the Com mission. No honorary deputy wildlife rangers may be appointed without actual duties relating to the preservation of wildlife. Deputy wildlife rangers of the State-at-large shall receive no com pensation or reimbursement for expenses for their services. The Commission shall promulgate rules and regulations as to oath of office, badge and identity of authority, and such other matters as may be necessary to carry out the provisions of this act. The Com mission shall prescribe the uniform which shall be worn by deputy wildlife rangers of the State-at-large and the Commission shall furnish each deputy wildlife ranger of the Stats-at-large with a numbered badge. The Commission shall maintain permanent re cords pertaining to the issuance of such numbered badges to deputy wildlife rangers of the State-at-large. The Commission is hereby authorized to appoint such number of deputy wildlife rangers of the State-at-large as may be necessary to carry out the duties as signed to them by the Commission or the director, all of whom shall serve at the pleasure of the Commission."

Section 2. Said act is further amended by inserting between Section 13A and Section 14 a new Section to be designated Section 13B to read as follows:
"13B. Each deputy wildlife ranger shall personally secure a bond of not less than $5,000.00 from a surety company licensed to transact business in the State of Georgia conditioned upon the faith ful performance of his duties, payable to the Director of the State Game and Fish Commission."

Section 3. All laws and parts of laws in conflict with this act are hereby repealed.

Senator Pennington of the 45th moved that the Senate adopt the report of the Committee of Conference to HB 369.

On the motion, the ayes were 34, nays 0.

FRIDAY, FEBRUARY 18, 1966

1635

The motion prevailed, and the report of the Committee of Conference was adopted.

Senator Dean of the 6th moved that the Senate reconsider the followingbill of the Senate:

SB 159. By Senator Dean of the 6th:
A bill to declare that the practice of nudism or the participation in the practice of nudism in any manner whatsoever shall be against the public policy of the State of Georgia; to provide definitions of nudism; and for other purposes.

On the motion to reconsider, Senator Dean of the 6th 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:

Dean Downing Gillis Holley Jackson Kidd

Miller McKenzie Padgett Pennington Sanders Smith

Spinks Thompson Webb Yancey Young

Those voting in the negative were Senators:

Bateman Broun Carter Edenfield Eldridge Fincher of 51st Foster

Gayner Gregory Johnson of 42nd Johnson of 38th Kilpatrick Lee Loggins

Maclntyre Rowan Salome Tribble Wesberry

By unanimous consent, verification of the roll call was dispensed with.

On the motion to reconsider, the ayes were 17, nays 19, and the motion was lost.

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the Senate to-wit:

1636

JOURNAL OF THE SENATE,

SB 5. By Senator Smalley of the 28th:
A bill known as the "Municipal Home Rule Act of 1965", approved March 26, 1965, so as to change and clarify the provisions relating: to the calling of referendum elections; and for other purposes.

SB 6. By Senator Smalley of the 28th:
A bill to amend Code Chapter 39-6, relating to the satisfaction of execu tions, so as to provide for the entering upon the fi. fa. of part payments made on judgments; to provide for the cancellation of executions; and for other purposes.

SR 49. By Senators Hall of the 52nd. Jackson of the 16th, and Kendrick of the 32nd:
A resolution creating an interim study committee to study the feasibility of establishing a central computerized criminal records system for the State of Georgia; and for other purposes.

SR 61. By Senators Loggins of the 53rd and Lee of the 47th:
A resolution to authorize the acceptance of the bid of Sonoco Products Company, to lease 1.22 acres of State-owned property in Fulton County, and for other purposes.

SR 80 By Senator Webb of the llth:
A resolution to create the Air Pollution Study Committee; and for other purposes.

SR 83. By Senators Lee of the 47th and Loggins of the 53rd:
A resolution authorizing the disposal of that tract of land on which is presently located the Governor's mansion; and for other purposes.

SB 98. By Senators Jackson of the 16th and Kendriek of the 32nd:
A bill to amend an act establishing a retirement system for teachers in the State Public Schools; and for other purposes.

SB 102. By Senator Johnson of the 42nd:
A bill to amend Code Title 109, relating to the incorporation and organi zation of trust companies, as amended, so as to change the amount of paid-in capital stock required for incorporation and organization of a trust company, and for other purposes.

FRIDAY, FEBRUARY 18, 1966

1637

SB 115. By Senator Kilpatrick of the 44th:
A bill to amend Code Section 69-203 relating to the drawing of names of persons to serve as jurors so as to change the maximum number of names that may be drawn, and for other purposes.

SB 124. By Senator Johnson of the 42nd: A bill to amend an act requiring banks and other entities doing a trust business to secure uninvested trust funds, so as to provide that such uninvested trust funds may be secured by additional obligations, and for other purposes.
SB 212. By Senator Pennington of the 45th: A bill to amend an act defining certain agricultural terms, as amended, so as to include in said definition container grown products, and for other purposes.
SB 214. By Senator Eldridge of the 7th: A bill to provide for clearance by quiet title proceedings of defects in real estate titles; and for other purposes.

The House has adopted the following Resolutions of the Senate, to wit:

SR 65. By Senator Holloway of the 12th:
A resolution creating an interim committee to study all matters relating to the feasibility of establishing a state liaison office in Washington, D. C., and for other purposes.

SR 86. By Senators Lee of the 47th and Minish of the 48th:
A resolution commending the members of the Governor's Commission on Efficiency and Improvement in Government; and for other purposes.

SR 88. By Senator Kidd of the 25th: A resolution commending the Honorable G. M. Kirk; and for other purposes.
SR 105. By Senators Maclntyre of the 40th, Coggin of the 35th, Thompson of the 34th and Johnson of the 38th: A resolution commending Major Charles A. Beckwith; and for other purposes.

1638

JOURNAL OF THE SENATE,

HR 274. By Messrs. Blalock and Davis of the 33rd:
A resolution proposing an amendment to the Constitution so as to create the Coweta County Development Authority; and for other pur poses.

The following report of the Conference Committee was taken up by con sideration :

Mr. President: Mr. Speaker:

CONFERENCE COMMITTEE REPORT
ON H. R. NO. 274-596

The Conference Committee on HR 274-596 has met and respectfully recom mends the adoption of the following report:

(a) That the Senate recede from its position;

(b) That the House recede from its position; and

(c) That the attached amendments to H. R. No. 274-596 be adopted.

This 18th day of February, 1966.

Respectfully submitted,
FOR THE SENATE
Lamar R. Plunkett Senator, 30th District
Kyle Yancey Senator, 33rd District
J. M. (Joe) Salome Senator, 36th District

FOR THE HOUSE OF REPRESENTATIVES
D. B. Blalock Representative, 33rd District
Young H. Longino Representative, 122nd District
Wm. J. Lee Representative, 35th District

Senator Yancey of the 33rd moved that the report of the Conference Com mittee be adopted.

FRIDAY, FEBRUARY 18, 1966

1639

On the motion, the ayes were 35, the nays 0.

The motion prevailed, and the report of the Conference was adopted.

Senator Webb of the llth moved that the Senate resolve itself into Ex ecutive Session, and the motion prevailed.

The Executive Session was disolved, and the Senate resumed its regular order of business.

The following communication was dispatched to His Excellency, Governor Carl E. Sanders:

Honorable Carl E. Sanders, Governor, State Capitol, Atlanta, Georgia.

February 18, 1966

Dear Governor:

Under the rules governing Executive Sessions of the State Senate, I have the honor to report to you as follows:

Honorable T. Guy Connell of Lowndes County as Judge of the City Court of Valdosta for a term beginning December 11, 1965, and ending December 11, 1969. The appointee was confirmed.

Honorable Woodrow Rehberg of Lowndes County as Solicitor General of the City Court of Valdosta for a term beginning December 11, 1965, and ending December 11, 1969. The appointee was confirmed.

Honorable U. Erwin Sibley of Baldwin County as Judge of the County Court of Baldwin County for a term beginning September 24, 1964, and ending Sep tember 3, 1969. The appointee was confirmed.

Honorable Louis A. Thompson of Chatham County as a member of the State Board of Accountancy for a term beginning July 12, 1965, and ending June 30, 1969. The appointee was confirmed.

Bridgadier John D. Needham of Fulton County as a member of the State Commission on Aging for a term beginning July 1, 1965, and ending July 1, 1969. The appointee was confirmed.

Dr. John T. Mauldin of Fulton County as a member of the State Commission on Aging for a term beginning July 1, 1965, and ending July 1, 1969. The ap pointee was confirmed.

1640

JOURNAL OF THE SENATE,

Honorable Hugh Gaston of Dougherty County as a member of the State Commission on Aging for a term beginning July 1, 1965, and ending July 1, 1969. The appointee was confirmed.

Honorable H. C. Morrison of Chatham County as a member of the State Commission on Aging for a term beginning July 1, 1965, and ending July 1, 1969. The appointee was confirmed.

Honorable C. O. Templeton of Lowndes County as a member of the State Commission on Aging for a term beginning July 1, 1965, and ending July 1, 1969. The appointee was confirmed.

Dr. A. John Mooney of Bulloch County as a member of the Advisory Com mittee on Alcoholism for a term beginning July 22, 1965, and ending March 16, 1972. The appointee was confirmed.

Honorable William D. Eve of Richmond County as a member of the State Board for Examination, Qualification and Registration of Architects for a term beginning July 12, 1965, and ending March 5, 1970. The appointee was confirmed.

Honorable H. J. Gofer, Jr., of Glynn County as a member the Atlantic States Marine Fisheries Commission for a term beginning May 19, 1965, and ending May 18, 1968. The appointee was confirmed.

Honorable E. H. Culpepper of Fulton County as an Assistant Attorney Gen eral for a term beginning June 11, 1965, and serving at the pleasure of the Governor and Attorney General. The appointee was confirmed.

Honorable Paul Hanes of DeKalb County as an Assistant Attorney General for a term beginning June 11, 1965, and serving at the pleasure of the Governor and Attorney General. The appointee was confirmed.

Honorable Carter A. Setliff of Fulton County as an Assistant Attorney Gen eral for a term beginning June 11, 1965, and serving at the pleasure of the Gov ernor and Attorney General. The appointee was confirmed.

Mrs. Mamie K. Taylor of DeKalb County as a member of the State Board for Children and Youth for a term beginning July 1, 1965, and ending July 1, 1971. The appointee was confirmed.

Mrs. Lamar Russell of Henry County as a member of the State Board for Children and Youth for a term beginning July 1, 1965, and ending July 1, 1967. The appointee was confirmed.

Honorable Elden Mathews of Crisp County as a member of the State Board for Children and Youth for a term beginning July 1, 1965, and ending July 1, 1971. The appointee was confirmed.

Honorable Jack Williams, Jr., of Ware County as a member of the State Board for Children and Youth for a term beginning July 12, 1965, and ending July 1, 1971. The appointee was confirmed.

FRIDAY, FEBRUARY 18, 1966

1641

Honorable Robert D. Fowler of Gwinnett County as a member of the State Board for Children and Youth for a term beginning August 23, 1965, and ending July 1, 1967. The appointee was confirmed.

Honorable Guy K. Hutcherson of Muscogee County as a member of the State Board for Children and Youth for a term beginning August 31, 1965, and ending July 1, 1971. The appointee was confirmed.

Honorable D. M. Livingston of Polk County as a member of the Georgia, Board of Chiropractic Examiners for a term beginning August 4, 1965, and end ing August 20, 1968. The appointee was confirmed.

Honorable Hoyt B. Duke of Richmond County as a member of the Georgia Board of Chiropractic Examiners for a term beginning September 8, 1965, and ending September 8, 1968. The appointee was confirmed.

Dr. T. Earl Taylor of Mucogee County as a member of the Board of Dental Examiners of Georgia for a term beginning August 26, 1965, and ending August 1, 1970. The appointee was confirmed.

Honorable Jim L. Gillis, Jr., of Treutlen County as a member of the Georgia Development Authority for a term beginning July 12, 1965, and ending July 1, 1973. The appointee was confirmed.

Honorable L. R. Turpin of Habersham County as a member of the Board of Directors of the Georgia Higher Education Assistance Corporation and Georgia State Scholarship Commission for a term beginning March 15, 1965, and ending March 15, 1968. The appointee was confirmed.

Honorable J. A. Andrews of Stephens County as a member of the Board of Directors of the Georgia Higher Education Assistance Corporation and the Georgia State Scholarship Commission for a term beginning March 15, 1965, and ending March 15, 1968. The appointee was confirmed.

Honorable Milton Carlton of Emanuel County as a member of the Board of Directors of the Georgia Higher Education Assistance Corporation and the Georgia State Scholarship Commission for a term beginning March 15, 1965, and ending March 15, 1966. The appointee was confirmed.

Honorable Emmett Chastain of Grady County as a member of the Board of Directors of the Georgia Higher Education Assistance Corporation and the Georgia State Scholarship Commission for a term beginning March 15, 1965, and ending March 15, 1967. The appointee was confirmed.

Honorable James Ward of Mucogee County as a member of the Board of Directors of the Georgia Higher Education Assistance Corporation and the Georgia State Scholarship Commission for a term beginning March 15, 1965, and ending March 15, 1970. The appointee was confirmed.

Honorable Wallace M. Alston of DeKalb County as a member of the Board of Directors of the Georgia Higher Education Assistance Corporation and the Georgia State Scholarship Commission for a term beginning March 15, 1965, and ending March 15, 1970. The appointee was confirmed.

1642

JOURNAL OP THE SENATE,

Mrs. Connie W. Stewart of Fulton County as a member of the Board .of Directors of the Georgia Higher Education Assistance Corporation and the Georgia State Scholarship Commission for a term beginning March 15, 1965, and ending March 15, 1969. The appointee was confirmed.

Honorable Carey T. Vinzant of Monroe County as a member of the Board of Directors of the Georgia Higher Education Assistance Corporation and the Georgia State Scholarship Commission for a term beginning March 15, 1965, and ending March 15, 1971. The appointee was confirmed.

Honorable William Ingram of Bartow County as a member of the Board of Directors of the Georgia Higher Education Assistance Corporation and the Georgia State Scholarship Commission for a term beginning March 15, 1965, and ending March 15, 1971. The appointee was confirmed.

Honorable Albert Jenkins of Appling County as a member of the Georgia Higher Education Assistance Corporation and the Georgia State Scholarship Commission for a term beginning March 16, 1965, and ending March 15, 1969. The appointtee was confirmed.

Honorable Eugene W. Owen of Cherokee County as a member of the Georgia Higher Education Assistance Corporation and the Georgia State Scholarship Commission for a term beginning March 15, 1965, and ending March 15, 1968. The appointee was confirmed.

Honorable Ben Tarbutton, Jr., of Washing! m County as a member of the Georgia Higher Education Assistance Corporation and the Georgia State Scholar ship Commission for a term beginning March 15, 1965, and ending March 15, 1967. The appointee was confirmed.

Dr. Paul Webber of Fulton County as a member of the State Board of Regis tration for Professional Engineers and Land Surveyors for a term beginning July 12, 1965, and ending June 1, 1970. The appointee was confirmed.

Honorable Charles 0. Smith, Jr. of Colquitt County as a member of the Geor gia Educational Improvement Council for a term beginning July 12, 1965, and ending July 1, 1969. The appointee was confirmed.

Honorable Clifford M. Clarke of Fulton County as a member of the Georgia Educational Improvement Council for a term beginning July 12, 1965, and ending July 1, 1969. The appointtee was confirmed.

Mrs. Blanche Hobbs of Mucogee County as a member of the State Board of Education for a term beginning January 19, 1966, and ending January 1, 1969. The appointee was confirmed.

Mrs. Sol Clark of Chatham County as a member of the State Board of Family and Children Services for a term beginning July 14, 1965, and serving concurrent with term of Governor. The appointee was confirmed.

Honorable Harvey Hester of Cobb County as a member of the Food Service Advisory Council for a term beginning July 12, 1965, and ending July 1, 1969. The appointee was confirmed.

FRIDAY, FEBRUARY 18, 1966

1643

Honorable J. Walter Myers, Jr., of Fulton County as a member of the State Board of Registration for Foresters for a term beginning July 12, 1965, and ending July 1, 1970. The appointee was confirmed.

Honorable Norman M. Lovein, Jr., of Berrien County as a member of the Georgia State Board of Funeral Service for a term beginning May 7, 1965, and ending February 13, 1970. The appointee was confirmed.

Dr. Roy L. Gibson of Muscogee County as a member of the Board of Health for a term beginning July 12, 1965, and ending July 1, 1971. The appointee was confirmed.
Honorable Harrison Bray of Meriwether County as a member of the Board of Health for a term beginning July 12, 1965, and ending July 1, 1971. The ap pointee was confirmed.
Dr. A. C. Tuck of Thomas County as a member of the Board of Health for a term beginning October 7, 1965, and ending July 1, 1971. The appointee was confirmed.
Honorable A. Jack Embry of DeKalb County as a member of the State High way Board for a term beginning July 12, 1965, and ending April 16, 1967. The appointee was confirmed.
Honorable Leroy Cowart of Bulloch County as a member of the Hospital Advisory Council for a term beginning July 15, 1965, and ending July 1, 1969. The appointee was confirmed.

Honorable Martin Bailey of Grady County as a member of the Hospital Advisory Council for a term beginning July 15, 1965, and ending July 1, 1968. The appointee was confirmed.

Honorable Paul Sinclair of Macon County as a member of the Hospital Advisory Council for a term beginning July 15, 1965, and ending July 1, 1969. The appointee was confirmed.

Honorable Willie E. Lewis of DeKalb County as a member of the Hospital Advisory Council for a term beginning July 15, 1965, and ending July 1, 1967. The appointee was confirmed.

Honorable Will Jessup of Dodge County as a member of the Hospital Advisory Council for a term beginning July 15, 1965, and ending July 1, 1969. The appointee was confirmed.

Honorable Terrell Starr of Clayton County as a member of the Hospital Advisory Council for a term beginning July 15, 1965, and ending July 1, 1969. The appointee was confirmed.
Honorable Reeder Tucker of Franklin County as a member of the Hospital Advisory Council for a term beginning July 15, 1965, and ending July 1, 1968. The appointee was confirmed.
Honorable Ralph Snow of Clarke County as a member of the Hospital Advisory Council for a term beginning July 15, 1965, and ending July 1, 1969. The appointee was confirmed.

1644

JOURNAL OF THE SENATE,

Honorable Joe Aycock of Walton County as a member of the Hospital Advisory Council for a term beginning July 15, 1965, and ending July 1, 1969. The appointee was confirmed.
Honorable J. Curtis Lane of Bulloch County as a member of the Hospital Advisory Council for a term beginning July 15, 1965, and ending July 1, 1968. The appointee was confirmed.
Honorable Norman D. Burkett of Whitfield County as a member of the Hospi tal Advisory Council for a term beginning July 15, 1965, and ending July 1, 1968. The appointee was confirmed.
Honorable B. Fred Statham of Sumter County as a member of the Hospital Advisory Council for a term beginning July 15, 1965, and ending July 1, 1968. The appointee was confirmed.
Honorable J. B. Cherry of Terrell County as member of the Hospital Ad visory Council for a term beginning July 15, 1965, and ending July 1, 1966. The appointee was confirmed.
Mrs. Janie Coker of Bibb County as a member of the Hospital Advisory Council for a term beginning July 15, 1965, and ending July 1, 1966. The ap pointee was confirmed.
Honorable John E. Yarbrough of Floyd County as a member of the Hospital Advisory Council for a term beginning July 15, 1965, and ending July 1, 1967. The appointee was confirmed.
Dr. A. B. Conger of Muscogee County as a member of the Hospital Advisory Council for a term beginning July 15, 1965, and ending July 1, 1967. The ap pointee was confirmed.
Mrs. Nadine Bender of DeKalb County as a member of the Hospital Advisory Council for a term beginning July 15, 1965, and ending July 1, 1966. The appointee was confirmed.
Honorable John R. Hines of Troup County as a member of the Board of Com missioners of the Department of Industry and Trade for a term beginning Nov ember 17, 1965, and ending April 1, 1966. The appointee was confirmed.

Dr. Sanford S. Atwood of DeKalb County as a member of the Governor's Advisory Committee on Summer Internship Program in State Government for a term beginning November 24, 1965, and serving at the pleasure of the Governor. The appointee was confirmed.

Dr. O. C. Aderhold of Clarke County as a member of the Governor's Ad visory Committee on Summer Internship Program in State Government for a term beginning November 24, 1965, and serving at the pleasure of the Governor. The appointee was confirmed.

Dr. Noah Langdale, Jr., of Fulton County as a member of the Governor's Advisory Committee on Summer Internship Program in State Government for a term beginning November 24, 1965, and serving at the pleasure of the Governor. The appointee was confirmed.
Honorable Tom E. Greene, Jr., of Bibb County as a member of the Governor's Advisory Committee on Summer Internship in State Government for a term be ginning November 24, 1965, and serving at the pleasure of the Governor. The appointee was confirmed.

FRIDAY, FEBRUARY 18, 1966

1645

Honorable Charles Smithgall of Hall County as a member of the Governor's Advisory Committee on Summer Internship Program in State Government for a term beginning November 24, 1965, and serving at the pleasure of the Governor. The appointee was confirmed.

Honorable Howard C. Wallace of Spalding County as a member of the Gov ernor's Commission on Judicial Selection for a term beginning July 21, 1965, and running concurrent with the term of the Governor. The appointee was confirmed.

Honorable Fred H. Walker of Lowndes County as a member of the Governor's Commission on Judicial Selection for a term beginning July 21, 1965, and running concurrent with term of the Governor. The appointee was confirmed.

Honorable Hubert B. Owens of Clarke County as a member of the Georgia State Board of Landscape Architects for a term beginning May 4, 1965, and end ing April 1, 1969. The appointee was confirmed.

Honorable Sylvan Meyer of Hall County as a member of the Lake Lanier Island Development Authority for a term beginning May 17, 1965, and ending May 15, 1969. The appointee was confirmed.

Honorable L. Edd Travis of Hall County as a member of the Lake Lanier Islands Development Authority for a term beginning May 17, 1965, and ending May 15, 1968. The appointee was confirmed.

Honorable Eugene W. O.'Brien of Fulton County as a member of the Lake Lanier Islands Development Authority for a term beginning May 17, 1965, and ending May 15, 1967. The appointee was confirmed.

Honorable Harry C. Adley of Fulton County as a member of the Lake Lanier Islands Development Authority for a term beginning May 17, 1965, and ending May 15, 1966. The appointee was confirmed.

Honorable Hubert L. Dyar of Franklin County as a member of the State Literature Commission for a term beginning April 12, 1965, and ending April 1, 1969. The appointee was confirmed.

Honorable James P. Wesberry of Fulton County as a member of the State Literature Commission for a term beginning April 12, 1965, and ending April 1, 1969. The appointee was confirmed.

Honorable Marcus B. Calhoun of Thomas County as a member of the State Literature Commission for a term beginning April 17, 1965, and ending April 1, 1969. The appointee was confirmed.

Dr. Ivan R. Elder of Haralson County as a member of the State Medical Education Board for a term beginning May 5, 1965, and ending May 1, 1969, The appointee was confirmed.

Dr. Stell B. Traylor of Lamar County as a member of the State Medical Board for a term beginning May 5, 1965, and ending May 1, 1969. The appointee was confirmed.

1646

JOURNAL OP THE SENATE,

Dr. Carol G. Pryor of Richmond County as a member of the State Medical Board for a term beginning May 5, 1965, and ending May 1, 1969. The appointee was confirmed.
Honorable J. C. Bible, Jr., of Richmond County as a member of the Mineral Leasing Commission for a term beginning May 7, 1965, and serving at the pleasure of the Governor. The appointee was confirmed.

Honorable W. Perry Ballard, Jr., of Fulton County as a member of the Min eral Leasing Commission for a term beginning May 7, 1965, and serving at the pleasure of the Governor. The appointee was confirmed.

Honorable Joseph Isenberg of Glynn County as a member of the Mineral Leasing Commission for a term beginning May 7, 1965, and serving at the plea sure of the Governor. The appointee was confirmed.

Honorable H. H. Sancken of Dougherty County as a member of the Mineral Leasing Commission for a term beginning May 7, 1965, and serving at the plea sure of the Governor. The appointee was confirmed.

Honorable Hugh R. Papy of Chatham County as a member of the Mineral Leasing Commission for a term beginning May 7, 1965, and serving at the plea sure of the Governor. The appointee was confirmed.

Honorable Lew R. Cooper of White County as a member of the North Georgia Mountains Commission for a term beginning May 4, 1965, and ending May 7, 1971. The appointee was confirmed.

Mrs. Amilee Graves of Habersham County as a member of the North Georgia Mountains Commission for a term beginning May 5, 1965, and ending May 7, 1971. The appointee was confirmed.

Honorable John L. Cromartie of Hall County as a member of the Board of Trustees of the Joint Municipal Employee's Retirement System for a term begin ning May 5, 1965, and ending June 30, 1966. The appointee was confirmed.

Honorable Shell E. Hartley of Carroll County as a member of the Board of Trustees of the Joint Municipal Employee's Retirement System for a term be ginning May 5, 1965, and ending June 30, 1970. The appointee was confirmed.

Honorable Lee E. Carter of Hart County as a member of the Board of Trustees of the Joint Municipal Employee's Retirement System for a term be ginning May 5, 1965, and ending June 30, 1969. The appointee was confirmed.

Honorable L. H. Atherton of Cobb County as a member of the Board of Trustees of the Joint Municipal Employee's Retirement System for a term be ginning May 5, 1965, and ending June 30, 1968. The appointee was confirmed.

Honorable Charles C. Jordan of Wilkes County as a member of the Board of Trustees of the Joint Municipal Employee's Retirement System for a term begin ning May 5, 1965, and ending June 30, 1967. The appointee was confirmed.

FRIDAY, FEBRUARY 18, 1966

1647

Honorable Richard M. Stewart of Lowndes County as a member of the Board of Trustees of the Joint Municipal Employee's Retirement System for a term beginning May 5, 1965, and ending June 30, 1966. The appointee was confirmed.

Miss E. Louise Grant of Richmond County as a member of the Board of Examiners of Nurses for Georgia for a term beginning August 26, 1965, and ending September 23, 1968. The appointee was confirmed.

Mrs. Edith Gill of Muscogee County as a member of the Board of Examiners of Practical Nurses of Georgia for a term beginning July 12, 1965, and ending April 1, 1969. The appointee was confirmed.

Dr. Galen B. Kilburn of Fulton County as a member of the State Board of Dispensing Opticians for a term beginning July 12, 1965, and ending March 16, 1969. The appointee was confirmed.

Dr. W. R. Gilbert of Spalding County as a member of the Georgia Stat? Board of Examiners in Optometry for a term beginning September 6, 1965, and ending September 6, 1968. The appointee was confirmed.

Dr. T. Benjamin Youmans, Jr., of Gordon County as a member of the Georgia State Board of Examiners in Optometry for a term beginning Septem ber 6, 1965, and ending September 6, 1968. The appointee was confirmed.

Dr. Hassie H. Trimble, Jr., of Colquitt County as a member of the State Board of Osteopathic Examiners of Georgia for a term beginning September 10, 1965, and ending September 10, 1968. The appointee was confirmed.

Honorable J. C. Register of Ware County as a member of the Georgia State Board of Pharmacy for a term beginning November 17, 1964, and ending Nuvember 1, 1969. The appointee was confirmed.

Honorable Ernest W. Oatts of Laurens County as a member of the Georgia State Board of Pharmacy for a term beginning November 15, 1965, and ending November 1, 1970. The appointee was confirmed.

Honorable Thomas E. McDonough of Fulton County as a member of the Governor's Council on Physical Fitness for a term beginning July 30, 1965, and serving at the pleasure of the Governor. The appointee was confirmed.

Dr. Fred L. Allman of Fulton County as a member of the Governor's Coun cil on Physical Fitness for a term beginning July 30, 1965, and serving at the pleasure of the Governor. The appointee was confirmed.

Dr. A. R. Pitts of Lowndes County as a member of the State Board of Podiatry Examiners for a term beginning July 30, 1965, and ending May 5, 1968. The appointee was confirmed.

Honorable W. D. Trippe of Polk County as a member of the Georgia Ports Authority for a term beginning August 26, 1965, and ending June 30, 1969. The appointee was confirmed.

1648

JOURNAL OF THE SENATE,

Dr. Florence Young of Clarke County as a member of the State Board of Examiners of Psychologists for a term beginning July 12, 1965, and ending March 27, 1968. The appointee was confirmed.

Dr. John T. Godwin of Fulton County as a member of the Radiation Con trol Council for a term beginning July 12, 1965, an dending July 1, 1968. The appointee was confirmed.

Honorable Richard K. Miller of Richmond County as a member of the Georgia Real Estate Commission for a term beginning December 20, 1965, and ending February 24, 1967. The appointee was confirmed.

Honorable Archie L. Campbell, Jr., of Houston County as a member of the Georgia Recreation Commission for a term beginning April 27, 1965, and ending June 29, 1966. The appointee was confirmed.

Honorable James E. Brown of Whitfield County as a member of the Georgia Recreation Commission for a term beginning May 31, 1965, and ending June 29, 1967. The appointee was confirmed.

Honorable Robert Baggott of Coweta County as a member of the Georgia Recreation Commission for a term beginning July 12, 1965, and ending June 29, 1969. The appointee was confirmed.

Mrs. Cicero A. Johnston of DeKalb County as a member of the Georgia Recreation Commission for a term beginning September 10, 1965, and ending June 29, 1969. The appointee was confirmed.

Honorable Frank Malone of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning August 26, 1965, and ending April 1, 1968. The appointee was confirmed.

Dr. Paul R. Beall of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning August 26, 1965, and ending April 1, 1971. The appointee was confirmed.

Dr. Rufus Clement of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning August 26, 1965, and ending April 1, 1971. The appointee was confirmed.

Honorable Albert Twiggs of Fulton County as a member of the State Board of Examiners for Registered Professional Sanitarians for a term be ginning May 5, 1965, and ending April 24, 1970. The appointee was confirmed.

Dr. George L. Simpson of Fulton County as a member of the Board of Control for Southern Regional Education for a term beginning August 26, 1965, and ending June 30, 1969. The appointee was confirmed.

Honorable Leon Jordan of Muscogee County as a member of the State Board of Registration of Used Car Dealers for a term beginning July 12, 1965, and ending April 8, 1970. The appointee was confirmed.

FRIDAY, FEBRUARY 18, 1966

1649

Honorable Austin R. Bailey of Wayne County as a member of the State Water Quality Control Board for a term beginning July 1, 1965, and ending July 1, 1969. The appointee was confirmed.

Honorable V. D. Parrott of Whitfield County as a member of the State Water Quality Control Board for a term beginning July 1, 1965, and ending July 1, 1969. The appointee was confirmed.

Honorable William B. Greene of Bartow County as a member of the State Water Quality Control Board for a term beginning July 1, 1965, and endingJuly 1, 1969. The appointee was confirmed.

Honorable Malcolm R. Maclean of Chatham County as a member of the Georgia Waterways Commission for a term beginning July 30, 1965, and ending April 24, 1969. The appointee was confirmed.

Honorable Dean Covington of Floyd County as a member of the Georgia Waterways Commission for a term beginning July 30, 1965, and ending April 24, 1969. The appointee was confirmed.

Honorable Paul A. Keenan, Jr., of Dougherty County as a member of the Georgia Waterways Commission for a term beginning July 30, 1965, and ending April 24, 1969. The appointee was confirmed.

Honorable Valene Bennett of Bacon County as a member of the Georgia Waterways Commission for a term beginning July 30, 1965, and ending April 24, 1969. The appointee was confirmed.

Honorable J. W. Woodruff, Jr., of Muscogee County as a member and Chairman of the Georgia Waterways Commission for a term beginning on July 30, 1965, and ending April 24, 1969. The appointee was confirmed.

Honorable Clinton L. Sanders of Fulton County as a member of the Georgia V/aterways Commission for a term beginning August 23, 1965, and ending April 24, 1969. The appointee was confirmed.

Honorable Roscoe Lowery of Fulton County as a member of the State Board of Workmen's Compensation for a term beginning May 1, 1965, and ending May 1, 1969. The appointee was confirmed.

Honorable Frank L. Gross of Stephens County as a member of the State Board of Workmen's Compensation for a term beginning May 1, 1965, and ending' May 1, 1969. The appointee was confirmed.

Honorable Charles A. Smithgall of Hall County as a member of the Board of Regents of the University System of Georgia for a term beginning January 10, 1966, and ending January 1, 1967. The appointee was confirmed.

Honorable James A. Dunlap of Hall County as a member of the Board of Regents of the University System of Georgia for a term beginning January 10, 1966, and ending January 1, 1973. The appointee was confirmed.

1650

JOURNAL OP THE SENATE,

Honorable E. E. Griffin, Jr., of Glascock County as a member of the State Board of Veterans Service for a term beginning January 10, 1966, and ending April 1, 1972. The appointee was confirmed.

Honorable Jack P. Nix of DeKalb County as a member of the Capitol Square Improvement Council for a term beginning January 12, 1966, and serving at the pleasure of the Governor. The appointee was confirmed.

Mrs. E. W. Fleming of Troup County as a member of the Georgia State Board of Cosmetology for a term beginning May 1, 1966, and ending May 1, 1969. The appointee was confirmed.

Honorable F. B. Rainwater of Fulton County as member of the Georgia State Board of Barbers for a term beginning May 13, 1966, and ending May 13, 1969. The appointee was confirmed.

Honorable Wiley B. Fordham of Bulloch County as a member of the Georgia State Board of Barbers for a term beginning May 13, 1966, and ending May 13, 1969. The appointee was confirmed.

Dr. George C. Paulk, Jr., of Fulton County as a member of the Georgia Board of Chiropractic Examiners for a term beginning August 20, 1966, and ending August 20, 1969. The appointee was confirmed.

Honorable A. Ray Shirley of Bibb County as a member of the State Board of Registration for Foresters for a term beginning March 19, 1966, and ending March 19, 1971. The appointee was confirmed.

Honorable Zack Daniel of Franklin County as a member of the Georgia Educational Improvement Council for a term beginning July 1, 1966, and ending July 1, 1970. The appointee was confirmed.

Honorable McGrath Keen of Laurens County as a member of the Georgia Educational Improvement Council for a term beginning July 1, 1966, and ending July 1, 1970. The appointee was confirmed.

Honorable Milton Carlton of Emanuel County as a member of the Board of Directors of the Georgia Higher Education Assistance Corporation for a term beginning March 15, 1966, and ending March 15, 1972. The appointee was confirmed.
Honorable J. A. Andrews of Stephens County as a member of the Board of Directors of the Georgia Higher Education Assistance Corporation for a term beginning March 15, 1966, and ending March 15, 1972. The appointee was confirmed.
Mrs. Charles Treado of Screven County as a member of the Food Service Advisory Council for a term beginning July 1, 1966 and ending July 1, 1970. The appointee was confirmed.

Honorable H. Ray Phillips of Columbia County as a member of the Georgia State Board of Barbers for a term beginning May 13, 1966, and ending May 13, 1969. The appointee was confirmed.

FRIDAY, FEBRUARY 18, 1966

1651

Honorable James V. Carmichael of Cobb County as a member of the Board of Regents of the University System of Georgia, representing the Seventh Congressional District, for a term beginning January 19, 1966, and ending January 1, 1973. The appointee was confirmed.

Honorable Jack P. Nix of DeKalb County as a member of the Georgia Science and Technology Commission for a term beginning January 20, 1966, and ending April 1, 1972. The appointee was confirmed.

Honorable George L. Simpson of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning April 1, 1966, and ending April 1, 1972. The appointee was confirmed.

Mrs. Ouida Canaday of DeKalb County as a member of the Georgia Art Commission for a term beginning January 18, 1966, and ending December 31, 1968. The appointee was confirmed.

Dr. J. C. Norris of Fulton County as a member of the Workmen's Com pensation Medical Board for a term beginning March 30, 1966, and ending March 30, 1968. The appointee was confirmed.

Dr. A. P. Jones of Spalding County as member of the Workmen's Com pensation Board for a term beginning March 30, 1966, and ending March 30, 106t. Ihe appointee was confirmed.

Honorable Herny G. McKemie of Clay County as a member of the Georgia Waterways Commission for a term beginning January 19, 1966, and ending April 24, 1969. The appointee was confirmed.

Honorable John H. Venable of Fulton County as a member of the State Water Quality Control Board for a term beginning July 1, 1966, and ending July 1, 1970. The appointee was confirmed.

Honorable Julius A. McCurdy of DeKalb County as a member of the Stone Mountain Memorial Association for a term beginning February 24, 1966, and ending February 24, 1969. The appointee was confirmed.

Dr. William G. Trawick of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning April 1, 1966, and ending April 1, 1972. The appointee was confirmed.

Dr. James A. Bain of DeKalb County as a member of the Georgia Science and Technology Commission for a term beginning April 1, 1966, and endingApril 1, 1972. The appointee was confirmed.

Dr. Walter L. Bloom of Cobb County as a member of the Georgia Science and Technology Commission for a term beginning April 1, 1966, and ending April 1, 1972. The appointee was confirmed.

Honorable Thomas R. May of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning April 1, 1966, and ending April 1, 1972. The appointee was confirmed.

1652

JOURNAL OF THE SENATE,

Dr. W. Bruce Schaefer of Stephens County as a member of the Georgia Science and Technology Commission for a term beginning April 1, 1966, and ending April 1, 1972. The appointee was confirmed.

Honorable Chappelle Matthews of Clarke County as a member of the Georgia Science and Technology Commission for a term beginning April 1, 1966, and ending April 1, 1972. The appointee was confirmed.

Dr. 0. C. Aderhold of Clarke County as a member of the Georgia Science and Technology Commission for a term beginning April 1, 1966, and ending April 1, 1972. The appointee was confirmed.

Honorable A. L. Feldman of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning April 1, 1966, and ending April 1, 1972. The appointee was confirmed.

Honorable Ottley McCarty of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning April 1, 1966, and ending April 1, 1972. The appointee was confirmed.

Dr. Robert A. McRorie of Clarke County as a member of the Georgia Science and Technology Commission for a term beginning April 1, 1966, and ending April 1, 1972. The appointee was confirmed.

Dr. Robert E. Stiemke of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning April 1, 1966, and ending April 1, 1972. The appointee was confirmed.

Honorable W. A. Sutton of Clayton County as a member of the Georgia Science and Technology Commission for a term beginning April 1, 1966, and ending April 1, 1972. The appointee was confirmed.

Honorable Verne Pickren of Charlton County as a member of the Georgia Recreation Commission for a term beginning June 29, 1966, and ending June 29, 1970. The appointee was confirmed.

Honorable Archie L. Campbell, Jr., of Houston County as a member of the Georgia Recreation Commission for a term beginning June 29, 1966, and ending June 29, 1970. The appointee was confirmed.

Honorable A. M. Harris, Sr., of Glynn County as a member of the Georgia Ports Authority for a term beginning July 1, 1966, and ending July 1, 1970. The appointee was confirmed.

Mrs. Rebecca L. Garrett of Taylor County as Chairman of the State Board of Pardons and Paroles for a term beginning January 19, 1966, and ending January 1, 1968. The appointee was confirmed.

Honorable John Bankson of Chattooga County as a member of the North Georgia Mountains Commission for a term beginning May 7, 1966, and endingMay 7, 1972. The appointee was confirmed.

FRIDAY, FEBRUARY 18, 1966

1653

Honorable Harry C. Adley of Fulton County as a member of the Lake Lanier Islands Development Authority for a term beginning May 15, 1966, and ending May 15, 1970. The appointee was confirmed.

Mrs. Blanche Hobbs of Muscogee County as a member of the State Board of Education, representing the Third Congressional District, for a term begin ning January 19, 1966, and ending January 1, 1969. The appointee was con firmed.
Miss Sarah Hightower of Floyd County as a member of the State Board for the Certification of Librarians for a. term beginning January 19, 1966, and ending December 31, 1970. The appointee was confirmed.

Miss Viva Erickson of Meriwether County as a member of the Board of Physical Therapy for a term beginning August 30, 1966, and ending August 30, 1969. The appointment was confirmed.

Honorable Paul E. Bunch of Chatham County as a member of the State Board of Registration of Used Car Dealers for a term beginning April 3, 1966, and ending April 8, 1971. The appointee was confirmed.

Honorable Herbert K. Stone of Fulton County as a member of the State Board of Examiners of Psychologists for a term beginning March 27, 1966, and ending March 27, 1969. The appointee was confirmed.

Miss Lois Statham of Dougherty County as a member of the Board of Physical Therapy for a term beginning August 30, 1966, and ending August 30, 1969. The appointee was confirmed.

Honorable Morton Wittenberg of Richmond County as a member of the State Board of Podiatry Examiners for a term beginning May 5, 1966, and ending May 5, 1969. The appointee was confirmed.

Honorable Roger Denning of Richmond County as a member of the State Board of Accountancy for a term beginning June 30, 1966, and ending June 30, 1970. The appointee was confirmed.

Honorable Russell Phillips of Gwinnett County as a member of the Georgia State Board of Funeral Service for a term beginning February 13, 1966, and ending February 13, 1972. The appointee was confirmed.

Mrs. Janie Coker of Bibb County as a member of the Hospital Advisory Council for a term beginning July 1, 1966, and ending July 1, 1970. The appointee was confirmed.
Honorable J. B. Cherry, Jr., of Terrell County as a member of the Hospital Advisory Council for a term beginning July 1, 1966, and ending July 1, 1970. The appointee was confirmed.
Dr. Mark Brown of Richmond County as a member of the Radiation Control Council for a term beginning July 1, 1966, and ending July 1, 1969. The ap pointee was confirmed.

1654

JOURNAL OP THE SENATE,

Honorable Hugh Whitworth of Franklin County as a member of the Georgia Development Authority for a term beginning July 1, 1966, and ending July 1, 1974. The appointee was confirmed.

Dr. Charles L. Williams of Floyd County as a member of the Board of Veterinary Medicine for a term beginning January 25, 1966, and ending Sep tember 16, 1970. The appointee was confirmed.

Honorable Jack T. Rutledge of Muscogee County as a member of the State Board of Corrections for a term beginning January 25, 1966, and ending No vember 27, 1970. The appointee was confirmed.

Honorable E. A. Yates, Jr., of Fulton County as a member of the Board of Commissioners of the Department of Industry and Trade for a term beginning January 25, 1966, and ending April 1, 1969. The appointee was confirmed.

Honorable Paul Hefferman of Fulton County as a member of the State Board of Examination, Qualificaation and Registration of Architects for a term begin ning March 5, 1966, and ending March 5, 1971. This appointee was confirmed.

Dr. Parker E. Mahan of Fulton County as a member of the Radiation Con trol Council for a term beginning July 1, 1966, and ending July 1, 1969. The appointee was confirmed.

Dr. William A. Dickson of Berrien County as a member of the Board of Health, representing the Eighth Congressional District, for a term beginning July 1, 1966, and ending July 1, 1972. The appointee was confirmed.

Mrs. Marian Richardson of DeKalb County as a member of the Georgia State Board of Cosmetology for a term beginning February 3, 1966 and ending May 1, 1966 and for a term beginning May 1, 1966, and ending May 1, -969. The appointee was confirmed.
Mrs. Madge G. Acheson of Crisp County as a member of the Governor's Commission on the Status of Women for a term beginning February 7, 1966, and ending at the pleasure of the Governor. The appointee was confirmed.
Mrs. Harold Mitchell of Crisp County as a member of the Governor's Com mission on the Status of Women for a term beginning February 7, 1966, and ending at the pleasure of the Governor. The appointee was confirmed.

Honorable Rankin Smith of Fulton County as a member of the State Game and Fish Commission for a term beginning August 11, 1964, and ending January 1, 1967. The appointee was confirmed.
Honorable Lee Roy Claxton of Spalding County as a member of the Board of Health for a term beginning July 1, 1966, and ending July 1, 1972. The appointee was confirmed.
Honorable G. L. Dickens, Jr., of Baldwin County, as Solicitor of the County Court of Baldwin County, for a term beginning February 9, 1966, and ending February 2, 1970. The appointee was confirmed.

FRIDAY, FEBRUARY 18, 1966

1G55

Honorable W. T. Roberts of Macon County as a member of the Board of Commissioners of the Department of Industry and Trade representing the Third Congressional District for a term beginning April 1, 1966, and ending April 1, 1972. The appointee was confirmed.

Honorable John Parkerson of Tift County as a member of the Board of Commissioners of the Department of Industry and Trade representing the Second Congressional District for a term beginning April 1, 1966, and ending April 1, 1972. The appointee was confirmed.

Honorable Kirk Sutlive of Chatham County as a member of the Board of Commissioners of the Department of Industry and Trade representing the First Congressional District for a term beginning April 1, 1966, and ending April 1, 1972. The appointee was confirmed.

Honorable James Crockett of Toombs County as a member of the Board of Commissioners of the Department of Industry and Trade representing the First Congressional District for a term beginning April 1, 1966, and ending April 1, 1972. The appointee was confirmed.

Honorable B. T. Burson erf Mitchell County as a member of the Board of Commissioners of the Department of Industry and Trade representing the Second Congressional District for a term beginning April 1, 1966, and ending April 1, 1972. The appointee was confirmed.

Honorable Roger Shoerner of Carroll County as a member of the Board of Commissioners of the Department of Industry and Trade representing the Sixth Congressional District for a term beginning April 1, 1966, and ending April 1, 1972. The appointee was confirmed.

Honorable John K. Porter of DeKalb County as a member of the Board of Commissioners of the Department of Industry and Trade representing the Fourth Congressional District for a term beginning April 1, 1966, and ending April 1, 1972. The appointee was confirmed.

Honorable Ralph Cleveland of Hall County as a member of the Board of Commissioners of the Department of Industry and Trade representing the Ninth Congressional District for a term beginning April 1, 1966, and ending April 1, 1972. The appointee was confirmed.

Honorable John P. Pickett of Polk County as a member of the Board of Commissioners of the Department of Industry and Trade representing the Seventh Congressional District for a term beginning April 1, 1966, and ending April 1, 1972. The appointee was confirmed.

Honorable John R. Hines of Troup County as a member of the Board of Commissioners of the Department of Industry and Trade representing the Sixth Congressional District for a term beginning April 1, 1966, and ending April 1, 1972. The appointee was confirmed.

Honorable Robert D. Dixon of Spalding County as a member of the Georgia Forest Research Council for a term beginning February 15, 1966, and ending January 1, 1975. The appointee was confirmed.

1656

JOURNAL OP THE SENATE,

Honorable Thomas M. Johnson of Chatham County as a member of the Georgia Ports Authority for a term beginning July 1, 1966, and ending July 1, 1970. The appointee was confirmed.

Honorable Kirk Sutlive of Chatham County as a member of the Georgia Forest Research Council for a term beginning February 16, 1966, and ending January 1, 1975. The appointee was confirmed.

Honorable Y. F. Carter, Jr., of Berrien County as a member of the State Board of Medical Examiners representing the Eighth Congressional District for a term beginning February 16, 1966, and ending September 1, 1969. The ap pointee was confirmed.
Honorable Louis 0. J. Manganiello of Richmond County as a member of the State Board of Medical Examiners representing the Tenth Congressional Dis trict for a term beginning February 16, 1966, and ending September 1, 1968. The appointee was confirmed.
Honorable Martin Bailey of Grady County as a member of the State Board of Medical Examiners representing the Second Congressional District for a term beginning February 16, 1966, and ending September 1, 1969. The appointee was confirmed.
Honorable Kay Stanley of Bibb County as a member of the Board of Man agers of the Georgia Factory for the Blind for a term beginning February 16, 1966, and ending at the pleasure of the Governor. The appointee was confirmed.

Honorable Earl Mann of Fulton County as a member of the Georgia Recrea tion Commission representing the Fifth Congressional District for a term be ginning February 16, 1966, and ending June 29, 1968. The appointee was confirmed.
Honorable C. R. Yates of Fulton County as a member of the State Com mission on Aging for a term beginning February 17, 1966, and ending July 1, 1968. The appointee was confirmed.
Honorable Harold Choate of Bartow County as a member of the Board of Dental Examiners of Georgia for a term beginning August 1, 1966, and ending August 1, 1971. The appointee was confirmed.

Honorable John E. Cay, Jr., of Chatham County as a member of the Charles H. Herty Foundation for a term beginning February 19, 1966, and ending February 19, 1971. The appointee was confirmed.

Honorable Frank A. Constangy of Fulton County as a member of the State Commission on Aging for a term beginning July 1, 1966, and ending July 1, 1970. The appointee was confirmed.
Honorable Joe L. Dennard of Wilcox County as a member of the Hospital Advisory Council for Construction, Licensure and Indigent Care for a term beginning February 17, 1966, and ending July 1, 1967. The appointee was con firmed.
Honorable John Garner of Baldwin County as a member of the State Board of Health for a term beginning February 17, 1966, and ending July 1, 1970. The appointee was confirmed.

FRIDAY, FEBRUARY 18, 1966

1657

Honorable Randolph Medlock of Gwinnett County as a member of the State Board of Veterans Service for a term beginning April 1, 1966, and ending April 1, 1973. The appointee was confirmed.

Respectfully yours, George D. Stewart Secretary of the Senate

SR 30. By Senator Johnson of the 38th:
A resolution creating an interim legislative committee for the purpose of studying the fluoridation of water supply systems; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution was adopted.
SR 40. By Senator Johnson of the 38th: A resolution creating a committee to study the Motor Vehicle Inspec tion Law; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution was agreed to.
The resolution was adopted.
SR 68. By Senators Coggin of the 35th and Sanders of the 41st: A resolution creating an interim committee to study all matters relat ing to probate of wills and the administration of estates; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution was adopted.

SR 103. By Senator Carter of the 14th:
A resolution creating an interim legislative study committee to study the feasibility of establishing a procedure or formula to be used by the State Revenue Commissioner in uniformly assessing all property of public utilities for tax purposes; and for other purposes.

1658

JOURNAL OP THE SENATE,

The Committee on Rules offered the following amendment:

Amend SR 103 by striking therefrom the following:

"WHEREAS, a recent change in said formula has caused a statewide reduction in utility property valuation; and".

By striking therefrom the following:

"WHEREAS, in almost every instance a reevaluation program in a county for ad valorem tax purposes results in an ad valorem tax decrease of utilities; and".

The amendment was adopted.

The resolution was adopted as amended.

SR 106. By Senator Kidd of the 106th:
A resolution authorizing the standing Defense and Veterans Affairs Committee to function after final adjournment of the 1966 regular session of the General Assembly; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution was adopted.

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendments to the following bills and resolutions of the House:

HB 77. By Messrs. Harris of the 118th, Smith of the 90th, Busbee of the 79th and Hale of the 1st:
A bill to amend Code Section 72-1404, relating to the distribution of funds to counties for the construction and maintenance of public roads; and for other purposes.

HB 32. By Mr. Jones of the 112th:
A bill to provide that every parent having in custody and control over a. minor child or children under the age of 17 shall be liable for the wilful and wanton acts of said minor; and for other purposes.

FRIDAY, FEBRUARY 18, 1966

1659

HB 14. By Mr. Westlake of the 119th:
A bill to amend an Act relating to the examination of applicants for certain licenses issued by the Insurance Commissioner; and for other purposes.

HB 48. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend an Act authorizing the State Personnel Board to provide a Health Insurance Plan for State employees; and for other purposes.

HB 105. By Mrs. Hamilton of the 137th; Messrs. Gates of the 123rd and Adams of the 125th:
A bill to authorize the State Highway Department of Georgia to pay, as a part of the cost of construction of a project on any Federal-aid highway systems, certain relocation expenses; and for other purposes.

HB 197. By Mr. Hale of the 1st:
A bill to amend the Uniform Act Regulating Traffic on Highways, so as to re-define certain words and phrases; and for other purposes.

HE 62. By Mr. Dean of the 20th:
A resolution amending a Resolution, authorizing the conveyance of certain real property, owned by the State Highway Department and located in East Point, Georgia; and for other purposes.

HB 292. By Messrs. Newton of the 94th, Irvin of the llth and many others:
A bill to amend an act known as the "Minimum Foundation Program of Education Act", so as to change the minimum sum in determining funds needed by local units of administration for maintenance, operation and sick leave expenses; and for other purposes.

HB 302. By Messrs. Smith of the 90th, Hale of the 1st, Busbee of the 79th and Harris of the 118th:
A bill to amend Section 92-1403 relating to the "Motor Fuel Tax Law", so as to provide for the levy of the tax on motor fuel, kerosene and fuels not commonly measured by the gallon; and for other purposes.

HB 304. By Mr. Farrar of the 118th:
A bill to create a State Council for the Preservation of Natural Areas; and for other purposes.

1660

JOURNAL OF THE SENATE,

HR 319. By Mr. Anderson of the 71st:
A resolution proposing an amendment to the Constitution so as to create the Bleckley-Cochran Industrial Development Authority; and for other purposes.

HB 345. By Messrs. Story and Watson of the 22nd:
A resolution proposing an amendment to the Constitution so as to empower the Clerk of the Superior Court of Gwinnett County to issue criminal warrants; and for other purposes.

HB 336. By Messrs. Wells of the 30th, Moore of the 20th and others:
A bill to amend Code Section 26-2603, relating to the larceny of certain motor vehicles, so as to provide for a new definition of motor vehicles covered under the provisions of the Act; and for other purposes.

HB 335. By Messrs. Mitchell and Smith of the 3rd:
A bill to amend an act known as the Georgia Water Quality Control Act; and for other purposes.

HR 243. By Mr. Harris of the 85th:
A resolution proposing an amendment to the Constitution so as to authorize the governing body of the City of Brunswick to levy an annual ad valorem tax upon certain properties; and for other purposes.

HB 387. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend the Revenue Bond Law, relating to the publication of notice to the public of a hearing to validate Revenue Bonds; and for other purposes.
HB 388. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend Section 87-303 of the Code of Georgia relating to the publication of notice to the public of the hearing to validate general obligation bonds to be issued by a County, municipality or political subdivision; and for other purposes.

HB 569. By Mr. Clarke of the 45th:
A bill to amend an act creating the Board of Trustees of the Joint Municipal Employees' Retirement System; and for other purposes.

FRIDAY, FEBRUARY 18, 1966

1661

HB 478. By Mr. Lane of the 64th:
A bill to amend Code Section 47-107, relating to the per diem and mile age of members of the General Assembly so as to provide for the annual salary, expense and mileage for members of the General Assembly; and for other purposes.

HR 282. By Mr. Jones of the 112th:
A resolution proposing an amendment to the Constitution so as to authorize any agency, board, department or other unit of the State government which may be the recipient of Federal funds to administer such funds, pursuant to the terms of the grant of such funds; and for other purposes.

HB 766. By Mr. Barber of Jackson:
A bill incorporating the City of Jefferson, so as to provide for annexa tion and provide for a referendum; and for other purposes.

The House has agreed to the Senate substitutes to the following bills and resolutions of the House.
HB 146. By Messrs. Smith of the 85th, Smith of the 114th and Drew of the 116th: A bill to amend Georgia Code Section 13-9933, which prohibits the making or deliver of a worthless check, draft or order for the payment of money, as amended; and for other purposes.

HR 149. By Messrs. Farrar and Walling of the 118th:
A resolution authorizing the General Assembly to provide for indemnify ing of private citizen, his spouse or child for personal injury, death or damage to property sustained in preventing commission of a crime or in assisting a peace officer in the prevention of a crime or appre hension of a criminal; and for other purposes.

HB 220. By Mr. Palmer of the 117th:
A bill to amend Code Chapter 88-19, constituting a part of the Geor gia Health Code, relating to the regulations of hospitals and related institutions; and for other purposes.

HB 247. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend an act creating a Department of Public Safety, so as to provide for the issuance of honorary drivers' licenses without cost to certain veterans of this State or certain servicemen of this State; and for other purposes.

1662

JOURNAL OF THE SENATE,

HB 273. By Mr. Overby of the 16th:
A bill to amend Code Chapter 36-11, relating to condemnation and eminent domain, so as to provide a more efficient and certain method of service upon non-residents who own property condemned; and for other purposes.

HB 323. By Messrs. Smith of the 90th, Busbee of the 79th, Hale of the 1st and Harris of the 118th:
A bill to amend Code Chapter 36-11, relating to the condemnation of property by those authorities who possess the power of eminent domain, so as to define the phrase "just and adequate compensation"; and for other purposes.

HB 633. By Mr. Jordan of the 78th:
A bill to abolish the present method of compensating the sheriff of Baker County; and for other purposes.

HB 752. By Messrs. Etheridge of the 123rd, Gates of the 123rd and others:
A bill to amend an act making it unlawful for any person to employ a minor where alcoholic beverages of any kind are sold in counties having a population of more than 500,000; and for other purposes.

HR 272. By Mr. Paris of the 23rd:
A resolution proposing an amendment to the Constitution so as to create the Barrow County School system by merging the independent school system of the City of Winder and the school system of Barrow County into one school district; and for other purposes.

HR 298. By Mr. Harris of the 118th: A resolution to be entitled an act to amend a resolution proposing an amendment to Article VII, Section IV, of the Constitution changing the provisions relating to the powers of County government; and for other purposes.
The House recedes from its position and agrees to the Senate amendment to the following bill of the House to-wit:

HB 134. By Messrs. Lane and Nessmith of the 64th, Parker of the 55th and others:
A bill to amend an act relating to the creation of the office of solicitorsveneral emeritus; and for other purposes.

FRIDAY, FEBRUARY 18, 1966

1663

The House has agreed to the Senate amendments to the following bill and resolutions of the House to-wit:

HB 126. By Messrs. Johnson of the 40th, Mitchell of the 3rd, Anderson of the 71st and many others:
A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", so as to require certain motor vehicles employed by the Department of Public Safety for the purpose of traffic enforcement to be marked and equipped with certain uniform fixtures; and for other purposes.
HR 10. By Mr. Irvin of the llth: A resolution compensating Ed Alonzo Smith; and for other purposes.

HR 56. By Mr. Carr of the 48th:
A resolution compensating the Washington County Sweet Potato Asso ciation; and for other purposes.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted the reports of the Committees of Conference on the following Bills and Resolutions of the House and Senate:

HB 243. By Mr. Hull of the 104th:
A bill to revise comprehensively the laws relating to subpoenas and other like processes; and for other purposes.

HB 320. By Messrs. Carley, Palmer, Malone and Vaughn of the 117th, Harris, Levitas, Walling and Farrar of the 118th and others:
A bill to fix the salary of the judge of the juvenile court in certain counties; and for other purposes.

HB 369. By Mr. Lovell of the 6th:
A bill to amend an act superseding and consolidating the laws relating to the State Game and Fish Commission, so as to authorize the State Game and Fish Commission to appoint deputy wildlife rangers of the State-at-Large; and for other purposes.

1664

JOURNAL OP THE SENATE,

HB 68. By Messrs. Steis of the 100th, Jones of the 76th, Minge and Starnes of the 13th and others:
A bill to amend an act relating to Supreme Court and Judges of Court of Appeals, so as to change the salaries of the Justices of the Supreme Court and the Judges of the Court of Appeals; and for other purposes.

HE 274. By Messrs. Blalock and Davis of the 33rd: A resolution proposing an amendment to the Constitution so as to create the Coweta County Development Authority; and for other purposes.
SB 25. By Senators Broun of the 46th, Kilpatrick of the 44th, Hill of the 29th and others: A bill to provide for the submission of certain information to the De partment of Public Safety, Bureau of Investigation; and for other purposes.
Senator Hill of the 29th, Chairman of the Committee on Senate Administra tive 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 125. Respectfully submitted, Hill of 29th District, Chairman.
Senator Hill of the 29th, Chairman of the Committee on Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs, has instructed me, as Chairman, to report the same back to the Senate as correct and ready for trans mission to the Governor:
Confirmation of Governor's Appointments. Respectfully submitted, Hill of 29th District, Chairman.

FRIDAY, FEBRUARY 18, 1966

1665

Senator Hill of the 29th, 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 28.

SB 67.

SB 88.

SB 89.

SB 92.

SB 93.

SB 100.

SB 136.

i

SB 138.

SB 171.

'

SR 11.

;

SB 35.

SB 1.

'

SB 14.

'

.

.

SB 25.

SB 33.

SB 38.

,

,

SB 41.

SB 45.

SB 46.

SB 56.

SB 77.
SB 78.

'

;

SB 80.

SB 90.

-;

SB 97.

,'''

SB 99.

1666
SB 110, SB 114. SB 117. SB 123. SB 126. SB 127. SB 135. SB 141. SB 149. SB 157. SB 173. SB 175. SB 202. SR 64. SR 67. SR 27. SR 38. SR 47. SR 55. SR 61. SB 5. SB 6. SB 11. SB 39. SB 66. SB 68. SB 73.
SB 76. SB 86. SB 129. SB 130. SB 133. SB 145. SB 148.

JOURNAL OP THE SENATE,

SB 158. SB 180. SB 178. SB 182. SB 183. SB 187. SB 196. SB 199. SB 201. SB 206. SB 212. SB 214. SB 216. SB 217. SB 234. SB 236. SB 237. SB 238. SB 239. SB 98. SB 102. SB 115. SB 124. SB 144. SR 25. SR 39. SR 66. SR 73. SR 74. SR 79. SR 83.

FRIDAY, FEBRUARY 18, 1966

1667

:

.
Respectfully submitted, Hill of 29th District, Chairman.

Senator Webb of the llth moved that the Senate do now adjourn sine die.

The motion prevailed, and the president announced the Senate adjourned sine die.

INDEX

1669

OFFICERS
OF THE
STATE SENATE

PRESIDENT

PETER ZACK GEER____ _____ _____
MILLER COUNTY

_Lieutenant Governor

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

1670

INDEX

Senate Journal 1966

INDEX

1671

PART I ALPHABETICAL SECTION

Acres, Den M., Jr.; compensate, HE 93 .__._..._.._........__.___._._._...600, 629, 699, 852, 1126

Acworth, City of; election of mayor and aldermen,

HB 381 ._.........._..._..___.__........................._..........................._.._.288, 297, 327, 577, 729

Ad Valorem Tax; collection on motor vehicles,

HB 4 ................_____..____......__..........___......_..._......................73, 79, 107, 306, 1224, 1293

Ad Valorem Tax; exempt household effects

SR 9 ... - __._____..._......_..............34, 88, 148, 153, 173, 206

Adairsville, City of; corporate limits, HB 152 ....._.....____....._..1B5, 163, 193, 412, 422

Adairsville, City of; mayor and council, salaries,

HB 153 .-_.-.---.._._..__-_--------,.....__.....__..__....-........155, 163, 193, 412, 422

Adairsville Development Authority, create HE 98 .. ... 265, 274, 305, 413, 933

Address: Governor Carl B. Sanders --..--...--------- _-..-.__._......____.______.__........15

Administrative Procedure Act, Georgia, amend,

HB 642 ..___.._.__.__..---..._ --762, 776, 848, 1310, 1594

Adoption Law; waiting period, HB 164 ___..________.._______________..__265, 269, 301, 467, 1589

Adoptions; time limit under certain circumstances,

SB 43 ......

.._.__..____---.44, 51, 75, 171, 182, 206

Advisory Committee on Eetirement Systems; create, SB 69 --___..._..------....77, 105

Agricultural Commodities Authority; abolish, HB 479 ..__--497, 502, 565, 787, 1542

Agricultural Terms; define, SB 212 ________________498, 562, 787, 1215, 1238, 1637, 1667

Agriculture, Department of; applicant registration,

HB 488 ................._-___,,____..................764, 771, 846, 1172, 1536

Aiken, Mr. Walter Henry (Chief); express regrets at passing,

SR 119 _________-.-..._.....___...-.-...........___..__.__...............-..-_._____-_.-._.._.._-..........._____.1626

Air National Guard, Georgia; commend, HE 83 ,,.._....-.......--.__..___.___.___._______..61, 62

Air Pollution Study Committee; create SR 80 ............618, 690, 787, 826, 1152, 1636

Air Quality Control; health department determine factors

responsible, SB 72 ._._........__._.___._......-.._..._______-_-.............__._...____-._.__...___........78, 106

Air and Water Pollution Control; tax exemption,

HR 39 ___._____._....__...__................_.._._.--.....-___..__.-..-.-.-288, 297, 327, 578, 1616

Alapaha Judicial Circuit; solicitors salary HB 163 ...............156, 164, 194, 576, 725

Albany, City of; election place, HB 470 __,___..._.__.____.______.___________486, 501, 565, 577, 745

Albany - Dougherty Hospital Authority; vacancies and

appointments, HB 620 __._......--,,-.. .--...--,,.,, 607, 629, 698, 1174, 1188

Alcohol Education Study Committee; create, HR 111 _____._____._.____..1109, 1110, 1171

Alcoholic Beverages; licensing, governing authority to

determine, SB 19 __.._.._............__..-....................... 29, 39, 329, 341, 379, 1308, 1457

Alcoholic Beverages; prohibit advertisement of,

SB 48 ..............__.._........._.__...-__......___.-.___..._-.._.............-.._.-_-__....57, 66, 329, 338, 379

Alcoholic Beverages; relating to minors, SB 192 -..--------.__._.___..._ 392, 455

Alcoholic Beverages; transport within corporate limits, SB 32 ,,______________..__,, 38, 46

Alcoholic Beverages; unlawful to employ minor where sold,

HB 752 ..._..._......._.____._.._.......-.-.----..... .1229, 1230, 1244, 1312, 1618, 1662

Alcoholic Beverages; unlawful to sell on certain holidays, SB 191 .------392, 455

Alcoholic Beverages; written authority from parent of minors,

SB 193 ._...-_._..-.-...-..--......-----..--_______393, 455

Alimony; cease payments on marriage, HB 133 ----.314, 317, 356, 643, 1155, 1467

Alpharetta, City of; council membership, HB 99 .................._....72, 84, 111, 412, 420

American Legion and Auxiliary; express appreciation to,

1672

INDEX

SR 131 ---.---------.__.__...-.....-._...._.._..........._.._.__..............._.._._._....._.._...._....._.i627

Americus, City of; business taxes, HB 662 ----------------------675, 682, 780, 786, 880

Americus, City of; city court judge's and solicitor's salaries,

HB 660 -- --_----------------------------------_ .675, 682, 780, 786, 879

Americus, City of; employees' retirement, HB 661------...--_675, 682, 780, 786, 879

Americus, City of; land conveyance, HR 112 _..____.._._._........ 388, 402, 463, 1177, 1578

Annexation of Contiguous Territory; methods,

SB 182 ...... 350, 405, 465, 468, 550, 797, 1151, 1274, 1456, 1487, 1503, 1630, 1667

Appeals Court and Supreme Court; judges' salaries,

HB 68 ------------------------_

96, 100, 127, 643, 794, 1232, 1304, 1459, 1664

Appellate Procedure Act; new trial, HB 244 ___.763, 770, 845, 1249, 1494, 1509, 1601

Appling County; election of commissioners, HB 678 ..............674, 684, 781, 786, 881

Appling County Industrial Authority; create, HR 290 ----678, 686, 784, 787, 1071

Appointments:

Acheson, Mrs. Madge G.-------~--------__--_.....------------------------------1654

Aderhold, Dr. 0. C.........___...____________________________________________________........1644, 1652

Adley, Honorable Harry C. .-._.____--__.__________________________________-____.__.___1645, 1653

Allman, Dr. Fred L. _------.__._.____________________....______._._._____--______________________--_____--.1647

Alston, Honorable Wallace M._______--________,,_________--___________________________________________1641

Andrews, Honorable J. A. --------------------------------------------1641, 1650

Atherton, Honorable L. H. -- ----------------------------_------------1646

Atwood, Dr. Sanford S. ............___.______--.............-------------------------------1644

Aycock, Honorable Joe -- ----------------------------------------------------1644

Baggott, Honorable Robert __..___.__..............____..--------------------------------1648

Bailey, Honorable Austin R. --------------------.----_--------------------------1649

Bailey, Honorable Martin --.---.__--___-_------------_--------------------1643, 1656

Bain, Dr. William G. --.----------._---.--------------------------1651

Ballard, Honorable W. Perry, Jr. _------ ....------------------------------1646

Bankson, Honorable John ------------------------------------------------------1652

Beall, Dr. Paul R. _---,,......__-._-__--__--- ------------------1648

Bender, Mrs. Nadine ----_--.--------------------------------------------------------1644

Bennett, Honorable Valene ....--------___________________------------------------------1649

Bible, Honorable J. C., Jr. -----------------------------.--__--..------1646

Bloom, Dr. Walter L. -------------.-...--_..--------------------------1651

Bray, Honorable Harrison ------------------------------------------------------1643

Brown, Honorable James E. --_--_--______.._..___.___....-..----------_----_______.1648

Brown, Dr. Mark _._.---

---------------------------------- 1653

Bunch, Honorable Paul E. ------------------ --------...........1653

Burkett, Honorable Norman D. ------------------------------------ 1644

Burson, Honorable B. T. ............................_.._.._.._.._.._..___._._.___...._______.___._......._..._...1655

Calhoun, Honorable Marcus B. __...._____..._..__.___.,,..----..._..--...-----.--...--.._..-_-__...1645

Campbell, Honorable Archie L., Jr. ._....________------_-----____----__-__.._..._...1648, 1652

Canaday, Mrs. Ouida ...................._._......_....._.........-.-.-.............._........----__....______.-1651

Carlton, Honorable Milton _._.___....._..................................-..................._..1641, 1650

Carmichael, Honorable James V. .,,______._________--_----------_----_--_------------1651

Carter, Honorable Lee E. ................................................--................_________.___.___1646

Carter, Honorable Y. P., Jr. ____...._..____._____.________-.-.__._--.___..-.-_..........._......1656

Cay, Honorable John E., Jr. ____.__._______.______......_._--____-_,,..._.--........._......._.1656

Chastain, Honorable Emmett -.-...--.--.----.--..--.--------------_---_----.---1641

Cherry, Honorable J. B., Jr. ......................._...........................................__1644, 1653

Choate, Honorable Harold _._....._...----.....__.--_..........._..............___..____........1656

Clark, Mrs. Sol

........ .....----...1642

Clarke, Honorable Clifford M. ........._....._........_..................................._..............1642

Claxton, Honorable Lee Roy ______________________________.__.-------.--._----_---.--.-....1654

Clement, Dr. Rufus _._._____._..__..__.___..______._____._.__...___...._.---............__._._....--.... 1648

Cleveland, Honorable Ralph ------.._..._--............._......__.._...._...._._....................1655

INDEX

1673

Gofer, Honorable H. J., Jr. ___--.__,,____._._______......._..._..,_...----.______._._.___.1640 Coker, Mrs. Janie ____........__._._..__.-..___.._._______.._____________._____._____________1644, 1653 Conger, Dr. A. B. ._......__.-___.......,,____......._,,_.__........--_..._.._.___-....._._........_....._..1644 Connell, Honorable T. Guy ........___.____.._...____._.___._..____...__________________ 1639 Constangy, Honorable Frank A. ______._...,.____________________._._.._______._________________________1656 Cooper, Honorable Lew R. ____________________________________________.____________________________1646 Covington, Honorable Dean ---..__..--_..___- .... .___..----..._._.....__.___...__----1649 Cowart, Honorable Leroy ____--._..,,_..,,........_..........._.._......._.___........___._._...__..1643 Crockett, Honorable James ---_----------_--,,----.----_--.._-_------,,__.__.,,___..1655 Cromartie, Honorable John L. ,__..._---........__.__......,,,,.......___,,....._...........__-.._1646 Culpepper, Honorable E. H. ....____.._....._....,,.....____....._____....._..__,,......_..........1640 Daniel, Honorable Zack ._._.........__._._.......______......__._......_.____...._............___.______.__1650 Dennard, Honorable Joe L. ___--......_.___.._......___.....__._...____._......___....______._1656 Denning, Honorable Roger __......_._,,--..-..........___........._.__.......__-..___.-.........___.-... 1653 Dickens, Honorable G. L., Jr. _..........._______........_._....._.__..._...._...______.....____.1654 Dickson, Dr. William A. ____..........__....................__..........___........__......_____.__.._..____1654 Dixon, Honorable Robert D. _____________..._..,,--........___.........._......__--........__....1655 Duke, Honorable Hoyt B. .._-_.......__.-._.._......._.-........_...-_.....__.._.........._.......1641 Dunlap, Honorable James A. --.....__.._...........____............_.___........__......__.___......___1649 Dyar, Honorable Hubert L. -_________-_______._________.___..____________________________.,__1645 Elder, Dr. Ivan R. _______________________________________.____-_______________________________1645 Embry, Honorable A. Jack _______________________________________-_________-______________1643 Erickson, Miss Viva ...--._.__.....-...._.___-__..._._.___________________________.________.__1653 Eve, Honorable William D. .........__._..._........_______. __._..____..________._____________1640 Feldman, Honorable A. L. .........__..........._...._.._._................_._....____.-.._...._____.....1652 Fleming, Mrs. E. W. .........._._-..........-._-.............-.-........-.._........._......__.._........1650 Fordham, Honorable Wiley B. ____________________________________________________.______1650 Fowler, Honorable Robert D. ______-._____________._____.__________________________________1641 Garner, Honorable John ......,,_.__........_.___.,,...._,,..._.._.....___,,._._...._.______.__.._..1656 Garrett, Mrs. Rebecca L. ...._.._.-......_-___........._.__..........____.....____........_..___.._..____1652 Gaston, Honorable Hugh _,,.____--_--______________________________________________________1640 Gibson, Dr. Roy L. .........___...._._.__............_.___..._.....___._....___.......__....._.._.__.__._.._1643 Gilbert, Dr. W. R. ____-._...___...._......_.__......._..._......____........___.........__...._....__..1647 Gill, Mrs. Edith _-__._......-______......._____..-........____.-.......____......_..____....__.___....__.__-.....1647 Gillis, Honorable Jim L., Jr. ____________.,,_____._,,_..__..._._....__._._._.1641 Godwin, Dr. John T. ..........__......._.___._...........__.....__.__..........___........._._....._......__..1648 Grant, Miss E. Louise ___._._.-..-___-_--.--______.....______....,,...___--.....__-...--..,,,,..--..._ 1647 Graves, Mrs. Amilee ---._...--------___------__---__-_,,..--.__------_--....--____.._____.1646 Greene. Honorable Tom E., Jr. __._....-...-_-___-...____-.____----__._-_-_.._.___-.....1644 Greene, Honorable William B. _......._..__._.._.....____........__......__..._........__..........__.1649 Griffin, Honorable E. E., Jr. ........__.-...........__...__..___........___-......_-...........___......1650 Gross, Honorable Frank L. ......__..........__........._........_____...._._.........__._..._......1649 Hanes, Honorable Paul ...,,....__._...,,_...,,__........__,,.....__._,,.......__........___...._._.___. 1640 Harris, Honorable A. M., Sr. ...._..-____-.....,,__.__..._._-........___-...-__.._-....._...........1652 Hartley, Honorable Shell E. ...._____.,,.,,...______....___.,,...,,._.._.......___..__.__.__......___.._1646 Hefferman, Honorable Paul ____....._,,___....,,..__......_.........__._..._--,,.__._.....1654 Hester, Honorable Harvey ----...,,------.--,,__--....,,,,_...._,,_,,...-___--.,,,,.__-...--__.1642 Hightower, Miss Sarah ____...._.._........_._.,,._._........_.......,,____......_-........_^_.....1653 Hines, Honorable John R. ....._._......_.___......._......._.___-....__..-...._........-.___-.1644, 1655 Hobbs, Mrs. Blanche ........___....._....._._..-.....-..-_.-......._._.._..__-...._-.__-...__1642, 1653 Hutcherson, Honorable Guy K. .......,,_.....,,_,,_......,,___.....___......,,__--_..,,___.--___.. 1641 Ingram, Honorable William _-.__.__--.....__-_-.___-_-_-,__...____.----,,__...___..1642 Isenberg, Honorable Joseph .,,,,__-----.___--.--,,_----,,----..,,----..-----.--..,,----...-1646 Jenkins, Honorable Albert ....___.....,,__...__.,,__-....____--...,,.__--...,,__--...,,-__.------__._1642 Jessup, Honorable Will ....___...,,___.--_._._......__........._-_._.....__._..._.----_..____--.......1643 Johnson, Honorable Thomas M. ....___....,,...__.._.._---.._.._-.......--.-..--.--.-.---.-.--1656

1674

INDEX

Johnston, Mrs. Cicero A. --._----_.----------------..___.__.----------_------_____----1648

Jones, Dr. A. P. --_.__.___.__.___--.....----_..___--___--._----._._______._..__----_----__--_._.------1651

Jordan, Honorable Charles C. .----_._._._--.___------------__..__----___..--_------___.1646

Jordan, Honorable Leon ___...,,..-----____._________.--.._.__.._____._--___------____..----_______1648

Keen, Honorable MeGrath ___.____------___.___._...__--. .____._.____.----_____.------___.----1650

Keenan, Honorable Paul A., Jr. --.----________----____________----------___----_______----.1649

Kilburn, Dr. Galen B. _----____.____.--_------______----___.____--------____......__.____......_1647

Lane, Honorable J. Curtis ___.------________------______------_______________--._______.------.1644

Langdale, Dr. Noah, Jr. _______________________________._------------------_______------..1644

Lewis, Honorable Willis E. _-_-.-__.__-____.____.__.--.__-_.________--__.__.--------1643

Livingston, Honorable D. M. _----.--_----------._----__--__------------_____--.1641

Lovein, Honorable Norman M., Jr. ___.__....._.... --------_______------_----______1643

Lowery, Honorable Roscoe ,,_--------._--------__--________----------_____....._.,,_ ...1649

Maclean, Honorable Malcolm R. ----____----__..._._--______._.----------_____._----_____1649

Mahan, Dr. Parker E. ------.__--.__-------__.______--.--_.___________--------_____.__.--_--..1654

Malone, Honorable Frank .___-----___--------__----------________._--____--.____.__________--.1648

Manganiello, Honorable Louis O. J. __------.____--___..------________--____----_____________1656

Mann, Honorable Earl ------___--_,,------_____--__............._.___------____------ __.___-1656

Mathews, Honorable Elden ____.--______.___----------_____.------______.____----__._______----1640

Matthews, Honorable Chappelle ....--_____________.----_--_--___.------_____._------___ 1652

Mauldin, Dr. John T.

,,,,,,...._.._........_.._._._..._.._._..__._..__...._. 1639

May, Honorable Thomas R. ._._,,.........__.........,,............__._._......._...___.__........_...___. 1651

McCarty, Honorable Ottley _-._-.......-.__..__......._.........-__._......._..._........_.___._.........1652

McCurdy, Honorable Julius A. -,,_--_----,,___,,_--.._........____._______.__....._..__......_... 1651

McDonough, Honorable Thomas E. _..............-_-.__._.__._....._...._._._._._..._......_.1647

McKemie, Honorable Henry G. .--.____..,,............--..._____......................_........._1651

McRorie, Dr. Robert A. ..._.__.____._.........._.._.._...__..........--.-.-_..............-...........1652

Medlock, Honorable Randolph ._.__._,,......._..__.._._._......................_____...............__.__1657

Meyer, Honorable Sylvan .__.----......--.__.._.......-....___.__...................____............1645

Miller, Honorable Richard K. __...-........_-.___._.._........_........_..._............__..__....._.1648

Mitchell, Mrs. Harold _.............._.._._........._._..........__.._..__......................._._..........1654

Mooney, Dr. A. John ___....................-..,,.-._....................___._........._......._...._..._......1640

Morrison, Honorable H. C. ___,,,,...-....--.-,,_.__,,__.......-._........_-__.__,,_-------_.-__._1640

Myers, Honorable J. Walter, Jr. _...._............._..._._........................_....___._._.._......1643

Needham, Brigadier John D. .............__.................................__.___....................._1639

Nix, Honorable Jack P. ___.._.__...._............._...........___........................_...__...1650, 1651

Norris, Dr. J. C. _.___._..._.....___..........._.____......................__...............__........._..._..1651

Oatts, Honorable Ernest W. .................__._._....._..............._......_.._....__-'..............1647

O'Brien, Honorable Eugene W. _.-_._.._..-........_--.---.__.._..-..........--............__..1645

Owen, Honorable Eugene W. ..-.........___............-.-.........-..--....___,,...--......_...--1642

Owens, Honorable Hubert B. _..._....................,,.,,.___._......_................-.,,___.........1645

Papy, Honorable Hugh R. .....-.._..._....._.............._................-.._..__.__.............1646

Parkerson, Honorable John _...--.....-.....----._._-...--.--.-...-.............--..----------.. 1655

Parrott, Honorable V. D. ................._._..........._..........-......._.-_-....-._...............1649

Paulk, Dr. George C., Jr. ....._.............-.,,._,,.___..-__...._....................--__--........1650

Phillips, Honorable H. Ray _.....-..._..._......._...._......_....._.._.._._............. 1650

Phillips, Honorable Russell ...........-....._.-._,,__._._-.._......-.....-..........._..____....1653

Pickett, Honorable John P. ......._.___.._._..__...._._.._,,_.__._.......~_._1655

Pickren, Honorable Verne --.-----.--_.--_-----_..--------------------------------.1652

Pitts, Dr. A. R. ..__.._.............................__.._.-....-..._-..-_....-.-..........-..-.-..__._...1647

Porter, Honorable John K. ,,........._..............._............_.._...,,........_..-...--..-......1655

Pryor, Dr. Carol G. ............-.--__..._.-_.._-.,,._._.,,_-_._.._............----_--...__..1646

Rainwater, Honorable F. B. ...--._.......-.....-............-..-......._____......_...--...-.......1650

Register, Honorable J. C. ........--.._...._...__.....__......_...._._._,,_.._,,--.._....1647

Rehberg, Honorable Woodrow ------.-_---.-..-...----.------_-..-------------------1639

Richardson, Mrs. Marian .._---_._--_--._.-......_.........----.--.--_.----_--1654

INDEX

1675

Roberts, Honorable W. T. ---.--_.,,,,----_.._-----_----------------__--------1655

Russell, Mrs. Lamar _,,__._--______.___________.________.__-_______-________________________l640

Rutledge, Honorable Jack T. ..___--..____----__._----.--__.-.----------------------1654

Sancken, Honorable H. H. _..__-.------..--.--.-.---------------------1646

Sanders, Honorable Clinton L. ----------------------_--..._-----------1649

Schaefer, Dr. W. Bruce _-._..-______-.--______-.--,,_--_-_-...--_------------------ 1652

Setliff, Honorable Carter A.-_-......_--.-...-_-....._.-_.-.....-.-._.._---__.....----_...._..1640

Shirley, Honorable A. Ray ...--_.--.._--.---__----.--._._.----.___-..--------------1650

Shoerner, Honorable Roger ....--. -.--.------.--.--------------------------- 1655

Sibley, Honorable U. Erwin ----.--_----------------------------------------1639

Simpson, Dr. George L. ..--_..--------------------------------_------1648, 1651

Sinclair, Honorable Paul ....--.--_--.___.--..._--..--____-_--._._---___.-----------------1643

Smith, Honorable Charles 0., Jr. ----_----_----_--.------------------.._._.......1642

Smith, Honorable Rankin .------------------------------.....--------------1654

Smithgall, Honorable Charles A. -.._____.......__----_.__------.____..----.----1645, 1649

Snow, Honorable Ralph .__._,,.--...------_.--__--..--_.,,--__.----..----------_------1643

Stanley, Honorable Kay -.......____.-....______---__________..______...____--..._____......--......_1656

Starr, Honorable Terrell __.---___.___-__________--_________--___.___--______-__--.______.--1643

Statham, Honorable B. Fred ----..----------------_.._--.----._----------------1644

Statham, Miss Lois ....-_----...,,----_...----._--.--...----......._._.........__--_._--1653

Stewart, Mrs. Connie W. _------____._.___.-_.._.----_--..--------------------1642

Stewart, Honorable Richard M. .._--.--_----._.----..------....------------------1647

Stiemke, Dr. Robert E. ._.-..._-.---.-..-__-.._------__.--____-----------------1652

Stone, Honorable Herbert K. ------ ____----.____.---------- .___----_.....--........__1653

Sutlive, Honorable Kirk

_ _---- --------____....---------- .. 1655, 1656

Sutton, Honorable W. A. ---._-.----.-----------.-----------------------.1652

Tarbutton, Honorable Ben, Jr. --------------__--------__--------...------..1642

Taylor, Mrs. Mamie K. ___,,,,._____________..____..............._..._....._...--.....,,._......1640

Taylor, Dr. T. Earl _____.___-___.______..______._.._____.-__.___,,..._.._,,_.__.......1641

Templeton, Honorable C. 0. ........................_._...............................................1640

Thompson, Honorable Louis A. __--.__---.____..,,--__._..--._.,,_-._,,----..__--...1639

Travis, Honorable L. Edd .._..,,.....___..__..._................................__._.__1645

Trawick, Dr. William G. --....-...-.-..-.....-......-.....-...-.-...--.-----...--..-.-..1651

Traylor, Dr. Stell B. .-----.----------.------------------------.---.--------.,1645

Treads, Mrs. Charles _........ ,,------------------------____----------_----.1650

Trimble, Dr. Hassie H., Jr. ....--.....----._____..----------------.------_.----..1647

Trippe, Honorable W. D. .... .....------ .........-------- ----------- _...1647

Tuck, Dr. A. C. .. ,, .....----....----------.----..........--.......----------------------.1643

Tucker, Honorable Reeder ---.__..--___-----__..--..._.--------------_----------.1643

Turpin, Honorable L. R. ------------------.--.,,------------..--..----------1641

Twiggs, Honorable Albert ---.--------------------------------.___...__--.1648

Venable, Honorable John H. _.........------.--------------------------.___--.1651

Vinzant, Honorable Carey T. .--------------..----.----------,,----____..1642

Walker, Honorable Fred H. .,,-_....-------.--------------.------------.--------1645

Wallace, Honorable Howard C. .--------__--.--------------------------------.1645

Ward, Honorable James ------._-----.__------------------.----_........__.._..1641

Webber, Dr. Paul ........--............---------.---- .._.............----__.--------1642

Wesberry, Honorable James P. .----._----------.---- .----.--------------------1645

Whitworth, Honorable Hugh --------------------__--------------------1654

Williams, Dr. Charles L. --......,,._........-.-_....................._....--....____._.._..1654

Williams, Honorable Jack, Jr. ------------------------.------.----.--.------1640

Wittenberg, Honorable Morton ,,.--------------..----------,,------_----1653

Woodruff, Honorable J. W., Jr. ........--------.......------.------------.------.1649

Yarbrough, Honorable John E. ..____._._....._....._......___._.__..1644

Yates, Honorable C. R. ----------------------------------------------------..1656

Yates, Honorable E. A., Jr. ------------------------------_...--------1654

1676

INDEX

Youmans, Dr. T. Benjamin, Jr. __--------------.____--__--_--------------------1647 Young, Dr. Florence ..............._._...._._......_.._...------------------------------1648 Appropriations for Operation of State Government, HB 1 --------------------------------55, 58, 67, 222, 329, 339, 349, 369, 375, 379 Appropriations for Operation of State Government, supplementary HB 2 --------------------------55, 58, 67, 222, 284, 332, 339, 349, 369, 377, 379 Archives and History Department of; branch depository, SB 199 __._--------------._----____----------451, 514, 583, 598, 641, 1154, 1667 Area Schools; authorize establishment of, SR 38 __--------_-----_----------------188, 219, 520, 816, 1097, 1152, 1494, 1666 Arlington, City of; hours polls open, HB 636 --------------530, 532, 576, 706, 735 Armed Forces Members; priority air travel, HR 15 --------________----___......_ 29, 34 Armed Forces Members; suspension of certain income taxes ratified, HR 128 --_-----------____------__--------------.................289, 298, 328, 788, 1620 Art Commission, Georgia; performing arts, HB 671....----.----.832, 836, 1167, 1597 Ashburn, City of; corporate limits, HB 607 ----------------605, 627, 697, 785, 871 Ashburn, City of; election of council, HB 604 --------------.605, 623, 694, 785, 870 Assult and Battery; assaulting enforcement officers, SB 20 ___________------.30, 39 Assessing Property of Public Utilities; committee to study procedure, SR 103 -.--_----__._---_-------------------_----___--_____----1162, 1309, 1657, 1658 Athens, City of; appointment of deputy registrars, HB 492 .-----------------______________.__-____----.------.___.--------.488, 503, 566, 785, 864 Athens, City of; building and housing codes, HB 784 ------------.-.--------------_.._____.__------.------..1159, 1163, 1245, 1312, 1349 Athens, Clarke County; consolidation of government, HR 232 _________-_---------------____------______-_--.490, 512, 573, 786, 1024 Athens, Clarke County School System; educational tax, HB 491 .._---_---_------.------------..------_______----487, 503, 566, 644, 716, 1156 Athletic Contests; regulate sale of tickets other than college events, HB 306 ---_-___--________________----____-----.-.._--_____496, 500, 564, 855, 1540 Atkinson County; establish county court, HB 227 ---.-----_--__--_________---_---------__________209, 216, 240, 785, 861 Atkinson County; qualifications for judge, SB 180 _-_._---------__.---.___._______-------316, 356, 412, 415, 483, 613, 1667 Atkinson County; sheriff's salary, HB 228 --------------------.209, 216, 240, 413, 425 Atlanta Braves and Falcons; welcome, HR 129_----------...--------_,,_----___122, 186 Atlanta, City of; amend charter, SB 187------_.350, 405, 412, 467, 550, 679, 1667 Atlanta, City of; board of aldermen, HB 12---- -_--------______-69, 80, 107, 170, 198 Atlanta, City of; corporate limits, SB 35--------38, 46, 328, 468, 482, 1554, 1559,
1564, 1604, 1605, 1608, 1629, 1630, 1665 Atlanta, City of; corporate limits,
HB 86 ------____--------_--..--.------71, 82, 110, 706, 802, 822, 833, 1242, 1286 Atlanta, City of; create interim committee to study affairs, SR 114 --------___1163 Atlanta, City of; criminal court, investigators, HB 177---- 226, 231, 276, 412, 423 Atlanta, City of; dwelling repairs and demolitions,
HB 568 --_--------------------------------------1229, 1232, 1245, 1310, 1351 Atlanta, City of; employees pensions, death while in
service, HB 213 --------__------...----..----------._._..._-.... 227, 232, 277, 1310, 1336 Atlanta, City of; employees pensions, disability,
HB 215 _.-_---------------------------- ------------227, 232, 277, 1310, 1318, 1596 Atlanta, City of; employees pensions, disabled after
five years, HB 214 --------------------------------227, 232, 277, 1310, 1336 Atlanta, City of; employees pensions, fractional parts
of years service, HB 211 ..--_--------------------------------226, 231, 1310, 1335 Atlanta, City of; employees pensions, refund of
contributions HB 212 --------------------------. ..226, 232, 277, 1310, 1336

INDEX

1677

Atlanta, City of; employees retirement benefits, HB 731 _.___-----_.---.--__----------------------830, 836, 1168, 1310, 1326
Atlanta, City of; fire department pensions, HB 598----605, 622, 693, 1312, 1339 Atlanta, City of; fire department pensions, HB 413 _------------------385, 397, 459 Atlanta, City of; pensions, former employees,
HB 356 ------_-----------------------------312, 319, 358, 854, 869, 1156 Atlanta, City of; police department pensions, HB 597----604, 622, 693, 1312, 1338 Atlanta, City of; police department pensions, SB 242 ------__.____-------- ___..___767, 840 Atlanta Coastal Tourist Commission; create.
SB 197 -----._------------_------_----.-------451, 513, 787, 1095, 1151 Atlanta-Fulton County Local Education Commission;
establish, SR 73 ----------------_.._------558, 638, 784, 859, 1152, 1462, 1667 Atlanta, Fulton and DeKalb Counties; establish local government
commission, SR 64 --------------499, 563, 784, 855, 856, 1152, 1563, 1632, 1666 Atlanta-Fulton Recreation Authority Act; redefine,
HB 769 _--________----------__.------.1157, 1166, 1248, 1268, 1276, 1310, 1595 Atlanta Judicial Circuit; abolish fee system in superior courts, SB 42________44, 51 Atlanta Judicial Circuit; additional judge,
SB 204------------------___--.-- ----__.............497, 561, 643, 1111, 1212, 1238 Atlanta Judicial Circuit; assistant solicitor general,
HB 94 ----__----_----_-------------------------71, 84, 111, 170, 243 Atlanta Municipal Court; cost, HB 13------------------69, 80, 108, 1312, 1314, 1599 Attorney General, State; defend state officials and employees,
certain conditions, SB 161 ------------------------...--_----_----_.._..--290, 321 Attorney General, State; reimburse expenses, HB 677.--762, 777, 848, 1176, 1595 Augusta, City of; corporate limits, HB 665----------------------676, 682, 780, 1175 Augusta, City of; election of mayor and council, HB 595--------------604, 622, 693 Augusta, City of; employees' retirement, HB 717---------..760, 769, 842, 1175, 1206 Augusta, City of; law enforcement officers, compensation,
HB 650 __--------------------_--.--------------.-....609, 626, 696, 1175, 1204 Augusta, City of; municipal court, personnel,
SB 236 ._--_--------------------617, 639, 854, 1063, 1152, 1241, 1263, 1667 Augusta, City of; powers of Masonic Hall trustees,
HB 318 ...............................--------.--......674, 681, 779, 1311, 1337 Augusta, City of; retirement allowances, HB 718______760, 769, 842, 1175, 1206 Augusta, City of; retirement benefits, HB 719 --------...760, 772, 845, 1175, 1206 Augusta, City of; street improvements, HB 432 --------........388, 398, 460, 517, 737 Augusta, City of; street sprinkling system, HB 433--------388, 398, 460, 517, 738 Austell, Town of; corporate limits, HB 625----------------..607, 629, 699, 854, 874 Automobile Safety Belts; installation, SB 120 ------------188, 218, 280, 666, 826 Automobile Safety Belts; requirement for inspection
certificate, SB 121 --------------------------------188, 218, 280, 670, 826 Automobile Theft; revocation of driver's
license, SB 26 ............__..............----------------....--37, 45, 113, 115, 152, 387, 483 Autonomous Division of Mental Health; create committee
to study, SR 120 --------_..___----------------__....------------------__...--......1626

B

Bacon County; commissioners, chairman's salary, HB 755 ----------------__----------------.........----------758, 775, 843, 1175, 1196
Bacon County-Alma; create joint planning commission, HB 756 --------------------------------------.758, 775, 843, 1175, 1209
Bail Trover; confinement of defendent for non-security, SB 131 --------------------------------.------ 213, 237, 643, 1091, 1151

1678

INDEX

Bailiffs; jurors and court bailiffs, salary,

SB 126 --

----------------

212, 236, 281, 474, 550, 1306, 1666

Bainbridge, City of; number of aldermen, HB 317 ............. 262, 271, 302, 577, 727

Baker County; commissioners, HB 635 _------.--------...... 530, 532, 576, 706, 735

Baker County; sheriff's salary, HB 633 ..----.530, 532, 576, 706, 1310, 1329, 1662

Baldwin County; convey land to Georgia Military College,

HR 158

.......... --_--.__.._..___..__-----------.---.347, 408, 1176, 1233

Baldwin County; convey land to St. Stephens Church,

HR 157 ------.--..--------_----__------------_------...449, 454, 516, 1176, 1232

Baldwin County; sheriff's salary, SB 117 ...._. 187, 218, 576, 707, 826, 1242, 1666

Banking Laws; create committee to study, SR 124 ------------------_------------1626

Banks; extension and expansion, HB 301 ---------- 674, 681, 779, 853, 1277, 1597

Banks; taxation of shares, HB 337 ------------------------ 613, 619, 690, 853, 1223

Banks; private banks must be organized under State and U. S.

banking laws, SB 89 ----------------122, 168, 280, 439, 445, 1242, 1262, 1300,

1483, 1485, 1665

Banks; Regulated Certificated; provide for incorporation,

SB 88 ....................122, 168, 280, 434, 483, 1241, 1261, 1300, 1483, 1484, 1665

Banks County; commissioner's supplies, HB 658 ........... 832, 835, 1167, 1311, 1340

Banks County; sheriff's salary, HB 473 ._._..__.__..__....486, 501, 565, 644, 745

Bar Examination; change educational requirements,

SB 51 ..__----.----_____---------------------------63, 86, 171, 182, 206, 456

Barbers; master barber's certificate, HB 219 ....1108, 1109, 1171, 1177, 1506, 1631

Barbers, State Board of; resident requirement, HB 170...---------602, 618, 690

Barfield, Grady; compensate, HR 45 .__.......----................. 264, 273, 304, 852, 1118

Barrow County; board of education, HB 578 ..........529, 532, 575, 1175, 1199, 1275

Bartow-Cartersville Airport Authority; create, HB 151---- 155, 163, 193, 412, 422

Bartow County; ordinary's salary, HB 722----...............832, 836, 1167, 1311, 1341

Baxley, City of; bonded indebtedness, HB 679 ----675, 684, 782, 1174, 1181, 1276

Beckwith, Major Charles A.; commend, SR 105 --..---------------- 1161, 1301, 1637

Bell, William T.; compensate, HR 227 ----_------------..600, 630, 700, 852, 1141

Ben Hill County; superior court clerk's salary, HB 235 -- 209, 216, 240, 308, 364

Bibb County; employees' insurance, HR 218 ....................390, 404, 464, 517, 1013

Bibb County; pension plan, HB 460 --.------------------------.386, 401, 462, 517, 743

Bibb County; recreation system, HR 217 ------...---------- 390, 404, 464, 517, 1011

Bibb County; retirement plan, HR 216 ............--------____. 390, 403, 464, 517, 1008

Bibb County; state convey certain property to, HR 148 ......386, 402, 463, 584, 642

Bibb County State Court; name changed from Macon

City Court, HB 502 ------------------------....-488, 504, 567, 644, 746

Bibb County Water and Sewerage Authority; sources of

supply, HB 461 ......_........----------..-------.........--_----486, 501, 564, 644, 743

Bibb-Macon City Court; establish court probation,

HB 503 .........-..._._._-...--........----..._....__.-.....--_..488, 504, 567, 644, 718, 1156

Bibles; sales tax, ratify executive order of Governor,

HR 37

..---------------_------------ ------------96, 102, 128, 788, 1619

Billboards; require removal of; SR 25 --79, 107, 466, 590, 598, 1464, 1532, 1667

Biological Permit Act, Georgia; create, HB 560 --..----764, 771, 846, 1172, 1593

Black, Honorable Charles M.; commend, SR 32 ......_----_._....__..--.............--.. -------- 97

Black Rock Mountain State Park; convey water rights,

SR 87 ------.----............-..............---------------------------767, 840, 1215, 1239

Blackshear, City of; election of aldermen, HB 454----------390, 400, 461, 577, 743

Bleckley-Cochran Industrial Development Authority,

HR 319 ---------....----.........------.------------759, 770, 842, 1176, 1437, 1660

Blue Ridge Judicial Circuit; clerical help for judge,

HB 631 ........--..-----------------------.......--------------602, 624, 695, 786, 875

Blind, Cooperative Services for; credit for service, SB 209 ..----------...-...498, 562

INDEX

1679

Blood Tests; to determine amount of alcohol, costs, HB 25---- -------------.._--.--------------.184, 189, 220, 1250, 1256
Board of Barbers, State; resident requirements, HB 170--------------602, 618, 690 Board of Corrections, State; appropriations, HB 691------------614, 636, 704, 851 Board of Corrections, State; director's salary, HB 566....765, 776, 847, 1176, 1301 Board of Education, State; school systems rulings, SB 103----161, 191, 221, 442 Board of Pharmacy, Georgia State; filling vacancies,
SB 100 --...-----.-._..--------------------.......160, 191, 198, 252, 284, 1155, 1665 Board of Probation, State; change salary of members,
HB 252 .................... .......................... ..................345, 352, 407, 518, 520 Board of Registration, State; for Used Motor Vehicle
Parts create, SB 33 --------------_............38, 46, 223, 256, 284, 1307, 1449, 1665 Boards of Education, County; compensation of members,
SB 45 --------------------------56, 66, 221, 255, 256, 260, 598, 1308, 1453, 1665 Boards of Education and Superintendents, County;
election of, HR 34 ..--..----------------------...........634, 669, 703, 854, 1085 Boswell, Mrs. Patricia N.; compensate, HR 71 ------------313, 320, 358, 851, 1123 Brawley, Dr. James P.; congratulate, HR 65.--.........-------------- --_----55, 56 Bremen, City of; corporate limits, HB 773----._--------......-1158, 1165, 1247, 1311 Brock, William Myers; compensate, HR 192----------------600, 630, 700, 852, 1138 Brooks County; sheriff's salary, HB 444 --------------...389, 399, 460, 1173, 1183 Brooks County Development Authority; create, HR 97---265, 274, 304, 413, 931 Brown, Mr. Johnny A.; compensate, HR 181 ._................495, 511, 572, 851, 1136 Brunswick, City of; tax certain property, HR 243... 611, 631, 700, 1064, 1411, 1660 Brunswick-Glynn County; consolidate government,
HR 139--......___-------------------------------.......265, 275, 305, 517, 955 Brunswick-Glynn County Development Authority;
definitions, HR 201---.----.------.--------__.__....--...489, 511, 572, 645, 995 Brunswick Judicial Circuit; assistant court reporter,
HB 746 ----.----------------------.----..830, 837, 1168, 1311, 1342 Bryan County; city court, disposition of suits, HB 331 .....------263, 271, 517, 728 Bryan County; treasurer's salary, HB 332--__.....----------263, 272, 303, 517, 729 Buck Head Baptist Church; amend charter, HB 666.------675, 682, 780, 786, 880 Budget Officer, State; furnish fiscal notes, SB 162 ..--..... _______...... .------290, 322 Bulloch County; salaries, superior court personnel,
SB 238 ..... .................__------680, 778, 1173, 1179, 1238, 1462, 1667 Bunch, Joe B.; compensate, HR 229 ........--------------.....601, 630, 700, 852, 1142 Burch, Mrs. Ola; compensate, HR 63_----..._.--.------ 312, 320, 358, 851, 1122 Bureau of Investigation, Georgia; additional powers and
duties, SB 24 ________.__.____.._______----.__.________.....----......._.36, 44, 113 Burial Place, Desecration of; punishment for, SB 166------291, 322, 466, 534, 598 Burial Plots; exempt from taxation, SR 28.----.--...----------__________--....100, 126 Burke County; Buck Head Baptist Church, HB 666--------675, 682, 780, 786, 880 Burke County; sheriff's salary, HB 9........---- ._--------.......----61, 64, 87, 222, 242 Burke County; superior court terms, HB 427 --.._----.....385, 398, 459, 517, 737 Burke, S. F., Georgia High School Association; commend, HR 180......--.266, 1161 Burton, Honorable Joe N.; express appreciation to, SR 97.....----.........----..._--1625 Butts County; commissioners' compensation, HB 611 --.......606, 627, 697, 786, 872 Butts County; ordinary's clerk, salary, HB 612...------....-- 606, 627, 697, 786, 872 Butts County; sheriff's salary, HB 613------.._----...........___.606, 628, 698, 786, 872 Butts County; tax collector's clerk, salary, HB 614----...... 606, 628, 698, 786, 873
c
Caldwell, Lieutenant T. E.; compensate, HR 48 ....--------264, 273, 304, 852, 1120 Calhoun County; sheriff's salary, HB 634 --------------...530, 532, 576, 706, 734

1680

INDEX

Callaway, Honorable Bill; commend, SR 43 ......--------.--__----_______--___________ 186 Camden County; stabilize property tax, HR 88--.---- --....................158, 167, 196 Camden County Development Authority; create, HR 89--158, 167, 197, 413, 926 Candidate; declared party nominee, HB 283.-.....-..-----.--553, 559, 639, 1267, 1293 Capital Offense; separate trial, two or more persons indicted, SB 95--...--.123, 169 Capital Punishment; abolish, SB 186 .,,----_----.---- ----------- 350, 405 Castleman, Honorable Henry; congratulate on birthday, SR 44 ________________----.186 Catoosa County; authority to levy taxes, HR 161 _____610, 630, 699, 1176, 1353 Catoosa County; clerk's salary, HB 583-.---------.... 603, 620, 691, 1174, 1186 Catoosa County; commissioner's assistant, salary,
HB 585--____._---------------------_____--.__----_--603, 620, 692, 1174, 1187 Catoosa County; employees of tax commissioner, salaries
HB 584.__.______.____-.-----..-._-_--__-.._-___..--_.603, 620, 692, 1174, 1186 Catoosa County; sheriff's salary, HB 415----.---- 383, 397, 459, 577, 717, 1156 Catoosa County; utility commission vacancies, HB 305 .-...261, 270, 301, 328, 365 Catoosa County Development Authority, create,
HR 321-_...._-._.........--._....---.-------------_______ 831, 839, 1170, 1311, 1402 Cemeteries; perpetual care and endowment,
HB 421 .._._._.__,,-.-___.._____,,_____----__ 1108, 1110, 1171, 1250, 1534, 1600, 1604 Centerville, City of; election of mayor and council,
HB 788---.......--,,....._....._..._._.._.__..__----------------.1160, 1164, 1246, 1312, 1350 Certificated Banks; provide for incorporation,
SB 88._____.._.__._....122, 168, 280, 434, 483, 1241, 1261, 1300, 1483, 1484, 1665 Chamblee, City of; tax dates, HB 708----------------------756, 768, 841, 1310, 1340 Charlton County; stabilize property tax, HR 90____----------___----158, 167, 197 Chatham County; board of health, HB 618..-...--------758, 767, 841, 1175, 1204 Chatham County; clerk of superior court, increase bond,
HB 190..--_________.__----_.--.......................................-...-....157, 165, 195, 516, 742 Chatham County; sheriff's bond, HB 189 _._...__....... ........... 157, 165, 185, 516, 740 Chatham County; state convey easement, HR 202 --------449, 454, 516, 1250, 1581 Chatham County; tax equalization, HR 225 ------------------490, 511, 573, 1312 Chatham County; tax installment payment, HB 194------.157, 165, 195, 517, 740 Chattahoochee County; business licenses, HR 250---489, 513, 574, 700, 786, 1038 Chattahoochee County; business license fees, HB 384----312, 319, 358, 1175, 1201 Chattahoochee County; sheriff's salary, HB 484 --487, 502, 566, 1175, 1201, 1294 Chattahoochee County; tax commissioner's salary,
HB 483-- ---.-------------------------__--------------------487, 502, 565, 785, 863 Chattahoochee Judicial Circuit; judge's salaries,
HB 684-------.--....------------------------------677, 684, 782, 1175, 1205 Chattahoochee Judicial Circuit; solicitor's salary,
HB 445.----------------------------.--------------.384, 399, 460, 517, 739 Chattooga County; board of education, election and terms, HR 140-- 265, 275, 305 Chattooga County; clerk's salary, HB 277----------------228, 234, 278, 854, 861 Chattooga County; consolidate offices of tax receiver and
collector, HB 275 ......----_..._----_----_----_------------------------ 228, 233, 278 Chattooga County; provide effective date for city court, HB 278----. 228, 234, 278 Chattooga County; sheriff's office, duties and salaries of staff,
SB 239-----------------------------------766, 840, 1173, 1178, 1238, 1462, 1667
Chattooga County; sheriff's salary, HB 276-------------228, 233, 278, 854, 861
Chattooga County Development Authority; create, HR 114---------------..----------..------_----...........265, 274, 305, 854, 943
Cherokee County; board of education members, SR 39 --.----.------._..-----------------188, 219, 784, 887, 1238, 1462, 1667
Cherokee County; certain officials' salaries, HB 516----491, 506, 568, 1173, 1185
Cherokee County; commissioner's salary, HB 510------491, 505, 568, 1173, 1185

INDEX

1681

Cherokee County; repeal resolution relating to title of land, HR 203 .--------.__....----..--------------------.449, 455, 516, 1176, 1197
Cherokee County Development Authority; create, HR 291.------.--------------...-------------------------678, 687, 784, 1176, 1381
Civil Cases; deposit advance court costs, HB 223.------------..__.347, 352, 407, 578 Civil Cases; revise procedures,
HB 6-----------.---------- 265, 269, 301, 643, 811, 833, 1093, 1110, 1113, 1283 Claims Advisory Board; prohibit fees, HB 141------------------------ 208, 215, 239 Clarke County; board of education, membership,
HB 540.--------.------...--.---.------------493, 507, 570, 785, 866, 1275 Clarke County; board of education, membership, HR 255--490, 513, 574, 787, 1040 Clarke County; sheriff's salary, HB 490 . ..------.... 487, 503, 566, 785, 863 Clarke County; treasurer's salary, HB 493.-.-.--------488, 503, 566, 785, 864 Clarke County; warm air heating contractors, HB 385-----312, 319, 358, 785, 862 Clay County; sheriff's salary, HB 632.------------------ 529, 532, 575, 706, 734 Clayton County; abolish office of treasurer, HB 536.------ 493, 507, 570, 664, 750 Clay ton County; change name of militia district, HB 367--288, 297, 326, 413, 431 Clayton County; commissioner's bond, HB 535 --.--------493, 507, 569, 644, 749 Clayton County; commissioners, duties of vice-chairman,
HB 705-...-.-.....-..--....---------------.._------------756, 768, 841, 1174, 1193 Clayton County; levy tax to encourage industry,
HR 284 ...---......-...--....-.----.,,------.----..-------- 612, 633, 702, 1176, 1372 Clayton County; purchasing agent full time employee,
HB 279 -.....-.._..-....--.--.-...--------------------..--. ... 228, 234, 278, 413, 426 Clayton County Water Authority; eminent domain,
HB 707----------------..-- .----...----------...----------.756, 768, 841, 1174, 1194 Clayton Judicial Circuit; court reporter's salary, HB 562 528, 530, 574, 645, 752 Cobb County; board of education, election of members,
SR 47 ...--_.------------------------__ 231, 276, 854, 889, 1238, 1526, 1599, 1666 Cobb County; board of fire commissioners, HB 672----- 676, 683, 781, 1311, 1340 Cobb County; bonds for sidewalks, HR 327--------.------831, 839, 1170, 1311, 1409 Cobb County; business licenses, HB 497------------------488, 503, 566, 1173, 1184 Cobb County; certain officials salary, HB 751----------.830, 838, 1169, 1311, 1343 Cobb County; civil and criminal court, add judge, HB 641.. 608, 625, 695, 854, 876 Cobb County; create office of medical examiner,
SB 175 ._..._--..---------.----------..--_......--315, 355, 412, 415, 483, 833, 1666 Cobb County; electors qualifications, HR 264------------------------ 611, 632, 701 Cobb County; establish county manager form of
government, HR 73._....,--------------...----------.---------...96, 103, 129, 577, 920 Cobb County; funds for law libraries, HB 748..----------..830, 837, 1168, 1311, 1342 Cobb County; incorporation of territory, SR 5--------------------.--------.213, 237 Cobb County; senatorial districts, HB 289------------------388, 394, 456, 642, 1592 Cobb County; sheriff's deputy, HB 556.--.------------------------494, 509, 571, 866 Cobb County; tax commissioner's clerk, salary,
HB 749------------------------__..----------------------832, 837, 1168, 1311, 1342 Cobb County; treasurer's salary, HB 762----------------.831, 838, 1169, 1311, 1344 Cobb County; zoning and planning commission, HR 117----159, 168, 197, 854, 953 Cobb Judicial Circuit, judge's salary, HB 750------------830, 837, 1169, 1311, 1343 Code Revision Council; create, HB 17-------.----------------121, 124, 170, 410, 1583 Cognizance Bonds; military personnel, HB 307.----------347, 353, 407, 1249, 1541 Cohutta Talc Company; land conveyance, HR 136----------264, 274, 305, 410, 582 Coleman, A. M. (Tonto); commend, HR 334.........------... .----------------680, 1161 Collection Agencies; create committee to study, SR 5----------,,..----____.,, 33, 465 College Park, City of; election of mayor and
councilmen, HB 571..--..--...------------------.--.........529, 531, 575, 1312, 1338 Colquitt, City of; corporate limits, HB 477----------------487, 502, 565, 706, 734

1682

INDEX

Colquitt County; commissioners, retirement certain personnel, HB 772--.---...--...--.-----.._-_.----.-..----_.-----------1160, 1165, 1247, 1346
Colquitt County; sheriff's salary, HB 89--------..--____.--71, 83, 110, 222, 243 Columbia County; construction rights, HR 188._--____.----208, 215, 239, 413, 424 Columbus, City of; jurisdiction of city court, HB 452------ 390, 400, 461, 517, 742 Columbus, City of; municipal court, marshal's salary,
HB 785 ....--- ... - .....---....----_.-...1159, 1164, 1245, 1312, 1350 Columbus, City of; salaries of judge and solicitor of city court,
HB 446.----..--.-.--....--.--....--.._._...____-....._......384, 399, 460, 517, 739 Columbus-Muscogee County Building Commission; create,
HR 164 -..----...----_----___.----___.--____--__----___. 315, 321, 359, 854, 901, 1242 Commercial Feed Stuff; inspection fee, HB 193 ...__...------613, 635, 704, 787, 1214 Commercial Code, Uniform; negotiable instruments, repeal
certain laws, HB 38.................------_---._.-.._..-------------------- 72, 81, 108 Commission; Atlanta Coastal Tourist; create, SB 197--451, 513, 787, 1096, 1151 Commission; Atlanta-Pulton County Local Education;
established, SR 73.......--------------------558, 638, 784, 859, 1152, 1462, 1667 Commission; Georgia Water Resources; create, HB 509--.----..765, 778, 849, 1250 Commission, Governor's on Efficiency and Economy in
Government, commend, SR 86--..--__.--_.._--..._.._..----------835, 1152, 1637 Commission on Honesty in Government; propose, SR 22--.----------_--_____--__ 64, 87 Commission on the Status of Women; create, HB 154 .-..348, 351, 406, 788, 1467 Commission; State Property Control, sell surplus property,
HR 244..----__--_._.____.--------._-------------------__- 602, 631, 700, 1176, 1621 Committees; Air Pollution Study, create, SR 80----. 618, 690, 787, 826, 1152, 1636 Committee; Alcohol Education Study; create, HR 111--.----------1109, 1110, 1171 Committee; to study procedure for Assessing Property of Public
Utilities; create, SR 103..______.------------_--------.......----.1162, 1309, 1657, 1658 Committee; to study affairs of City of Atlanta; create, SR 114------. ----------1163 Commitee; to study Banking Laws; create, SR 124...----...----------------.----1626 Committee; to study Collection Agencies, create, SR 5 ,,---- ,,....------------ 33, 465 Committee; Criminal Records System Study; create, SR 49----. 269, 518, 672, 1636 Committee; Defense and Veterans Affairs; function after
adjournment, SR 106 .... ._,,-- ...------......--------------------1163, 1309, 1658 Committee; Election Laws Study, create, SR 112.------___...----------.....1163, 1629 Committee; to study Fees and Taxes on Insurance Companies,
SR 107 ----_.----..----------------------------_------------.----.._ .1163 Committee; Fiscal Affairs Sub-Committee, create,
SB 183 .---__-..-..-__.-.----__--------316, 356, 465, 469, 483, 1308, 1469, 1667 Committee; to study Fluoridation of Water Supply, SR 30.-- ....... 100, 126, 1657 Committee; Law Revision, create, HB 17--------------.__.121, 124, 170, 410, 1583 Committee; Motor Vehicle Identification National Study;
create, SR 71...------------------_----_......................................558, 638, 705, 1295 Committee; Motor Vehicle Identifying Standards, create, SR 72.----558, 638, 1627 Committee; Motor Vehicle Inspection Law Study, SR 40--._----_._188, 219, 1657 Committee; Penal and Correctional Affairs Study, create, SR 117-.-----_--.1625 Committee; to study Probate of Wills, create, SR 68...._----------.557, 637, 1657 Committee; to study Operations of Public Corporations, create, SR 118..------1626 Committee; to Study Public Utility Company Rates, create, SR 108--------1163 Committee; Rapid Transit Study, repeal certain provisions,
SB 171----------------------------292, 323, 579, 670, 826, 1307, 1447, 1665 Committee; Retirement Systems Advisory, create, SB 69----------------77, 105 Committee; to study organization, committees and
secretary's office of Senate, create, SR 127------._----------------------1627 Committee; Standing Retirement Committee of Senate, amend, SR 16----------50 Committee; State Claims Study; create, SR 101------_.....__...._......_------.1162

INDEX

1683

Committee; to study Employment Conditions of State Employees, create, SR 128 ._.... .... --.--.-------.-.--------.-- 1627
Committee; to study Feasibility of State Liaison Office in Washington, D.C., create, SR 65-----------499, 563, 1084, 1152, 1637
Committee; to study Statewide Tenure Law; create, SR 95----______1162, 1629 Committee; to study Court Reporters Retirement System, create, SR 122--.---1626 Committee; Traffic Safety Study; create, HR 301--------------1228, 1231, 1245 Committee; Uninsured Motorists Fund Study Committee,
create, SR 77----.-------------..-----------------617, 689, 1177, 1212 Committee; Workmen's Compensation Study, create, SR 113----------------1163 Concealed Weapons; sharp pointed devices, HB 229------------...-- 388, 394, 456 Condemnation and Eminent Domain; service on non
residents, HB 273 ........------------..--.--.--------674, 681, 779, 1309, 1519, 1662 Congressional Delegation, Georgia; urge to oppose federalization
of unemployment insurance, SR 54 __------_._-------------------------------- 380 Conspiracies; amend Code relating to SB 30 --.__._--__,,--...--...-------------- 37, 46 Constitution; change method of amending, SR 8..----------------33, 410, 584, 598 Constitutional Convention; call to revise Constitution of
Georgia, SR 59---------.---------------.--------------------------- 452, 514 Constitutional Convention; call to revise Constitution, SR 6--------------------...33 Contiguous Territory; method of annexation,
SB 182 ----...--..----_.----.--------350, 405, 465, 468, 550, 797, 1151, 1274 1456, 1487, 1503, 1630, 1667
Contracts; binding for eighteen year old married persons, SB 14 .----_--------------------. _....--.. 13, 32, 113, 117, 152, 1308, 1444, 1665
Conveyance to Secure Debt; new Code section, HB 29-------------- 62, 65, 88, 855 Cook County; sheriff's salary, HB 191 ...... ..._..--.....--..........157, 165, 195, 516, 725 Cordele, City of; bonds for street construction, HR 266-612, 632, 701, 1176, 1366 Cordele Judicial Circuit; solicitor's salary, HB 537..--..----611, 619, 691, 785, 865 Cornelia, City of; City Commission, salaries, HB 459--....386, 401, 462, 1173, 1184 Cornelia, City of; city manager's salary, HB 456 .------385, 401, 462, 1173, 1183 Cornelia, City of; rights of eminent domain, HB 457----385, 401, 462, 1173, 1184 Cornelia, City of; elections, referendum, HB 455----------385, 400, 462, 1173, 1183 Corporation Charter; advertise application, HB 42..--...........62, 66, 88, 281, 1584 Corporations; privileges resumed upon full payment
of taxes, SB 153----._-------------------------------------------- ---- 268, 300, 349 Corporations Public; issue revenue bonds, HR 20---------159, 166, 196, 1310, 1564 Corrections, State Board of; appropriations, HB 691-----------.614, 636, 704, 851 Corrections, State Board of; director's salary, HB 566----765, 776, 847, 1176, 1301 Cosmetology; regulate practice of,
SB 46 ....... ...................... 57, 66, 329, 342, 379, 1241, 1266, 1665 County Boards of*Education; compensation of members,
SB 45 ------------------------56, 66, 221, 255, 256, 260, 598, 1308, 1453, 1665 County Boards of Education; election of, HR 34--------.--.634, 669, 703, 854, 1085 County Digests; equalize tax assessment, SB 143 .------.--.266, 299, 361, 580, 672 County Government; powers, HR 298----..----.----.--------.762, 1250, 1609, 1662 County Officers; grand jury indictment, HB 83 ------------1108, 1109, 1170, 1249 County Officials; indictment for malfeasance, SB 122 ........------------_---- 188, 219 County Property; sale, conveyance, HB 622--.......--..... 829, 835, 1167, 1311, 1339 County Road Funds; annual audit, HB 77----------186, 190, 220, 1310, 1489, 1658 County Surveyor; qualifications, HB 110--..--..------....... 554, 558, 639, 788, 1588 County Tax Digests; revenue commissioner examine,
HB 468.--..----............__--..--------654, 560, 640, 1094, 1177, 1274, 1293, 1294 Court Reporter, Senior; Superior Court; create office, HB 242..-----.497, 500, 564 Court of Appeals; judge's salaries,
HB 68 .......--...--.._.--------------96, 100, 127, 643, 794, 1232, 1304, 1459, 1664

1684

INDEX

Courts; dismissal of suits pending five years or longer, HB 377 ----__----_--------------------------387, 395, 457, 1178
Covington, City of; amend charter, HB 73--------------94, 101, 127, 412, 416, 555 Coweta County Development Authority, create,
HE 274--------.--------611, 633, 702, 1175, 1428, 1461, 1602, 1603, 1638, 1664 Crawford County; combine offices of clerk and ordinary,
HR 271 ----,,-----__.----.-----------------612, 632, 701, 787, 1053 Crawfordville, City of; time polls open, HB 628--------------608, 624, 694, 786, 874 Credit Unions; procedure for incorporations, SB 189----392, 455, 853, 1096, 1151 Crime Prevention; indemnify private citizens,
HR 149-----_---_----.---___--------------496, 509, 571, 1250, 1594, 1661 Criminal Cases; change in venue, SB 44..----------.----------------------56, 66, 581 Criminal Cases; jury hear prior criminal record, SB 31--------------------.38, 46 Criminal Procedure; forfeiture of appearance bond,
HB 36--_--_--,,-------_----------.------------ 614, 634, 703, 1249, 1583 Criminal Records System Study Committee; create, SR 49----269, 518, 672, 1636 Crisp County; salaries, certain officials, HB 355----------312, 319, 358, 517, 728

D

Dade County; certain property tax exempt, HR 204----------------...------.__..--------_----__388, 403, 463, 577, 1111, 1310
Dade County; commissioner's salary, HB 286--_...--------229, 235, 279, 413, 426 Dade County; expense allowance for ordinary, HB 287----.229, 235, 279, 413, 427 Dade County; sheriff's salary, HB 288----------------------229, 235, 279, 413, 427 Dade County; tax commissioner's salary, HB 285----__..,,.. 229, 234, 279, 413, 426 Dallas, City of; create recorder's court, HB 734----760, 773, 845, 1174, 1211, 1275 Dalton, City of; court fines and punishment, HB 624----607, 629, 699, 1174, 1189 Dalton, City of; employees and officials pension plan,
HB 732----------._-------_--__--_---___830, 837, 1168, 1311, 1327, 1631 Dalton, City of; incorporate certain lands, HB 621--------.607, 629, 698, 1174, 1189 Dangerous Drugs; dispensation of, SB 80--------98, 125, 197, 202, 224, 1155, 1665 Davis, Jeff County; tax commissioner's salary,
HB 685 .----------------.----------__------677, 684, 782, 1175, 1197, 1632 Davis, Jeff County; sheriff's salary, HB 686--------.--------677, 685, 782, 786, 882 Davis Jefferson Highway; erect appropriate markers, SR 58.-------------- 393, 456 Dawson County; sheriff's salary, HB 282--_._...----___ 228, 234, 279, 644, 726 Day Care Centers for Mentally Retarded; standards
required, SB 92------------------122, 169, 198, 206, 241, 249, 259, 1306, 1665 Day Care Service for Children; supervision, SB 176-_--_----------315, 355, 850 Dearing, City of; mayor and councilmen, terms of
office, HB 87--.---_.-_._----.-._-------------------.------71, 83, 110, 412, 419 Death Penalty; jury must recommend, SB 170--------------------292, 323, 618, 643 Decatur County; easement certain property in state park,
HR 153 ------------------------___------------------832, 839, 1170, 1312, 1581 Decatur County; sheriff's compensation, HB 316------------262, 271, 302, 576, 727 Decatur County; sheriff's salary, HB 315--------------------262, 271, 302, 576, 727 Deeds and Mortgages; powers exercised, HB 28.__--_--------------__62, 65, 855 Defense & Veterans Affairs Committee; function after
adjournment, SR 106 ------.____--_---------- --_----------1163, 1309, 1658 DeKalb County; certain officials' compensation and election,
HB 768--------_._____-_--------------------------_--1158, 1166, 1248, 1310, 1345 DeKalb County; commissioner's salary, HB 694_..678, 685, 783, 1312, 1325, 1597 DeKalb County; garbage disposal, HR 200----348, 355, 409, 854, 1088, 1090, 1243 DeKalb County; installment payments on taxes, HB 529----493, 507, 569, 785, 865

INDEX

1685

DeKalb County; judge of juvenile court, salary, HB 320---.---.---------------------.262, 303, 1320, 1478, 1479, 1543, 1663
DeKalb County; merit system council membership, HB 759 ..------------------------------------1158, 1166, 1247, 1310, 1328, 1598
DeKalb County; reimburse partial police cost, HE 293----.----------679, 687, 784 DeKalb County; school board districts, HB 526.__....-..-.492, 507, 569, 854, 865 DeKalb County; support animal agencies, HR 209_------------------390, 403, 464 Demolition of Dwellings and Buildings; grant power to
municipalities, SB 50 ----______------___----___62, 86, 706, 708, 826, 1235, 1236 Demonstrations and Picketing; prohibit around certain
buildings, SB 220----..-------_.__----____----._____-_______._-.___-._------.----..557, 638 Dental Scholarship; provide dental service in certain areas, SB 105......--.161, 191 Denton, City of; grant charter, HB 757--....--_--___-__--758, 775, 843, 1175, 1210 Department of Agriculture; applicant registration,
HB 488 --_---_----__.--_--____----__._____----------_.--764, 771, 846, 1172, 1536 Department of Archives and History, State;
branch depository, SB 199----------------.451, 514, 583, 598, 641, 1154, 1667 Department of Industry and Trade, State; promote
tourism, SR 27-------_----_-----.---------79, 107, 307, 795, 826, 1464, 1666 Department of Industry and Trade, State; publicize
advantages of state, SB 210--'--------.--------__------.498, 562, 851, 1099, 1238 Department of Labor; supplemental appropriation, HB 500----762, 775, 847, 1176 Department of Public Health, State; use funds for correction
of physical defects, SB 231.--_--..--------------------.616, 688, 1152, 1177, 1238 Department of Public Safety; additional powers, state patrol, SB 23----36, 44, 113 Department of Public Safety, State; driver's license applicant
must complete high school, SB 140----......__--..--___----.----------__----_.231, 276 Department of Public Safety; driver's license extension for out of
country citizens, SB 107 .__.-_._...--.___._..-----------------------. 161, 192 Department of Public Safety, State; honorary driver's licenses
to certain veterans, SB 143-------------------------------- 266, 299, 361, 580, 672 Department of Public Safety, State; minimum age to obtain
driver's license, SB 139----...--.____.---_--------__.__------.231, 276, 411, 481, 550 Department of Public Safety, State; pension benefits to children, SR 63----499, 563 Department of Public Safety; revocation of licenses under
certain conditions, SB 75--------..--------------------------.79, 106, 223, 257, 284 Department of Public Safety, Georgia; submission of
certain information, SB 25..----------.--------36, 45, 223, 253, 284, 1241, 1266, 1301, 1494, 1664, 1665
Department of Veterans Service; gifts and grants, HB 651------__-----.-.------_._--------__----------------.----765, 776, 847, 1310, 1594
Dependents, Non-support of; special probated sentence, SB 222------------557, 638 Desecration of Burial Places; punishment for, SB 166------291, 322, 466, 534, 598 Disabled Veterans; honorary driver's license, SB 119------.187, 218, 361, 440, 483 Dispossessory Warrants; property moved from premises, SB 235----------617, 639 Divorce Cases; petition information, HB 262--.--------_____.------764, 777, 848 Divorce Cases; temporary alimony hearing, HB 264------------763, 770, 845, 1249 Domestic Life Insurers; separate investment accounts,
HB 166----------------------__------------------......----346, 352, 406, 519, 1468 Dooley, Thomas J. Bridge; designate, SR 21--------------_--------_----------64, 87 Dooly County; coroner's salary, HB 619------------ ----_ 607, 628, 698, 1174, 1188 Douglas, City of; corporate limits, HB 422------------------.384, 397, 459, 644, 736 Douglas, City of; state convey certain property to,
HR 78.----------.-------.--_------------------555, 561, 641, 788, 1577 Douglas County; certain officials salaries, HB 582---------- 603, 620, 691, 785, 867 Douglas County Retirement Board; create, HB 580----.---- 602, 620, 691, 785, 866

.1686

INDEX

Douglasville-Douglas County Development Authority; create, HB 581 ---------- .------------.--------------.. 603, 620, 691, 785, 867
Douglasville-Douglas County Industrial Development Authority; create, HR 85-___-_-----..-----.---------------------158, 167, 196, 308, 923
Dove Zones; State Game and Fish Commission, HR 365------.---------- 834, 1162 Driver's Licenses; applicant must complete high school, SB 140.----------231, 276 Driver's Licenses; extension for citizens out of country, SB 107--_------161, 192 Driver's Licenses; honorary to certain veterans, SB 143..------ 266, 299, 465, 1092 Driver's Licenses; minimum age, SB 139-------------------- 231, 276, 411, 481, 550 Driver's Licenses; revocation for auto theft,
SB 26--__._----------------------------------------37, 45, 113, 115, 152, 387, 483 Driver's Licenses, Honorary; members of National Guard,
HB 138 -____._-__------.------_----.____--------__________----------679, 680, 778, 849, 1589 Drugs, Dangerous; dispensation of, SB 80..-----98, 125, 197, 202, 224, 1155, 1665 Drugs, Medicines, Poisons; dispense under certain conditions,
SB 158 ._--------------_------._____--------------269, 301, 360, 666, 826, 1464, 1667 Dublin, City of; millage increase, HB 723--------.--------829, 836, 1168, 1311, 1341 Dublin, City of; salaries of judge and solicitors, HB 520-528, 530, 574, 1173, 1185 Dublin-Laurens County School System; create,
HR 215------....------__----------------------------------_- 390, 403, 464, 577, 1005

E
Early County; sheriff's salary, HB 10.......------...----------------.61, 64, 87, 412, 416 East Point, City of; amend charter, SB 147----------...----267, 299, 706, 724, 802 East Point, City of; amend charter, SB 148---267, 299, 412, 414, 483, 833, 1666 East Point, City of; annex certain areas, SB 150--____.267, 300, 412, 415, 483 East Point, City of; highway department convey certain
property, HR 62 -.._............._--_.----._--_.____...------------. 159, 166, 308, 1561, 1659 Education Assistance Corporation, Georgia Higher;
budget unit, SB 146 --------------........_....._----------_..--...------..---------- 267, 299 Education; funds, local units, HB 292.----------------554, 559, 639, 853, 1520, 1659 Education, Minimum Foundation Program of; minimum sum
needed by local unit, SB 109 ....... __........_._.._......._. 162, 192, 221, 479, 550 Education; provide for certain persons in State
institutions, HB 46 ..------........._------.........----450, 452, 514, 1095, 1248, 1584 Education Improvement Council; member's expenses,
HB 241 _----.__----_----______----_..____.---._--_-_----...762, 777, 848, 1173, 1591 Education Personnel; remove certain provisions for
employing, SB 79 ..._...__..__-...........----.........----______.._.............-._ 98, 125, 221 Education Funds, State; use to replace or modernize
school facilities, SB 221._------.______.._--_--------------557, 638, 1173, 1217, 1238 Education, State Board of; school systems rulings, SB 103----..161, 191, 221, 442 Educational Improvement Council, Georgia; additional
members, SB 11 _................------__--------__ 12, 32, 89, 90, 199, 223, 1305, 1666 Eighteen Year Olds; may make contracts if married,
SB 14 --__,,--_....._-_--._----------...--__. 13, 32, 113, 117, 152, 1308, 1444, 1665 Elbert County; recreation programs, HR 288------------.678, 686, 783, 1175, 1373 Elbert County Development Authority; create,
HR 42 .----_.------.__ ....... ..------------73, 85, 111, 308, 1076, 1243 Election Laws Study Committee; create, SR 112..------......--------.-.----.1163, 1629 Elections; assistance to electors, HB 300.---------------- 764, 771, 846, 1250, 1468 Elections; qualification of candidates,
SB 178--------------.....-----------------------...316, 355, 518, 540, 598, 1154, 1667 Elections, Primary; assistance to certain persons, SB 160------....-------- 290, 321

INDEX

1687

Elections, Referendum; clarify provisions for calling, SB 5------.------_--------------------11, 31, 88, 117, 152, 1636, 1666
Electors, Registration of; residence requirements, SB 13-------_--------13, 32, 641 Emanuel County; convey certain tract of land, HR 123--288, 298, 328, 518, 1580 Emanuel County; sheriff's salary, HB 409----------..___---- 383, 396, 458, 577, 733 Eminent Domain; condemnation proceedings, non
residents, SB 76--...--.--...------------------98, 124, 410, 478, 550, 1464, 1666 Eminent Domain; condemnation proceedings, non
residents, HB 273 .....----.----------------------674, 681, 779, 1309, 1519, 1662 Eminent Domain; define certain phrases, HB 323.._.346, 353, 408, 1249, 1545, 1662 Eminent Domain; procedure, HB 272-------------------.674, 680, 779, 1309, 1592 Eminent Domain; service on non-resident, HB 270 ----------.-...673, 680, 779, 1309 Employees' Retirement System, State; benefits for future employees,
SB 137 --..------..------.__._.----.....----.._------......--...... 230, 275, 360, 597, 672 Employees' Retirement System, State; benefits for future employees,
SB 151 .----...._..._- _.---..__..---_..---.----_--_---__.___----.--...--. 268, 300 Employees' Retirement System; credit for certain members,
SB 209 ----.....---.....---...----...----..._----------.-..._----..._----...---498, 562 Employees' Retirement System, State; legislative and military time,
SB 60 . ---_..-----_._..---._--__--------___---__.__-...........76, 104, 222, 522, 550 Employment; prohibit discrimination because of age, SB 58 .___._......_----...._...75, 104 Employment Security Law; appropriation of funds, HB 500 .----762, 775, 847, 1176 Employment Security Law; benefits, SB 240 --.........____........_--_------------__766, 840 Equal Pay; male and female, HB 657 ------------------------763, 772, 846, 1278, 1598 Estates, Administration of; wills may be attested before officers
administering oaths, SB 16 ------------------.----...__--....._._.--.------...13, 33 Estates; executors and administrators of, SB 184 ....--.----------------------350, 405 Estates; fiduciaries and beneficiaries, HB 208 --_._.----.__ 345, 352, 407, 519, 1590 Executions, Satisfaction of; procedures, SB 6 ----.11, 31, 171, 180, 205, 1636, 1666 Executors & Administrators; satisfy bequests and transfers, HB 35 ......73, 80, 108 Explosive Device; unlawful to make false report, SB 36 --....... 42, 50, 113, 129, 181 Explosives; certain requirements for transporting, HB 342 ..----------764, 771, 846
F
Fairburn, City of; extend corporate limits, HB 107 .----------94, 101, 127, 412, 420 Fambrough, Jack W.; compensate, HR 51 -_----------._------.264, 273, 304, 852, 1120 Family Planning Services; provide for, HB 551 ....----------553, 561, 641, 850, 1537 Fannin County; superior court terms, SB 17 ------------.13, 33, 40, 58, 67, 155, 483 Fannin County Agriculture Association; compensate,
HR 27 ......----...----..----------.---------._----__.__ 264, 273, 304, 852, 1117 Farm and Forest Land; uniform method of assessment,
SR 15 ............... ...... ........------ ....... ............ 39, 47, 89, 139, 181 Farmington, Town of; election of mayor and council,
HB 291 .........--......--........__._--...................._.-.........--........229, 235, 279, 415, 427 Federal Funds; administer pursuant to terms of grant,
HR 282 .--.......----------..--------......_------.................555, 561, 1177, 1512, 1661 Federal Income Tax; state retain 10% of total net federal income,
SR 13 ----------.-----...------.------_------..----..--__..------ 34, 41, 48 Fees and Taxes on Insurance Companies; create study committee, SR 107 ........1163 Felons; rewards for arrest, HB 50 _._--_--_--------__--------__ 72, 81, 108, 1249, 1585 Felony Cases; fee of superior court clerk, HB 97 ....--............73, 84, 111, 1249, 1587 Fertilizer Act of 1960; renewals of registration,
HB 326 _--..--_--._--.-----..--------_.----------------. 314, 318, 357, 579, 1276 Fiduciaries and Beneficiaries; tax on estates or trusts,
HB 208 ...-.--...............----.....--............................ 345, 352, 407, 519, 1590

1688

INDEX

Firemen; increase pensions, HB 51 ........__----------.____------387, 393, 1215, 1313, 1585

Firemen; maximum hours of work, SB 10 _..------__--.,_------_________.__12, 32, 851, 1113

First Calvary Division; monument, HR 167 ----____-,,----.601, 630, 699, 1176, 1581

Fiscal Affairs Sub-Committee; create, SB 183 _______._-316, 356, 465, 469, 483, 1308,

1469, 1667

Fishing; rights to fish in navigable streams, HB 524 ________--_------__761, 776, 847

Fishing Licenses; increase fees, HB 3 .----_._____._..----_.___.------..-61, 64, 87, 411, 434

Fitzgerald, City of; amend charter, HB 67 _-------_____--_----..70, 82, 109, 412, 417

Flashing Blue Lights; regulate use on motor vehicles,

HB 495 _.-__--____-,,--____..----_--___-.___..---____----610, 619, 691, 1177, 1536

Flowers, L. H.; compensate, HR 41 _____-----___----_------___..__264, 273, 304, 852, 1118

Floyd County; board of education, annual audit,

HB 512 -____._--------..__.------.----_..----___.__._..--------_.__----491, 505, 568, 644, 748

Floyd County; city court solicitor's salary, HB 644 -.----.--609, 625, 696, 786, 877

Floyd County; commissioner's annual audit, HB 511 .------.491, 505, 568, 644, 747

Floyd County; commissioner's budget, HB 515 ---_--------_491, 506, 568, 644, 748

Floyd County; comptroller's salary, HB 514 -_____----.----..-491, 505, 568, 644, 748

Floyd County; construct roads, streets, with cost to property

owners, HR 247 -_-----_-__--_-.--.-----__-.--_489, 512, 574, 645, 1035

Floyd County; hospital authority, audit, HB 513 ----___-491, 505, 568, 785, 883, 1275

Floyd County; state library furnish certain law books,

HR 121 -..._......_..,,--.,,.--..---_---._.-.--- --289, 298, 328, 645, 754

Floyd County; water, sewerage and fire protection districts,

HR 246

...__.---__,,__.---__-_-----.-------------490, 512, 573, 645, 1033

Fluoridation of Water Supply; municipality make determination,

SB 47 ........ ............................... 57, 66, 850

Fluoridation of water supply; create study committee, SR 30 ----______100, 126, 1657

Folkston, City of; stabilize property tax, HR 91 --_______------___,,_----____158, 167, 197

Folkston, City of; council posts, HB 160 ________._----_____._-156, 164, 194, 324, 412, 422

Food Act; regulate manufacture, sale and delivery,

HB 325 ..__.....____.__.._...______.__-.--_--------_--------_------346, 353, 408, 787, 1539

Forest and Farm Land; uniform method of assessment,

SR 15 ..................... .............. 39, 47, 89, 139, 181

Forsyth County; certain officials' salaries, HB 280 __--_______-228, 234, 278, 644, 726

Forsyth County; commissioner's expense allowance,

HB 281 _-_-__.__---.______--.___.___--.-_____.-_-_______-_.-._____.228, 234, 279, 644, 726

Fort Valley, City of; certain officials' salaries,

HB 412 _.............-..._.-.... 383, 396, 458, 517, 735

Fortson, Honorable Ben W.; express appreciation to, SR 97 __--_--------------1625

Franklin County; convey property to Garner D. Crump,

HR 150 -----_------_------.--__---_------------.-----386, 402, 463, 788, 1620

Franklin County; sheriff's salary, HB 22 ____.----________------___.--69, 80, 108, 308, 362

Fraternal Order of Eagles; commend, SR 109._------------------------.,,._...________...1625

Fulton County; appointment of deputy ordinary,

SB 194 __-___.----.,,--__-__-_.-...-__-_-----------------393, 455, 576, 707, 826

Fulton County; create mental health study committee, SR 41 .----______._..___._ 189, 219

Fulton County; create office of justice of the peace emeritus,

SB 181

..... ..........-.._..-...----.--_-........--..... 316, 356

Fulton County; create office of justice of peace emeritus, HB 162 ________ 286, 294

Fulton County; group insurance for employees, HB 95 -----___-.________..--___------_____.___-_72, 84, 111, 706, 720, 885, 1157, 1459, 1502

Fulton County; interest on taxes, SB 234 _________.----__..------____------_____._._ 617, 639, 784, 1063, 1152, 1533, 1632, 1667

Fulton County Judge Emeritus; office space and secretary, HB 637 -----_-_--__.___....--.___..-----_,,_._-.--______--.----609, 624, 695, 1312, 1339

INDEX

1689

Fulton County; judges superior court emeritus,

HB 709 __._-,,__,,,,_,,,,-_,,,,--..-----,,,,- 756, 829, 836, 1167, 1312, 1341

Fulton County; lease certain property to Sonoco Products,

SR 61 ____......__-...-..__-......__..-..-__.....___..._____-._499, 562, 1176, 1215, 1238, 1636, 1666

Fulton County; recreational activities in certain cities,

HR 60 _

__._.__...--- .74, 85, 112, 170, 248

Fulton County; regulate business in unincorporated areas,

HR 58 ____________ 74, 85, 112, 170, 244

Fulton County; sanitary land fills, unincorporated areas,

HR 59 .._._-.......___......______...__-.....____-...._.......__..-.__-_...__.__.......-74, 85, 112, 170, 246

Fulton County; tax payments, SB 218 .._._.......__._...,,,..__......_.._,,...._._.....__,,..___ 556, 637

Fulton County; teachers' and employees' retirement,

HB 339 ,,_,,... ,,....,,_....... .... ,,,,-..._.,, 263, 272, 303, 1310, 1321

Fulton County; teachers' and employees' retirement, HB 340 .....___-....263, 272, 303

Fulton County; teachers' and employees' retirement,

HB 341 __......_.__........__-....____..-....__._.._.....__.._____.__-...._._....__..263, 272, 303, 1312, 1337

Fulton County; transfer of certain real property, HR 348 ....1228, 1231, 1245, 1582

Funeral Establishments; licensing of, SB 77 ___.___.98, 124, 282, 444, 483, 1305, 1665

Funeral Service Contracts; provide for pre-need,

SB 78 _._____.____....__........_.__....._______.._.._______._____98, 125, 282, 444, 483, 1294, 1476, 1665

Gaddis, M. J.; compensate, HR 95 ...--.-..__. 313, 320, 359, 851, 1128

Gainesville, City of; city employees retirement,

HB 648 ..._._.............__._._...._._........___.....___.....___..-...-____...-_.609, 626, 696, 1175, 1204

Gambling Devices; no depreciation for income tax,

HB 96 .._._._......____......_..-.....___-......___,,.....___-...._.._....._........___. 159, 163, 193, 643, 1587

Gambling Device Tax Stamp; wagering occupational tax stamp,

SB 1 .__..____.........._...10, 30, 47, 89, 92, 142, 181, 1309, 1450, 1486, 1493, 1499, 1665

Game and Fish Commission, State; appoint deputy wildlife rangers,

HB 369 ___..._______.____.___._.._.___345, 353, 408, 787, 1530, 1600, 1601, 1632, 1634, 1663

Game and Fish Commission; appropriations,

HB 664 __.___________..__.__._.______-__.._______.__..____.____.____________.614, 635, 704, 851, 1298, 1598

Game and Fish Commission, State; increase license fees,

HB 3 _,,.._......___.___.-......._._-...____._......61, 64, 87, 411, 434

Game and Fish Commission, State; purchase uniforms,

HB 530 _.__........_.._....._._.........._.__.......__.......______._....____....1229, 1230, 1244, 1313, 1537

Game and Fish Commission, State; stock lakes located in

state parks, SR 62 ........_.._...._

499, 563, 787, 1084, 1152

Garden City; mayor and councilmen, powers,

HB 489 _.___..........___._.-..____._.......-._......._..___.......___._487, 503, 566, 1175, 1202, 1275

Garrett, Easter Faye; compensate, HR 231 ...._..__._......__.__ 601, 631, 700, 852, 1143

Garrison, W. B., and Whittle, W. L.; compensate,

HR 79 _.___._....___._.__......_.___..........__.___..______.........,,__.._...,,._.._.__.. 313, 320, 359, 852, 1125

General Assembly; amend constitution to change meeting

provisions, SR 46 ...... ..,,..--...... ._........____ 231, 278

General Assembly Members; compensation,

HB 478 ............,,_......_.........._. 597, 598, 641, 1309, 1465, 1661

General Assembly Members; pension system,

SB 59 ----.-_.---....--...............__-....... ......_.76, 104, 222, 521, 549

General Assembly; provide four year terms, SR 81 ____..__.618, 690, 1104, 1177, 1238

General Obligation Bonds; hearings, HB 388 ._______._....450, 453, 515, 853, 1531, 1660

Geneva, Town of; new charter, HB 713 ._._.....__.._.. 757, 769, 842, 1174, 1195

Geone, Ernest; release from fi fas, HR 9

....

_ 159, 166, 196, 410, 1253

1690

INDEX

George, Walter Franklin; memorial, SR 55 .--...._. 293, 360, 669, 826, 1307, 1666

Georgia Administrative Procedure Act; amend,

HB 642 ....-.----_._._.____762, 776, 848, 1310, 1594

Georgia Air National Guard; commend, HR 83 -......._..-_._.-___..-.__._._.________.__ .....61, 62

Georgia Art Commission; purpose, members; HB 671 ..............832, 836, 1167, 1595

Georgia Biologicals Permit Act; create HB 560................764, 771, 846, 1172, 1593

Georgia Bureau of Investigation; additional powers and duties,

SB 24 ....,,,, ..... _-...,,

36, 44, 113

Georgia Congressional Delegation; urge to oppose federalization

of unemployment insurance, SR 54 .... _

_ _.____._..________________....._____._._________.380

Georgia Day; urge citizens to observe, SR 82 -_---______________..____________________.._.._.____.__._..672

Georgia Department of Public Safety; submission of certain

information, SB 25 ....... 36, 45, 223, 253, 284, 1241, 1266, 1301, 1494, 1664, 1665

Georgia Educational Improvement Council; additional members,

SB 11 ......-..-.-.,,.-----_.---.. 12, 32, 89, 90, 199, 223, 1305, 1666

Georgia-Georgia Tech Football Game; request to televise, SR 20 ____________56, 67, 74

Georgia Health Code; appellate procedure by persons adversely

affected, SB 74 ______.,,.._._._._...,,_.____..____________________,,_ ______.___..._._._..___________.78, 106, 409

Georgia Health Code; home care for chronically ill and aged,

SB 41 ............,,_________-_-.._.-...-----_-_---43, 51, 409, 650, 826, 1274, 1282, 1665

Georgia High School Association and S. F. Burke; commend, HR 180 _______ 266, 1161

Georgia Higher Education Assistance Corporation; budget unit,

SB 145 ______....

. ... .---267, 299, 519, 660, 826, 1306, 1666

Georgia Higher Education Assistance Corporation; budget unit,

SB 146 ............ __----...-_-..._------___-__..__._._._ 267, 299

Georgia Insurance Code; amend, define controlled business of a

person, SB 82 .........

________________________________ 99, 125, 466

Georgia Insurance Code; non-profit medical service corporations,

SB 101 _.______________.__...._.....__........___.________,,_______.._____________.__________ ____160, 184, 191, 578

Georgia Military College; land conveyance,

HR 158 _______....___,,_.,,.....,,.........._.,,__,,__..._._._,,,,____________ _______._.___.347, 408, 1176, 1233

Georgia Municipal Association; social security,

HB 443

......................

553, 560, 640, 1176, 1541

Georgia Pharmaceutical Association; commend, SR 84 ...--__.._....._..___..__...._._.__________766

Georgia Ports Authority; execute assurer agreement with U. S. Corps

of Engineers, SR 70 __._..__________558, 638, 787, 1091, 1152, 1483, 1505, 1551, 1552

Georgia Ports Authority; membership, HB 202 ___________ 392, 405, 465, 788, 1254, 1293

Georgia School Curriculum; include course in Negro History,

SB 241 ------------------.------... .

..... ....

....767, 840

Georgia Society Children American Revolution; commend, HR 360 ..........834, 1161

Georgia State Chamber of Commerce; commend, SR 85 ___-_____-__.._...-..._--............766

Georgia State College; change name, SR 50 --.___...............________________.___.___..... 380

Georgia State College Young Republicans Club; commend, SR 102 _ _.___......_._.._.1161

Georgia State Scholarship Commission; budget unit within

executive branch, SB 144

....

266, 299, 519, 557, 672, 1306, 1667

Georgia Water Quality Control Board; powers,

HB 335 _________._..........._._....____..._..._...._.___._._.._..._.. 347, 353, 408, 578, 1529, 1660

Georgia Water Resources Commission; create, HB 509 ____.____.......765, 778, 849, 1250

Georgia Youth Council; create, HB 98 ._._____.___.._____ ___ ______348, 351, 406, 518, 1588

Gibson, J. M. "Hoot", Bridge; designate, SR 7 .,,_..__ ______....__,,___,,.._.. 33, 89, 91, 119

Gilmer County; commissioners' compensation, HB 61 ___.......70, 81, 109, 1311, 1335

Gilmer County; sheriff's salary, HB 64 ....

_

_.........72, 81, 109, 222, 242

Glascock County; sheriff's salary, HB 518 ____.............._._____...492, 506, 569, 644, 749

Glore, Mr. Clyde; compensate, HR 260 ..__.._________________,, 601, 632, 701, 853, 1147

Glynn County; commissioners' license and regulate business,

HB 588

_................._._._

603, 621, 692, 785, 868

INDEX

1691

Glynn County; election of commissioners, HB 406 _...__._.. ___ 491, 501, 564, 614, 732

Gordon County Development Authority; create,

HR 154 ..___...___________..__... 315, 321, 359, 517, 966

Gordy, Mrs. Anne; commend, SR 100 ...___,,._.-.._.....____..__,,_._.__.______,,_--______1625

Governor's Commission on Efficiency & Economy in

Government; commend, SR 86 .___.__.___.___-_...___.__ 835, 1152, 1637

Governor-Elect; succession to office in event of death,

SR 14 ___,,._.___.._,,__.___-____.__--_-_....-_. 39, 47, 307, 1218, 1238

Governor-Elect; succession to office in event of death, SR 51 --....._.---..--.293, 323

Governor's Mansion; disposal of present mansion,

SR 83 ....--...____-......--_-....-__-......___-....-...__._767, 840, 1176, 1218, 1239, 1636, 1667

Governor's Mansion; disposal of present mansion, HR 262 ___.._____1228, 1231, 1245

Gracewood State School and Hospital; loans and

scholarships, HR 24 _.........._.._......___.......__._....._____......._._._..289, 297, 327, 409, 1613

Grade Crossings; automobile signal device, HB 408 --.....____.--,,_ 451, 453, 515, 1313

Graduate Nurses; registration qualifications, SB 114 .......__...187, 217, 282, 443, 445,

1154, 1666

Grady County; land conveyance, HR 347-------.--1229, 1230, 1244, 1310, 1582

Grand Juries; inspect orphanage, sanitarium,

HB 557 __._.______......_..._....____._....._._..__.....___._....._____....____759, 767, 840, 1213, 1249, 1538

Grandparents; visitation rights, HB 234 ...-_.._....___.......__.......____...._..._._._.314, 318, 357

Grant, L. P. Property; urge State to acquire, HR 277

_ ._.......834, 1161

Grants for Medical Facilities; state make to counties,

SB 73 .-..._...__....._.,,---._.- 78, 106, 409, 654, 672, 1305, 1666

Gray, City of; vacancies, mayor and council,

HB 378 ......___.......___........_........_-.._......-........_.......___......___._...__ 288, 297, 327, 517, 729

Green, Carl; compensate, HR 208 _____________.__.__.______.__._........_._496, 511, 573, 852, 1139

Greenville, City of; corporate limits, SB 99 ............160, 191, 282, 362, 445, 613, 1665

Gregory, Senator I. W.; oath of office ------------ -~,----------_--._6

Griffin, City of; commissioners' salary, HB 40 _.__--._......._..._....__ 70, 81, 108, 412, 416

Guardian for Minor; dispense with when personal property less

than $100, SB 185 ......,,_-.......__-.,,....-,,.....-.-_-.,,...__..-...-_-...-___-.-..-._._ 350, 405, 643

Guyton, City of; mayor and council, HB 428 .___.___..__._.___...._.____388. 398, 459, 577, 737

Gwinnett County; clerk issue criminal warrants

HR 345 .....

____...__._ 1160, 1164, 1232, 1246, 1312, 1442

Gwinnett County; commissioners' salary, HB 721 ______..._.__.759, 772, 845, 1175, 1207

Gwinnett County; manager form of government,

HR 320 __._......._.._..........___......._.__......____.....____......._........___759, 770, 842, 1312, 1390

Gwinnett County; sewerage and fire protection districts,

HR 242 ..__...._............._........._........_............._..__...__........_.......490, 512, 573, 645, 1030

Gwinnett Judicial Circuit; solicitor general's salary,

SB 229 -.-....---._-.- ...,_...._..616, 688, 1178, 1238

H

Habersham County; board of education building funds, HR 80 _._.__._-...._.___......-__._.-...._..__.-.....__._.......-__-....--...............159, 167, 196, 1175, 1352
Habersham County; salaries of judge and solicitor of city court, HB 458 ................___._.._._.__._.... 386, 401, 462, 785, 862
Hall County; appointment of school superintendent, HR 205 __.__._.__._..___.___......__._.._.._.__._......_____...._____...388, 403, 463, 645, 997, 998, 1243
Hall County; board of commissioners, members, HB 770 ....____..._..___._......___......____....--._........-____.....__...-1158, 1167, 1248, 1312, 1346
Hall County; certain officials salary, HB 779 .._-_.....-_.1159, 1164, 1246, 1312, 1348 Hall County; land conveyance, HR 187 ...___......_........-._._.....449, 454, 516, 1176, 1620

1692

INDEX

Hall County; tax collector's salary, HB 780 ........__,,. 1159, 1165, 1246, 1312, 1348 Hamilton, Honorable George B.; express appreciation to, SR 98 ____.__________________.1625

Hancock County Development Authority; create, HR 195 _..........-...._........-_._.........-_.-_._........_____..._.._..._-.-__.........348, 355, 409, 645, 989

Handicapped Drivers; distress signals, HB 319 .__.__............___........__.__450, 453, 1313

Hapeville, City of; detach certain areas,

SB 149 _....._._........_.-...._...-...._..-_.....- 267, 300, 412, 414, 483, 833, 1666 Hapeville, City of; jurisdiction beyond city limits, HB 93 __._________.______.____71, 84, 111

Hapeville, City of; retirement benefits to surviving spouse,

HB 100 ......._...._,,..._......-_. 72, 84, 111, 170, 198 Haralson County; clerical help for tax commissioner,

HB 630 ______...........-_.....-.-____..........-_......._____.._...-_-__..-.-..-..___.608, 624, 695, 786, 875 Haralson County; commissioner's salary, HB 116 ___.___...________-95, 101, 127, 308, 363 Haralson County; sheriff and ordinary, salaries,

HB 183 -...__.........__..._...._.._...__......__...........___.__._......_....__.__......156, 164, 194, 308, 364 Haralson County; treasurer's salary, HB 115 ................... 95, 101, 127, 308, 363

Harris County; deputy sheriff's salaries, HB 573 ....._.___......._.__........__..-........_____......._____.............._........_.-529, 531, 575, 645, 752

Harris County; small claims court, create, HB 763 ______.._._.____.....__._________._._____.._._______.._..____.._._._._._____.831, 838, 1169, 1311, 1345

Harris County; tax commissioner's salary,

HB 574

.

........ ._..._.,,_...__ 529, 531, 575, 645, 753

Harrison, Town of; create new charter, HB 144 .___.____..._....__.95, 102, 128, 412, 421

Hart County; clerk and ordinary, salaries, HB 250 ...............................................................-...................^lO, 217, 240, 308, 365
Hart County; publication of expenditures, HB 249 ..... ............. .___._.._.__.. 210, 217, 249, 308, 364
Hatchett, Otis David; relieve as surety, HR 30 .._.____...._.-.___....._.__.__.....-.._.___........._..._.......-__._-..........__210, 217, 241, 281, 1580

Health Code, Georgia; appellate procedure by persons adversely

affected, SB 74

.__............._..._.._.

78, 106, 409

Health Code, Georgia; home care for chronically ill and aged, SB 41 _._........_.__.......___........_____........___..___...._.43, 51, 409, 650, 826, 1274, 1282, 1665
Health Insurance Plan, State; dental coverage, HB 48 _______.._..__..,,.._._..__...___._..__________.._____;__.__._.._......185, 189, 220, 465, 1560, 1659

Heard County Development Authority; create, HR 265 .............-......-......_.._._-..._...- 611, 632, 701, 1175, 1360

Henry County; appointment of school superintendent, HR 221 ...-...-.......-.......-........--.......-.-......,,..--._-....- 391, 404, 465, 577, 1017

Henry County; board of education, compensation, HB 467 ._.______......________._....__.__.__.______...__..._______......._...._--_....._.386, 402, 463, 577, 744

Henry County; board of education, terms of office, HR 223 ......................... 391, 404, 465, 577, 1022

Henry County Development Authority; create, HR 222 ___.____..____._..._.._._.___.__._.___._._____.____..__.._._.____._...__.....__..391, 404, 465, 577, 1019

Herndon, T. R.; compensate, HR 47 _._.___-_.....____.._....._-....._.____.._._...____-___.._~_-_.__........_-..264, 273, 304, 852, 1118

Higgston, Town of; corporate limits, HB 188 ........

..................... 208, 215, 239, 413, 424

Higher Education Assistance, Georgia; budget unit, SB 146 ._._.........-.__......._.__.........-_....._._.-._..........-___..._........-._.........__............-_.267, 299

Higher Education Assistance, Georgia; budget unit,

SB 145 ..............

..... 267, 299, 519, 660, 826, 1306, 1666

Highway Board, State; filling of vacancies, SB 132 .................. 213, 237

INDEX

1693

Highway Department, State; accept Federal monies,

SB 57 ._.._________.......-_.__.. ......._.-------------------------75, 103, 518, 584, 652, 826

Highway Department, State; acquisition of rights-of-way,

SB 227 _----------------------.---_-....---.._.-.---------..--------------- 615, 688

Highway Department, State; commend, SR 56 .--------------------------------380

Highway Department, State; employee subsistence allowance,

HB 127 ...._----..............-.......------......----.......------- 211, 214, 238, 518, 1589

Highway Department Laboratory Building; rentals,

HB 198 -----___.....----_-_.....------.---------.---------- 289, 294, 324, 705, 1590

Highway Department, State; merit system coverage for

certain employees, SB 133 -_----------.------------ 213, 237, 307, 483, 550, 1666

Highway Department, State; mileage allowance for employees,

SB 96 ------_...._.----___..............------------------------.....-----.......123, 169, 1177

Highway Improvement; expedite, SR 37 ----..----------_----------..----------------186

Highways, State; relocation expenses,

HB 105 ....-.........--.------...._...---------...._-- ___346, 351, 406, 518, 1511, 1659

Highways, State; traffic control devices,

HB 197 ____---_-._.....-._---_-_-._.-..........._..._..---313, 317, 357, 518, 1505, 1659

Home Rule for Counties; powers,

HR 299 ..__._.-----.-...-.--------.....----_.---------.---------766, 770, 1250, 1572

Homestead Exemption; increase, SR 115 ..--_.--___._--.._--..------------------------1243

Homestead Exemption; increase for disabled persons on fixed

income, SR 12 ........_

.--

-------------------.30, 40, 307, 547

Honesty Code for Public Officials, SR 23 ---------------------- -- ----64, 87

Honesty in Government; propose commission; SR 22 -----------------------64, 87

Honorary Drivers' Licenses; members of National Guard,

HB 138 --_........-..------------_...-.----------.----------. 679, 680, 778, 849, 1589

Honeybee Colonies; inspection by Department of Agriculture,

SB 93 -------------------- ------.----------------123, 169, 306, 579, 672, 1306, 1665

Horen, Mrs. Jacquelyn S.; compensate,

HR 212 ---------------.....-- 226, 232, 277, 1310, 1336

Hospital Authorities; revenues, HB 579 ----...--.----_----------------610, 619, 691

Hospital Authorities; salaries of members, SB 224 _------------------------615, 687

Hospital Authority, State; increase amount of bonds,

HB 251 .--------------..--------------.----....------ - 449, 453, 515, 1177, 1592

Hospitals and Institutions; release information for research,

HB 220 ...--........ ...............--

314, 318, 357, 850, 1507, 1661

Hotel Keepers on Beaches; keep lifeboats, SB 190 .._.----------.----...392, 455, 706

Hotel Keepers on Beaches; keep lifeboats,

HB 558 ----___.._-----------------------------------------.679, 681, 779, 780, 851, 1538

Hourly Wage, Minimum; penalty for failure to pay,

SB 172 ------------....---------_------------................ .------ ...292, 310, 323, 520

Houston County; commissioners, SB 110 ----------162, 192, 222, 241, 284, 555, 1666

Houston County; coroner's salary, SB 91 ------------------....------------....122, 168

Houston County; coroner's salary,

HB 593 ----------------------.----604, 621, 692, 785, 869

Hunting Licenses; increase fees, HB 3 .....----------------.--------..61, 64, 87, 411, 434

Hyde, A. L. and Harold; compensate,

HR 259

----_.-----_----------------_---------- ....601, 631, 701, 853, 1146

I

Immunity from Civil Liability; persons aiding law enforcement

officers, HB 601 ....._......-------- ...----......--------.761, 776, 847, 1299

Immunity from Criminal Liability; persons aiding law enforcement

officers, HB 602

-,,,,------------__..761, 777, 848

1G94

INDEX

Income Tax, Federal; state retain 10% of total net federal income,

SR 13 __..-...--_.._.--,,-.............-.-._..__._...___........--_..-........-........_____....... 34, 41, 48

Income Tax, State; deductions for service-connected disabilities,

SB 154 .____-.-.--..-......._....._.--_____-_..-...........--.-._..,,_-. 348, 351, 406, 788, 1467

Income Tax, State; enlisted military personnel,

HB 469 ,......................._... ................... 450, 454, 515, 578, 1542

Income Tax, State; handicapped student exempt,

HB 346 ............................... 554, 560, 640, 1249, 1273, 1598

Income Tax, State; student exemption,

HB 47 ................._._...._.................. 185, 189, 220, 465, 1560, 1659

Income Tax, State; suspend for certain persons serving in Viet Nam,

HR 128

.....................____.____.289, 298, 328, 788, 1620

Industry and Trade, State Department of; promote tourism,

SR 27 ................... 79, 107, 307, 795, 826, 1464, 1666

Industry and Trade, State Department of; publicize advantages of

state, SB 210 ..._._._................................_.._.. ....-.-...-..498, 562, 851, 1099, 1238

Insurance; insurance commissioner authorize sales,

HB 647 .................. ..................................... .763, 771, 846, 1249, 1594

Insurance Capital; minimum securities required,

HB 206 .........................._...----.___.______..__....-..-..._-..._ 614, 635, 703, 853, 1277

Insurance Code, Georgia; amend, define controlled business

of a person, SB 82 ..__...........-,,. .................-........__...._.. 99, 125, 466

Insurance Code, Georgia; non-profit medical service corporations,

SB 101 .......... ...... .-..........-,,.........-...-......--.-.-.---.--....._. 160, 184, 191, 578

Insurance Companies; fees and taxes, create study committee,

SR 107

............... _--......._...__...._......... .....1163

Insurance Companies; fees and taxes imposed, SB 22 .._-_.._.._._____._._....____... 36, 44

Insurance Licenses; certain exemptions, HB 14 ...____._._.........185, 219, 853, 1488, 1659

Insurance Licenses; certain exemptions,

HB 15 ....-..- ........ ..............-.-.--..-.-...............-..--.......185, 189, 220, 853, 1582

Insurance Policies; notices of cancellation, SB 37 ... ........_.. ......... _......... 43, 50

Insurance, Property; inspection of property insured against fire,

SB 34 ..................._.._......_...,,...............__.-._._.............-._._,,.._......_ 38, 46, 113, 204, 223

Insurance, Reciprocal; self insured employers under workmen's

compensation, SB 125 ..................-- .....................--.................... 212, 236

Insurrection; punishment for, SB 169 _._...._._.._....__._...... .292, 323, 555, 1149, 1238

Intangible Property Tax; no report if amount due is less than

$5.00, HB 284

..._....._._.___._______.....___...._...__ 345, 353, 407

Intangible Property Tax; no report if less than $5.00,

SB 152 .-..........._..,-........_......___.___...._....._._.......................268, 300

Interstate Compact on Mental Health; Georgia be a party to,

SB 164 ...........__.__._.._...........___.___....................__..._._....._..._291, 322, 411, 472, 550

Investigation, Georgia Bureau of; additional powers and duties,

SB 24 ..................................................................________._______.____...________.. 36, 44, 113

Irwin County; commissioners' salary, HB 605 .......----.....___.__605, 623, 694, 785, 871

Irwin County; consolidate tax receiver and collector's office,

HB 782 .......... ............_...............__..._................. 1159, 1165, 1246, 1311, 1349

Irwin County; sheriff's salary, HB 606 __.______.._..........__..___._605, 623, 694, 785, 871

J
Jackson, City of; annexation of 5th ward, HB 615 ............_............_.........._............ 606, 628, 698, 786, 873
Jackson County; commissioners' salaries, SB 206 ..... ...................._........._._._....__._._.555, 636, 1173, 1179, 1238, 1461, 1667

INDEX

1695

Jackson County; sheriff's salary,

SB 202 ............. .............-._-_.....-_-.-.. 555, 636, 1173, 1179, 1238, 1478, 1479, 1666

Jarvis, J. A.; compensate, HE 96 _.............._-.-........__._.....-- 313, 320, 359, 851, 1473

Jasper County; sheriff's salary, HB 182 ....._._........_...........____....156, 164, 194, 412, 423

Jasper County; treasurer's salary, HB 643 _..........._........_...__...608, 625, 695, 786, 877

Jasper Industrial Development Authority; create,

SR 79 ....._._._....._.........._._.___...._._..______..___-___- 618, 689, 784, 894, 1238, 1463, 1667

Jefferson, City of; annexation and referendum,

HB 766 ......._..._........._.__.._......._.__...... ............... 1160, 1231, 1244, 1310, 1332, 1661

Jefferson County; coroner's salary, HB 434 ......------------389, 398, 460, 517, 738

Jefferson County; treasurer's salary, HB 435 ........__.._._._.......389, 399, 460, 517, 738

Jenkins, Mrs. Harry 0.; commend, SR 89 ...-.--------------------------------835

Jenkins County; convey land for fish hatchery,

HR 285

....------..-----...---- ----------613, 634, 702, 1250, 1582

Jenkins County; sheriff's salary,

HB 184 .............._........._...__...............____._....._._----.....__...__..___.. 157, 165, 194, 413, 423

Jesup, City of; change name of city court,

HB 639 ............................................................._______._..__-.__- 608, 625, 695, 786, 876

Jesup, City of; city manager and recorder's salaries,

HB 640 .---------.._.... --- ---------------__-.- -.------608, 625, 695, 786, 876

Jesup, City of; corporate limits,

HB 738 .- -- ----._.....- ..-.._._-----------.._..---- ----761, 773, 844, 1175, 1195

Joint Session; hear Senators Russell and Talmadge, HR 16 ------._----.----. 40, 41

Joint Session; message from Governor, HR 5 --------------------.----------8, 9

Judge Emeritus Superior Court; limitation on funds,

HB 123 -----.__.._-_...------.._...---- ----.---.---__._---_.---------------1229, 1230, 1244

Judge Emeritus Superior Courts; serve any judicial circuit,

HB 290 ----...._------------....-----------.-------------552, 559, 639, 1249, 1319, 1596

Judge Superior Court, Senior; appoint jury clerk,

SB 157 ----------------------------269, 301, 547, 576, 718, 826, 1308, 1555, 1666

Judge Emeritus, Superior Court; serve in any judicial circuit,

SB 113------.------------------.-.-------.----------------------162, 193,1092

Judges Emeritus, Superior Court; serve in any judicial circuit, SB 128--212, 236

Juror; serve other courts, HB 167...,,_..____....................__.__.__..._. ......552, 558, 639, 1178

Jurors; change maximum number of names drawn,

SB 115 _____....................___............_...___..._........... 187, 218, 281, 374, 445, 1637, 1667

Jurors and Court Bailiffs; salary, SB 126--...212, 236, 281, 474, 550, 1306, 1666

Jury Duty; exempt certain persons, SB 2 .........10, 30, 171, 205, 1307, 1448, 1665

Jury Trials; judge impose sentence, SB 40-------_------.........43, 51, 466, 534, 598

Justice of the Peace; jurisdiction in civil cases, SR 78 .------.--------..617, 689

K

Kea, Deputy Sheriff Dessie; compensate, HR 189....--...... 600, 630, 669, 852, 1138 Keith, J. W.; compensate, HR 251 -..--------------------601, 631, 700, 852, 1145 Kennedy, Honorable Paul; commend, SR 35.___.-------- -- ------------_.--.--------97 Kennesaw, City of; mayor and council salaries,
HB 347............---.--------------------_ 286, 295, 325, 577, 785, 788, 1156 Kirk, Honorable G. M.; commend, SR 88.--.--___.------------------835, 1152, 1637 Knight, Mrs. Marjorie K.; compensate, HR 12....--....-.---312, 319, 358, 851, 1115 Kurtz, Mr. Wilbur G., Sr.; compensate, HR 323------------1229, 1230, 1244, 1314

L

Labor, Department of; supplemental appropriations, HB 500--762, 775, 847, 1176 Lamar County; term of superior court, HB 586------------603, 621, 692, 785, 867

16S6

INDEX

Lanier County; sheriff's salary, HB 517_..._......_.----_--------..492, 506, 568, 644, 749 Larceny; punishment, certain value of goods,
HB 464 ...............------_--------.......----------. 764, 777, 849, 1249, 1542 Larceny of Motor Vehicles; punishment for second conviction, SB 81 __________ 98, 125 Law, Practice of; change educational requirements,
SB 51-_--__..-..----..--..--_-_----___--_._.--.-..-__--------........63, 86, 171, 182, 206,456 Law, Practice of; educational requirements,
HB 200-_____.._. 209, 215, 239, 281, 283, 410, 475, 834, 835, 1096, 1107, 1108, 1149 Law Revision Committee; create, HB 17 __..___.._..__......_.._. 121, 124, 170, 410, 1583 Law Department, State; appointment of assistant attorneys-
general, SB 70 ----.......--...----__--------..--------. ..........____.._______..__._.__.___78, 106 Law Department, State; employment and dismissal of
employees, HB 149 ............_..___..____...__...._...__ _..._.__.121, 124, 170, 466, 1226, 1293 Law Enforcement Officers; submission of certain information,
SB 25 __._,, ._._.__.. 36, 45, 223, 253, 284, 1241, 1266, 1301, 1494, 1664, 1665 Lawrenceville, City of; corporate limits, HB 696 _._._.__....678, 686, 783, 1174, 1192 Lawrenceville, City of; prohibit public billiard rooms,
HB 697 ..__.... _..._........_..,,._..___________.._-_.____.____,,.___......___.__.678, 686, 783, 1174, 1192 Lee County; sheriff's salary, HB 20----.---------....._ 61, 65, 87, 412, 416, 1312 Lee County; superior court term, HB 21____________________________________61, 65, 88, 113, 118 Lee, J. Prank; compensate, HR 55..__.._.--_______-_.............._____ 264, 273, 304, 852, 1121 Legislation Proposed; cost to be made known to counties,
SR 57----___......--.-._------.-----._..._........----------..-.............__---393, 456, 642, 1100 Legislative Counsel; express appreciation to, SR 99 .__----__--------______----------1625 Liberty County; sale of alcoholic beverages on premises,
HB 712 __________.______.._..._.._........_______.__..______.._...__.._.____757, 769, 842, 1310, 1333, 1596 License Plates Motor Vehicle; special issuance, SB 12 ______.--------_______--__--_ 12, 32 License Tags, Automobile; issue to certain disabled veterans,
SB 119 .._...._..._----..--.____._______--_------._______._--------...187, 218, 361, 440, 483 Lifeboats; hotel keepers on beaches to provide, SB 190----------------_ 392, 455, 706 Lifeboats; hotel keepers on beaches to provide,
HB 558 ----------.....------------.____--------_..........679, 681, 779, 780, 851, 1538 Limited-Access Highways; advance requisition of rights-of-way,
SB 228...------_------__..____..----._----_..............------__..._____----__......_.______ 616, 688 Lincoln County; ordinary serve as clerk, board of
commissioners, HB 627.------ ..._..----------------._.__. 608, 623, 694, 786, 874 Livestock Auction; custodial bank account,
HB 327 ________---------------------- -.----_..__...._..___ 314, 318, 357, 787, 1540 Local Affairs; create office of, SB 116-.-.-..........______....-.....----__--__.-......_187, 218 Lockheed Corporation; commend, SR 17--_----______________._,,--_.._______------_.__._ 56, 67, 74 Loose Material; protective measures, SB 112.----_...._...._...__..__..........._--_____162, 192 Lottery Tickets; unlawful to possess, HB 53...----210, 214, 238, 1249, 1489, 1631 Louisville, City of; voter registration, HB 269------........_._.227, 233, 278, 413, 418 Lowndes County; sheriff's salary, HB 328____...__..----__----..263, 271, 303, 413, 430 Loyalty Oath, State; amend, SB 9----------..--........------___._--...12, 31, 89, 90, 119 Lumber City; hours polls remain open, HB 710___._._._...__757, 769, 841, 1174, 1194 Lumpkin County; appointment of school superintendent,
SR 67 ___----------.-......------------_.-..-.....557, 638, 784, 892, 1238, 1462, 1666 Lumpkin County; sheriff's salary, HB 414_._.._----____.____.......383, 397, 459, 644, 736 Luthersville, Town of; corporate limits, HB 528 _________..492, 507, 569, 644, 749
M
Macon-Bibb City Court; change name, HB 502..----____________488, 504, 567, 644, 746 Macon, City of; condemn property for streets,
HB 256 _.__......_._.........__............._.__.__..__------_____._.........___...210, 217, 241, 282, 365

INDEX

1697

Macon County; create small claims court; HB 312.----------262, 271, 302, 413, 429 Macon County; ordinary's salary, HB 266------------------227, 233, 277, 413, 418 Macon County; tax receiver's salary, HB 267.----.---~.227, 233, 277, 413, 418 Madison County; board of commissioners, HB 472--------------------486, 501, 565 Madison County; tax commissioner's salary, HB 425----------------385, 398, 459 Marchialette, Warren; compensate, HR 169---------------495, 510, 572, 852, 1131
Marietta, City of; corporate limits, HB 525 ------....-492, 506, 569, 785, 789, 1156, 1213, 1243, 1252, 1253, 1598
Marietta, City of; indebtedness for school purposes, HR 220 ---- .------ -.--.--------_._.---------------- 391, 404, 464, 577, 1015
Marked Cars; state patrol vehicles, marking and equipment, HB 126 --------____--.----...------_----------.......- 121, 124, 170, 308, 1469, 1663
Martin, A. J.; relieve as surety, HR 31 ..------------.------210, 217, 241, 281, 1580 Martin, Mrs. Helen; compensate, HR 94 ----------------.496, 509, 571, 852, 1127 Materialmen's and Mechanics Liens; discharge of, SB 205------------497, 562, 643 Maysville, City of; election of mayor and aldermen,
SB 196 ------..--------------,,-------- 451, 513, 576, 707, 826, 1478, 1482, 1667 McCullar, Mrs. Bernice; commend, SR 42 --------------------------229, 284, 315 McDuffie County; deputies expense allowance, HB 589 .... 604, 621, 692, 785, 868 Mclntosh County; certain officials salaries, HB 407 --------383, 396, 458, 785, 862 McGraw, Gordon J., Jr.; compensate, HR 11---------- 264, 272, 304, 852, 1114 Mechanics and Materialmen's Liens; discharge of, SB 205----------.--497, 562, 643 Medical Facilities, Grants for; state make to counties,
etc., SB 73 -------------------------------- ... 78, 106, 409, 654, 672, 1305, 1666 Medical License; proof of intern training, HB 233 ----------------.314, 318, 357, 1591 Medicines, Drugs, Poisons; dispense under certain conditions,
SB 158 ----.--------_-------------------- 269, 301, 360, 666, 826, 1464, 1667 Memorial Day, National; public and legal holiday, SB 155-------------- 268, 300 Mental Health; autonomous division, create, SB 21......--------36, 44, 198, 431, 482 Mental Health, Interstate Compact on; Georgia to be a party to,
SB 164 ----_...------------...--------------------------291, 322, 411, 472, 550 Mentally Retarded, Day Care Centers for; standards required,
SB 92 ......------------........------__. 122, 169, 198, 206, 241, 249, 259, 1306, 1665 Mercer, Honorable Johnny; express appreciation to, HR 361--______----------834, 1162 Meriwether County; certain officials' salary, HB 195-.----157, 166, 195, 413, 424 Meriwether County; deposit of county funds, HB 196------158, 166, 195, 413, 425 Metropolitan Area Water Control Commission; create,
HR 297 ---------_-------_--..-------.----_-766, 770, 1250, 1556, 1600, 1602 Milk Program for Children, Special; federal appropriations, SR 76--------------834 Milledgeville, City of; date city taxes due,
SB 217--------------------------------556, 637, 784, 1062, 1151, 1462, 1667 Milledgeville, City of; election date,
SB 216 ..--------------------------------.....556, 637, 784, 1062, 1151, 1461, 1667 Miller County; commissioner's compensation, HB 274------227, 233, 278, 413, 419 Miller County; commissioners' salaries, HB 594......... .....604, 621, 693, 876, 1174 Miller County; sheriff's salary,
SB 237----------------------------680, 778, 1063, 1152, 1173, 1274, 1295, 1667 Miller County; sheriff's salary, HB 186..-.------------------------157, 195, 413, 424 Miller County; small claims court, create, HB 185------.----157, 165, 195, 576, 725 Millings, R. L.; compensate, HR 125-...--________________--________ .496, 509, 571, 852, 1129 Milner, Town of; mayor and councilmen, terms of office,
HB 587 ..._--------------------------------.----------603, 621, 692, 1174, 1187 Minimum Foundation Program of Education; minimum sum needed
by local unit, SB 109.----------------------------.............162, 192, 221, 479, 550 Minimum Wage Law; establish minimum wage,
SB 165 ------....... -- ..... .-.-- _------ 387, 394, 456, 1249, 1468

1698

INDEX

Mink, Captain E. D.; commend, SR 94 ........._..__._..___..__------ ........ _..............___.... 835

Minor, Guardian for; dispense with when personal property

less than $100, SB 185 ......._..___.....________.................._......._..._.....,,...._.____. 350, 405, 643

Minors; parents liable for property damage, HB 32 ... 62, 65, 88, 466, 1487, 1658

Mitchell County; sheriff's salary, HB 466 ...___._._....._......__... 386, 402, 462, 577, 744

Mitchell County; terms of superior court, HB 465.................386, 401, 462, 577, 744

Monroe, City of; convey certain property, HR 267..--------------.----- 634, 669, 703

Monroe, City of; election of mayor and council,

HB 230 _.._..__.....--.----.--_..--.-----------------...------------.209, 216, 240, 413, 425

Monroe County; sheriff's salary, HB 570 ..................528, 531, 574, 1173, 1181, 1275

Monroe County Development Authority; create,

HR 263 ............------------.----------.._--_._....-_.-.__ .611, 632, 701, 1176, 1355

Montgomery County; sheriff's salary, HB 349....................... 287, 295, 325, 413, 430

Montgomery County Development Authority; create,

HR 186 -- ................................................ 391, 402, 463, 577, 974

Moore, Honorable Albert F.; commend, SR 18.--------------___.--------------56

Morgan, Marie and Wilkins, Bertha; compensate,

HR 170.----------...___._._--.__--_._.-----.--------------------495, 510, 572, 852, 1132

Morgan County; certain official's salary, HB 726....... .829, 836, 1168, 1311, 1341

Morgan County; members, board of education, HR 76 ...........97, 103, 129, 413, 921

Morris, Reverend E. Stanley; commend, SR 116.----------___----------------1243

Mortgage Loans; not exceed 80%, HB 226 .___--------.-- 346, 352, 407, 519, 1591

Mortgages and Deeds; powers exercised, HB 28--_______.......__.___........... 62, 65, 855

Motor Fuel Tax; exempt certain watercraft, HB 55--.........72, 81, 108, 308, 1586

Motor Fuel Tax; fuel and kerosene, HB 302 ...........553, 559, 639, 1176, 1524, 1659

Motor Vehicle Certificate of Title Act; repeal certain

provisions, SB 232 .--_.________-_----___.----------------.............................._ 616, 688

Motor Vehicle Identification; create national study

committee, SR 71-- ---------------...__.----------------..............558, 638, 705, 1295

Motor Vehicle Identifying Standards; create committee,

SR 72 .-.---_____.._.--_.__-__------------_--_.___.----._----------558, 638, 1627

Motor Vehicle Inspection Law; create committee to study,

SR 40

.___--_---._-__-_._________. _________ _________ 188, 219, 1657

Motor Vehicle License Plates; reflective material, HB 111.--__.__ 96, 101, 127, 705

Motor Vehicle License Plates; special issuance, SB 12.--------------_____________12, 32

Motor Vehicle License Tax; exclude certain trucks, HB 222.--...........610, 618, 690

Motor Vehicle Licenses; certain trucks, HB 192 ...._..,,_--__--209, 215, 239, 360, 470

Motor Vehicle Operators; cost of blood tests, HB 25..........184, 189, 220, 1250, 1256

Motor Vehicle Tax; collection of ad valorem tax,

HB 4

......... ................

..73, 79, 107, 306, 1224, 1293

Motor Vehicle Title Act; destruction of manufacturer's

serial plates, SB 138.------___....__----------------------679, 680, 778, 849, 1589

Motor Vehicles; four-wheel trailer without springs, no licensing

required, SB 141 -._____----------------266, 298, 306, 655, 672, 1483, 1490, 1666

Motor Vehicles, Larceny of; punishment for second conviction,

SB 81 ________.------------_---______._______--_____--------------------98, 125

Motor Vehicles; maximum speed, certain vehicles, HB 90......72, 83, 110, 307, 1587

Motor Vehicles; penalty for removal of identification numbers, SB 27..-----------------------------------------37, 45, 113, 116, 152, 387, 483

Motor Vehicles; prohibit sales without serial numbers, SB 28 _.._____--_._--___------______37, 45, 223, 252, 284, 1608, 1621, 1624, 1665

Motor Vehicles; registration and licenses, HB 5----------73, 80, 107, 306, 1226

Motor Vehicles; reward by governor for theft, SB 163--------------------291, 322

Motor Vehicles; theft of parts, HB 336 ........_.._.--------------------- 314, 318, 357, 467, 1223, 1251, 1557, 1660

INDEX

1699

Motor Vehicles; theft of parts of vehicles, penalty, SB 29.-- 37, 45, 223, 256, 284

Motor Vehicles; transporting explosives, certain requirements,

HB 342 ----.--------- -------- -------------------------- .-------764, 771, 846

Motor Vehicles; use of flashing blue lights, HB 495...... 610, 619, 691, 1177, 1536

Motor Vehicles; weight and length, certain vehicles, HB 187------- 347, 352, 407

Moultrie, City of; corporate limits, HB 692--__.....--------677, 685, 783, 1174, 1191

Municipal Association, Georgia; social security, HB 443--553, 560, 640, 1176, 1541

Municipal Employee's Retirement System; fixed benefit plans,

HB 569 --.--.------------------------. .--635, 669, 704, 1172, 1538, 1660

Municipal Officials; welcome, SR 33 __--___----------_--------....._--......------97

Municipal Street Grants; annual audit, HB 76....._...----.......186, 189, 220, 1310, 1586

Murray County; certain officials' salary, HB 210 ._.... 209, 216, 240, 576, 715, 833

Murray County; commissioner's salary, HB 399---------490, 500, 564, 644, 731

Muscogee County; commissioners, HB 359 ....__...___------...____ 287, 295, 325, 361, 366

Murray County Industrial Development Authority;

create, HR 289--.__--------..__...--------_--------------678, 686, 783, 1176, 1375

Muscogee County; consolidate certain departments,

HR 190 --,,---------------- ---------- ------,,--------..348, 354, 408, 645, 982

Muscogee County; contractors' bonds, HB 360 ._----...---- 287, 296, 326, 361, 366

Muscogee County; juvenile court judge's salary, HB 449--494, 501, 564, 644, 741

Muscogee County; law enforcement vehicles, HB 362---- 287, 296, 326, 361, 367

Muscogee County; ordinary's salary, HB 451 --------------....389, 400, 461, 517, 742

Muscogee County; pensions, certain employees, HB 364..... 287, 296, 326, 361, 367

Muscogee County; sheriff's salary, HB 447 .____......----........ 389, 399, 461, 517, 739

Muscogee County; sheriff's salary, HB 448 ..........__._.. ------ 389, 399, 461, 517, 741

Muscogee County; superior court clerk's salary,

HB 450

-- --------_-------------389, 400, 461, 517, 741

Muscogee County; urban redevelopment, HB 361----..--...287, 296, 326, 361, 366

Muscogee County-Columbus; establish single commission,

HR 191 ------_------------------------------............. 348, 354, 409, 645, 985

Muscogee County-Columbus; tax assessors, HR 163 ...---- 315, 321, 359, 414, 899

N

Narcotics; penalty for furnishing to minor, SB 168------292, 322, 466, 791, 1151

National Guard, Members of; honorary driver's licenses,

HB 138 .-------------------.-------------._..----------679, 680, 778, 849, 1589

National Memorial Day; public and legal holiday, SB 155.... ------------268, 300

Natural Areas, State Council Preseratvion of; create

HB 304 ..-------------------------._------.......1108, 1110,1171, 1528, 1659

Naturopathy; punishment for unlawful practice of; SB 208 ........_._._.._498, 562, 643

Navigable Streams; fishing rights, HB 524----..--.----......----------...761, 776, 847

Newnan, City of; change name of city court, HB 596----..604, 622, 693, 1174, 1187

Non-Domiciliary; court actions, HB 480 ...............----.......614, 636, 724, 1249, 1535

Non-Domicilary; provide for personal jurisdiction. SB 213 .--...__------_______498, 562

Non-Resident Plaintiff; deposit of costs, SB 223---------------------------615, 687

Non-support of Dependents; special probated sentence, SB 222...... ....... ... 557, 638

Norcross, City of; mayor and councilmen's salary,

HB 720 ------

.-------------- ------------------.759, 772, 845, 1175, 1207

Northeastern Judicial Circuit; additional judge,

HB 475 ....--------...--...----------.----------------------1229, 1230, 1244, 1535, 1551

North Fulton High School Choir; commend, SR 111...------.__._------....----------1625

Notifying Governor that General Assembly has convened, HR 2 ------ ------. 7, 9

Notifying House Senate has convened, SR 1 --...------._--...........----.._.._.._....... ...7, 8

Notifying Senate House has convened, HR I--------------.......---------- __________ 7

1700

INDEX

Nudism; against public policy of Georgia, SB 159 __... 290, 321, 360, 546, 598, 1476, 1501, 1635
Nurses, Graduate; registration of qualifications, SB 114 ----.--._.____-._---__------------__------.187, 217, 282, 443, 445, 1154, 1666

o

Oakwood, City of; new charter, HB 507-------------_489, 505, 567, 644, 719, 1155 Obligation Bonds, General; hearings, HB 388 .------450, 453, 515, 853, 1531, 1660 Ocilla, City of; election of mayor and councilmen,
HB 703 ...----..........._--__..-_----_----------__.------------760, 772, 845, 1174, 1193 Office Building Authority, State; define project, HB 199--289, 294, 324, 788, 1590 Oglethorpe County; board of education, election of
members, HR 52 _.....------..___--_--__.--__-------------__----74, 85, 112, 413, 917 Oglethorpe County; sheriff's salary, HB 124 .---------------95, 102, 128, 412, 421 Oglethorpe County; superior court terms, HB 80-.------------.71, 82, 110, 412, 419 Optometry; appeals to board of examiners,
SB 90 ------.-----_----..-_...__------------------122, 168, 197, 339, 379, 1305, 1665 Osteopathy; license, one year hospital training, HB 553--765, 776, 847, 1177, 1537 Outdoor Advertising; require removal of billboards,
SR 25 .--_-----,,...----------------------79, 107, 466, 590, 598, 1464, 1532, 1667

P
Palmetto, City of; create new charter, HB 132 _----------..208, 215, 239, 785, 860 Paradise, W. H.; compensate, HR 64.------------------------312, 320, 358, 851, 1123 Parker-White Motors; compensate, HR 13----------------495, 509, 571, 851, 1115 Paschal, Mr. Robert and Mr. James; commend, SR 129 .__.------------------___1627 Pataula Judicial Circuit; solicitor's salary, HB 130----------85, 102, 128, 412, 421 Paulding County; tax commissioner's salary, HB 735----.760, 773, 844, 1174, 1195 Pauper's Affidavit; appellate and post trial procedure,
SB 129 ._._._______.....--------------..---- - ..212, 236, 643, 665, 826, 1465, 1666 Peace Officers' Annuity and Benefit Fund; penalties and
interest on funds, SB 67~-___._----.__-___..-77, 105, 223, 528, 550, 1155, 1665 Pelham, City of; close certain streets, HB 345--286, 295, 325, 577, 723, 1155, 1660 Penal and Correctional Affairs Committee; create, SR 117--------------------1625 Pension Retirement Bills; introduce first ten days of session,
SB 68.---------------------_----------------77, 105, 223, 256, 284, 1305, 1666 Pepperton, Town of; repeal act incorporating,
HB 616 .-..------_----_--------.----------.-------------.607, 628, 698, 786, 873 Perry, City of; councilmen's salary, SB lll.__.____.______----__.____----.162, 192, 222, 242 Perry, City of; councilmen's salary, HB 592 .____._____._------__604, 621, 692, 785, 868 Personal Property; sales and use tax, ratify executive order,
HR 38 ------------__-----------------.--.----------_._96, 103, 128, 788 Pest Control Act, Structural; election of vice-chairman of
commission, HB 324 ----------------------__._----------___602, 619, 690, 1177, 1593 Pharmaceutical Association, Georgia; commend, SR 84....__.------___--..--______...--766 Pharmacy, Georgia State Board of; filling vacancies,
SB 100 __----_----------_--------------..160, 191, 198, 252, 284, 1155, 1665 Phenylketonuria; administer tests to all infants,
HB 113--------__---------_--------------------387, 394, 456, 850, 1278 Pickens County; commissioner's compensation, HB 62-----70, 81, 109, 1311, 1335 Pickens County; sheriff's salary, HB 65----------------------70, 82, 109, 222, 243 Picken's County; superior court terms, SB 18----------13, 33, 40, 58, 67, 155, 483

INDEX

1701

Picketing and Demonstrations; prohibit around certain buildings,

SB 220 ----------------.----

-

.........

557, 638

Pierce County; sheriff's salary, HB 453----------------~385, 400, 461, 577, 742

Pike County; appointment of school superintendent,

HE 295 ----------------------------------679, 687, 784, 1176, 1434

Pike County; clerk of commissioners, salary, HB 393-.....- 384, 395, 457, 517, 730

Pike County; commissioner's salary, HB 392----------------384, 395, 457, 519, 730

Planning and Zoning Ordinances; governing authorities enact,

HR 40 .._...._..._.___.______......-.-..._._.________....____._....-.-....-......_._..________-..... 288, 297, 327

Plaintiff, Non-Resident; deposit of costs, SB 223 .---------------------------615, 687

Pleading, Sufficiency of; amendments to,

SB 136 ________________________________________.__.__ 230, 275, 643, 669, 826, 1465, 1665

Poisonous Snakes; punishment for handling, SB 167--------291, 322, 466, 793, 826

Poisons, Drugs, Medicines; dispense under certain

conditions, SB 158 .........................................269, 301, 360, 666, 826, 1464, 1667

Police Force; witness fees for members of, HB 541 --_----------_.----_----.----.._._._--------_.--.674, 681, 779, 1250, 1311, 1338

Police Force; witness fees, state pay for, SB 203 _.._.._..._.___._....__._._..._..... 497, 561, 643

Police Power of State; define, SR 26 .._...__._

.

79, 107

Polk County-Cedartown; merger of school systems,

SR 66 ..__--___..._._..----------------_____--... 500, 563, 644, 1054, 1238, 1462, 1667

Portal, Town of; municipal elections; HB 680 ...------------.675, 684, 782, 786, 882

Ports Authority, Georgia; execute assurer agreement with

U. S. Corps of Engineers,

SR 70 ..........-------------------- 555, 638, 787, 1091, 1152, 1483, 1505, 1551, 1552

Ports Authority, Georgia; membership, HB 202 __.._ 392, 405, 465, 788, 1254, 1293

Powder Springs, City of; voter qualifications,

HB 687 -__----__--__.______--_.._--_.._.----.------..-._-..677, 685, 782, 854, 882

Preservation of Natural Areas, State Council; create,

HB 304 -_....___.._._.--_--._......--.--.--------__....__..1108, 1110, 1171, 1528, 1659

Primary Elections; assistance to certain persons, SB 160 --------.------__.290, 321

Primary Elections; candidate, time for qualifying,

SB 178 --_--___..._--_...--_._._--_--..__..._.----.......... 316, 355, 518, 540, 598, 1154

Private Banks; must be organized under State and U. S. banking

laws, SB 89------.122, 168, 280, 439, 445, 1242, 1262, 1300, 1483, 1485, 1665

Probate of Wills; create interim committee to study, SR 68----------557, 637, 1657

Probation, State Board of; change salary of members,

HB 252.--....--.._.._..__.------.--------.--._--...----.__..--------.345, 352, 407, 518, 520

Probation System, Statewide; commend officers, SR 96----------------------------1625

Probationary Sentence; reduced in county other than county

of conviction, SB 201 ___....--------------------452, 514, 643, 668, 826, 1465, 1667

Probations; certain persons, HB 83--------.--------.186, 190, 220, 1178, 1239, 1254

Professional Strikebreaker; unlawful to employ non-resident, SB 207----498, 562

Property Insurance; inspection of property insured against

fire, SB 34 ..__... ....--..---------- ..-- ---------- 38, 46, 113, 204, 223

Property, Personal; ratify executive order, HR 38 _------------__..._96, 103, 128, 788

Property Repairs; counties and cities to make repairs other

than slum areas, SR 19 ...------------------._...----_---------------- 57, 67, 822

Property Tax Returns; copies court evidence, HB 271 --.------------765, 777, 848

Property Taxes; method of paying in certain counties, SB 15 ------------.13, 32, 74

Proposed Legislation; cost to be made known to counties,

SR 57 ._.--------------------------_------------------------------ 393, 456, 642, 1100

Public Corporations; committee to study operations, SR 118 .------____.--__ 1626

Public Corporations; issue revenue obligations,

HR 20 ------------------.---._----..-..----.._.-.-._,,._._._- 159, 166, 196, 1310, 1564

1702

INDEX

Public Drunkeness; cash bond payment, HB 155 ------------.----.......211, 215, 239 Public Health Department; create mental health division,
SB 21 _--..-..-___._............._._.__..._.......__.............._...._...............36, 44, 198, 431, 482 Public Health, State Department of; use funds for correction of
physical defects, SB 231 _.----...___.__------_._._------..----616, 688, 1152, 1177, 1238 Public Officials; Honesty Code, SR 23 .---- .--------------------------64, 87 Public Property; penalty for littering, HB 109 .......---..-313, 317, 356, 518, 1588 Public Records; provide for inspection, SB 54 .___------..--......___ 63, 86, 307, 373, 445 Public Safety, Department of; additional powers, state patrol,
SB 23 -------...-.--------..-._-..-----.-....----.....-.---------.-- 36, 44, 113 Public Safety, Department of; driver's license extension for
out of country citizens, SB 107 .....................__..--._.-.............___............ ...161, 192 Public Safety, Georgia Department of; submission of certain
information, SB 25.... 36, 45, 223, 253, 284, 1241, 1266, 1301, 1494, 1664, 1665 Public Safety, State Department of; driver's license applicant
must complete high school, SB 140 ....._....._----....................._..._...................231, 276 Public Safety, State Department of; honorary driver's licenses
to certain veterans, SB 143 -- .....- ------------------...... 266, 299, 361, 580, 672 Public Safety, State Department of; minimum age to obtain
driver's license, SB 139.........__.._.___.___.._._.......................__.__ 231, 276, 411, 481, 550 Public Safety, State Department of; pension benefits to
children, SR 63 ......._.......----____....______.__.------.----_------.------__,,..------.......-499, 563 Public Safety, Department of; revocation of licenses under
certain conditions, SB 75 .....___._._......................_..........._...._.._79, 106, 223, 257, 284 Public Service Commission; safety relating to railroads, SB 52.--------63, 86, 642 Public Transportation; taxation for,
SR 11 _._----..------.----------.------__ -- - 30, 40, 88, 150, 181, 1602, 1603, 1665 Public Utilities, Assessing Property of, committee to study
procedure, SR 103 ..._..__.--.__.-___-_____..--___....____----..___-._._ 1162, 1309, 1657, 1658 Public Utility Company Rates; interim committee to study,
SR 108 -------..------ _-------- ------------__------_------..___.____..._..__.___ .1163 Pulaski County; ordinary's fees, HB 505.............----__ ..----489, 504, 567, 644, 747 Pulaski County; superior court clerk's allowance,
HB 506 -.------...-------...-------..-......-..----.....----489, 505, 567, 644, 747 Pulaski County-Hawkinsville Development Authority;
create, HR 316 ........._....._..............._...._._.._.___...___.-..._...__..759, 775, 843, 1176, 1385

R

Rabun County; ordinary's salary, HB 150 ..,,..............------ 155, 163, 193, 222, 244

Ramey, Clayton; compensate, HR 23 .._...._...... ............._..... 600, 629, 699, 851, 1116

Randolph County; sheriff's salary, HB 676 ......_..___......... 676, 683, 781, 1174, 1190

Rapid Transit Interim Study Committee; referenda

precede further participation,

SB 171

----------------.. 292, 323, 579, 670, 826, 1307, 1447, 1665

Ray, Honorable Jack; express appreciation to, SR 98 --_.--..--...--__..--.... ----..... 1625

Real Estate Sales; commissions, HB 39._..__._.......__.._..---- 347, 351, 406, 851, 1583

Real Estate Titles; clearance of defects,

SB 214 ..................................-------- .556, 637, 855, 1093, 1151, 1637, 1667

Real Property; title, judgment, writs,

HB 122 ....--------------------- 208, 214, 238, 281, 445, 533, 1452, 1597

Realty; obtaining good title by adverse possession, SB 219 .._..__._..__.._....____. 556, 637

Reciprocal Insurance; self insured employers under workmen's

compensation, SB 125 _.__.------._.----.----------. ........................_........._.._... ....212, 236

Referendum Elections; clairfy provisions for calling,

SB 5 ......... ......... .........................._.....................11, 31, 88, 117, 152, 1636, 1666

INDEX

1703

Reidsville, City of; city court, judges salary, HB 108 ........ . 94, 101, 127, 412, 420

Reidsville, City of; city court solicitor's salary, HB 669----.----------676, 683, 781

Reidsville City Court; certain officials' compensation,

HB 129 ..----....----....-------------------,,--..-----95, 102, 128, 516, 722, 1242

Retirement Systems, Advisory Committee on;

create, SB 69 ._______.....____._..__.____...._--. ....___--._-..-.---.---.70, 82, 109, 412, 417

Revenue Bonds; notice of hearing, HB 387.__...._...._ -450, 453, 515, 853, 1531, 1660

Revenue Commissioner, State; duties, SB 179..._._._.....-._.__....316, 355, 520, 794, 826:

Revenue Department, State; compensation of tax agents, SB 195 ._..--.__._.....451, 513

Rhoden, Mr. L. L., Jr.; compensate, HR 214 ._........._............496, 511, 573, 1172, 1474

Riceboro, City of; municipal election dates, HB 711--.. -757, 769, 842, 1175, 1205

Richmond County; city court judges secretary, salary,

HB 742 -..-.--...--...-....---.....--...-...--...-.--.-.--757, 774, 844, 1175, 1196

Richmond County; assistant solicitor city court, salary,

HB 744 ---------------------_..---... -------758, 774, 844, 1175, 1209

Richmond County; board of education, salaries, HB 501----488, 504, 567, 644, 746

Richmond County; certain employees salary, HB 740---757, 774, 843, 1175, 1208

Richmond County; city court solicitor's office employees

salary, HB 743 ..........._....._. ............ ......._.._.......--......-758, 774, 844, 1175, 1208

Richmond County; commissioners, employees' pensions,

HB 754 -.------.-..------..------------,,------...-832, 838, 1169, 1311, 1343

Richmond County; create office of building inspector,

HB 745 -------..-------- ....... ... - ----- -- .758, 775, 843, 1175, 1209, 1293

Richmond County; create office of building inspector, SB 225...

...615, 687

Richmond County; law library assistant, HB 494....................._.__.528, 530, 574, 745

Richmond County; secretary and clerk to judges,

HB 739 .----------------...-----....----. ..------...761, 773, 844, 1175, 1207

Richmond County; sheriff's employees, salaries,

HB 552 ----.--------.--------------.---- 494, 508, 571, 645, 716, 1293

Richmond County; solicitor general, steno-clerks, salaries,

HB 741 --.......-- ....-.,,..---.-- -.-----------------....--------757, 774, 843, 1208

Ridlehuber, Honorable Preston; commend, SR 92 .._.....-.._____.___.___.__.___.-_...______....___ 835

Ringgold, City of; create board of utility commissioners,

HB 783 -..----..------------...-----.-.....------.---1159, 1165, 1247, 1311, 1349

Rivers and Harbors Development Commission; create,

HR 287 ....--------.....-----------..601, 634, 703, 1177, 1214, 1297, 1579, 1630

Roberts, Mrs. Florence E.; compensate, HR 72------.........312, 320, 359, 852, 1124

Rockdale County; commissioner's assistant, HB 400....----------382, 395, 577, 731

Rockdale County; commissioner's salary, HB 401 ..........__.... 382, 396, 458, 577, 732

Rockdale County; debt limitation, HR 241.....,_..._........_...... 490, 512, 573, 645, 1029

Rockdale County; sheriff's salary, HB 402 __. ... ....__..._.. ..383, 396, 458, 577, 732

Rocker, Bobby Gene; compensate, HR 184 ...... ..--------496, 511, 572, 852, 1137

Rockmart, City of; election date for mayor and council,

HB 765 -....------ --- ..................... .....------831, 839, 1170, 1311, 1345

Rodgers, Honorable Pepper; commend, SR 91 .._____..._.._..__._.._____..._....__..___....__.._ --835

Rome, City of; board of education, HB 545 .... ......._.......__.._..493, 508, 570, 644, 750

Rome, City of; commissioners' qualifications, HB 546.._.... 493, 508, 570, 644, 750

Rome, City of; elections, HB 550 ......._.._..____.............. 494, 508, 570, 645, 752

Rome, City of; fines and taxes, HB 549 -- --......----.. ....494, 508, 570, 645, 751

Rome, City of; number of wards, HB 548 .._........................... 494, 508, 570, 645, 751

Rome, City of; three posts in each ward, HB 547 ... . ... 493, 508, 570, 645, 751

Rome-Ployd Chamber of Commerce; urge President Johnson to attend meeting, SR 125 ..................._.._............__.......................... 1464, 1626, 1664

Rome-Floyd County; consolidation of school systems, HB 698 --..-- ........---...-- ----------------.---- 678, 686, 783, 786, 882

1704

INDEX

Rome Judicial Circuit; assistant solicitor and clerk's

salaries, HB 645 .------..

_

..---------- 610, 625, 696, 786, 878

Rome Judicial Circuit; state library furnish certain law books,

HR 120 ._______--.__-_----..__-.--_--_____.___------_.--.._._.___.___.-. 288, 298, 327, 645, 754

Royston, City of; election of council members, HB 23--__----...69, 80, 108, 308, 363

Russell and Talmadge, Senators; joint session, hear, HR 16--------------------40, 41

s

Safety Belts, Automobile; installation of, SB 120......_.------.188, 218, 280, 666, 826

Safety Belts, Automobile; require in order to pass inspection

for official certificate, SB 121...-- .-...---------~---188, 218, 280, 670, 826

Sailors, Daniel L.; compensate, HR 252

_.----601, 631, 700, 853, 1145

Saint. Andrews and Cumberland Sound; net fishing,

HB 158 --.--__...----------_.....___------.______-_----------------_ 156, 163, 193, 785, 860

Saint Mary's, City of; real property loans, HB 159-------- 156, 164, 194, 785, 860

Sales and Use Tax on Bibles, Georgia; ratify executive order,

HR 37 .....-...--.--....--------.......------._...-------_---- 96, 102, 128, 788, 1619

Sales Tax; change compensation of dealers, HB 92 ----------__...72, 83, 110, 307, 374

Sales Tax; exempt drugs and medication, SB 49--------..,,----.----------...--57, 66

Sales Tax; government units installing utilities,

HB 314--......................-__---__._._.--------------.._....----.610, 618, 690, 1249, 1541

Sales and Use Tax, Georgia; certain personal property,

ratify executive order, HR 38 __-.._--------------------_----........ 96, 103, 128, 788

Sales and Use Tax, Georgia; ratify executive order,

HR 36 .....__........_..-.-.......--_.___.__..................----.............. 96, 102, 128, 788, 1619

Sales Tax; tangible personal property, private schools,

HB 481 _.._............._-._------.........__.------.._.-...----..__----__ 450, 454, 516, 519, 1252

Sand and Gravel Haulers; protective measures, SB 7..------------.11, 31, 307, 367

Sandersville, City of; water and light commission, abolish,

HB 403 ---------..-------------__..----------........._......---- 383, 396, 458, 577, 732

Sandersville, City of; zoning ordinance, HB 236 ........________ 286, 294, 324, 517, 726

Savannah, City of; employees' pensions, SB 211----..............452, 514, 576, 724, 826

Savannah, City of; salary, municipal court judges,

SB 94 .-..._......------------...----_----........ _....__.. 123, 169, 412, 414, 483, 613, 1239

Savannah District Authority; terms of office, HB 521 ...492, 506, 569, 1173, 1186

Scholarship Commission, Georga State; budget unit within

executive branch, SB 144.................._....._._.. 266, 299, 519, 557, 672, 1306, 1667

Scholarship Commission, State; obtain federal funds,

SR 74 ___.----_____...------....._..----------._.---- 617, 689, 851, 1111, 1238, 1464, 1667

Scholarships, Dental; provide dental service in certain areas, SB 105 ....... 161, 191

School Boards, Local; hiring of personnel, SB 79-.........__--------__.__...._.___. 98, 125, 221

School Building Authority, State; compensation for members, SB 71 .. 78, 106

School Bus Drivers; change minimum salaries, SB 84 ........_.__.__..........__._ 99, 125, 221

School Bus Drivers; salaries, HB 209..------ .......----.........211, 216, 239, 281, 579

School Children; transfer to adjacent school, SB 188.__._.._.----------._. 351, 406, 520

School Curriculum, Georgia; include course in Negro history, SB 241______ 767, 840

School Lunch Purposes; State taxation, HR 346.--------..--------.1228, 1231, 1245

School Lunchroom Personnel; minimum wage, SB 177....,...._.._.............316, 355, 520

School Personnel; statewide tenure law,

SB 85 .........--------------.......---- ____----------.99, 126, 221, 259, 372, 381, 433, 445

School Property Tax Digest; provisions in establishing,

SB 173 --..--.._.---------------- 293, 323, 378, 519, 1092, 1151, 1554, 1555, 1666

School Superintendent, State; compensation,

SB 56 --_.-------..------..__.------75, 103, 281, 445, 479, 549, 1505, 1562, 1665

School Superintendent, State; salary, SB 8.......------------.----.........----12, 31, 281

INDEX

1705

School Superintendent, State; State Board of Education to appoint, SR 29.------.---------------------_--.100, 126, 411, 541, 814, 826

School Superintendent, State; State School Board to appoint, SR 31 ---- ._....---------------------------------100, 126, 154, 281

Schools, Area; authorize establishment of, SR 38 ----__--.-.------------.----------.188, 219, 520, 816, 1097, 1152, 1494, 1666

Schools, Public; instruction of wildlife, repeal, SB 123 -.------------------------------.....211, 236, 281, 581, 672, 1306, 1666
Schools; State Education Funds, use to replace or

modernize facilities, SB 221 .------ .----.--------------...557, 638, 1173, 1217, 1238 Schools; Student Honors Program, include pupils in private
schools, SB 200 .-------------------------------- 452, 514

Searches and Seizures; procedures for. SB 38 .---_._._----__--.----___------------43, 51, 466, 646, 826, 1599, 1600, 1665
Second Mortgage Lending Institutions; create interim committee to study, SR 90 --_.....--_--...--__----.--_----.------_--_.--------------836
Second Mortgages; regulate charges and interest, HB 85 .---.-.-----...-----..------_._----------.--450, 453, 515, 706, 1268, 1304

Seizures and Searches; procedures for, SB 38..----..---------------------------43, 51, 466, 646, 826, 1599, 1600, 1665
Seminole County; sheriff's salary, HB 476 ------------------486, 502, 565, 706, 733

Senate; committee to study organization, committee and secretary's office, SR 127 ._._____..........__............____........__._._.._..._____... ....._...______..__1627

Senate Chamber; construct, remodel and repair, SR 126------------------------ 1626 Senate Chamber; remodel and refurbish, SR 121----._.__....----------_------------ 1626 Senate Rules; adopt, SR 2 --------...---------------------------------------------------- 7

Senate Rules; amend, compensation for interim committee work, SR 93----1162 Senate Rules; amend, SR 36_......._..------_--.------------------------------.124, 170, 280 Senate Rules; amend, SR 52 --------------------------..................293, 324, 518, 1148

Senate Rules; amend Rule 37, SR 53....--.----_.....----........------.....----_....--.293, 324 Senate Rules; amend Rule 198 relating to retirement committee, SR 16---------50 Senate Rules; amend Rule 198, SR 4........--.......----------------------.------33, 47, 51 Senatorial Districts; less than one county elect district wide,

SB 86 ----------------------------------------99, 126, 223, 309, 342, 1630, 1666 Senior Judge Superior Court; appoint jury clerk,

SB 157 ------.-------------------_-269, 301, 547, 576, 718, 826, 1308, 1555, 1666

Senior Superior Court Reporter; create office, HB 242----........------__497, 500, 564

Service of Process; civil actions, SB 4--------.------__----____.ll, 31, 171, 176, 223

Sheriff Retirement Fund; relating to military service,

SB 61

..... ............_.__..-----_------------__ ,, 76, 104, 222, 522, 550

Ships; require identification of registry, SB 55--63, 86, 198, 205, 224, 1154, 1239

Smith, Ed Lonzo; compensate, HR 10------.------------------494, 509, 571, 1172, 1470

Smith, Mr. Samuel R.; compensate, HR 175----__._..............496, 510, 572, 852, 1134

Smyrna, City of; corporate limits, HB 523----------__--...........492, 506, 569, 854, 864 Smyrna, City of; corporate liimts, HB 706-..--.----------756, 768, 841, 1174, 1194

Snakes, Poisonous; punishment for handling, SB 167 ------ 291, 322, 466, 793, 826

Solicitor-General; elected in circuits, HB 28..------------185, 190, 221, 1249, 1567

Solicitor-General Emeritus; credit for military service, SB 63 -...----__--..--....--..--....---...--_--.--_---....----76, 104, 519, 523, 550

Solicitor-General Emeritus; terms of service, HB 134 ..--------------------------346, 351, 406, 519, 525, 705, 1234, 1487, 1662

Solicitors-General of Superior Courts; salaries,

HB 572 .---------.----.......----....------......----.--- 554, 561, 641, 788, 1593

Sonoco Products Company; lease State property, SR 61 .--------------------....--------499, 562, 1176, 1215, 1238, 1636, 1666

1706

INDEX

Sonoco Products Company; lease State property, HR 309----------1109, 1110, 1171 Spalding County; clerk's salary, HB 689----------------677, 685, 782, 1174, 1191 Spalding County; commissioner's salary, HB 700--------.756, 768, 841, 1174, 1192 Spalding County; coroners salary, HB 690-- .------------677, 685, 783, 1174, 1191 Spalding County; tax commissioner's salary, HB 688 ----677, 685, 782, 1174, 1190 Special Milk Program for Children; federal appropriations, SR 76---------_--834 Speed; motor vehicles, maximum certain vehicles,
HB 90 .-------._--------------_-_--_--.--.------------72, 83, 110, 307, 1587 Subpoenas; revise laws relating to,
HB 243 __-_----------___--._- 1109, 1171, 1249, 1525, 1544, 1552, 1578, 1663 State Board of Corrections, appropriations, HB 691--------.---614, 636, 704, 851 State Board of Corrections, director's salary,
HB 566 ..... ....... -- ......--.----------------------...-__-- -765, 776, 847, 1176, 1301 State Board of Education; school systems rulings,
SB 103 ...----.-_---- --._----__,,------------------------__--------161, 191, 221, 442 State Board of Pharmacy; filling vacancies,
SB 100 .----------.........--._--.,,.------.160, 191, 198, 252, 284, 1155, 1665 State Board of Probation; change salary of members,
HB 252 .....--_-.---------_---.-----.--_--------..345, 352, 407, 518, 520 State Board of Registration for Used Motor Vehicle Parts,
create, SB 33.-------------------,,--.38, 46, 223, 256, 284, 1307, 1449, 1665 State Budget Officer; furnish fiscal notes, SB 162- ---------------------- 290, 322 State Claims Study Committee; create, SR 101 ---------------------.--.....----_ 1162 State Council Preservation of Natural Areas;
create, HB 304 --._-._----.._---___-_----..._..,.----.1108, 1110, 1171, 1528, 1659 State Department of Archives and History; branch
depository, SB 199 ------------------------ 451, 514, 583, 598, 641, 1154, 1667 State Department of Public Health; funds for correction of
physical defects, SB 231 --------------.--------.....-- 616, 688, 1152, 1177, 1238 State Department of Industry and Trade; promote tourism,
SR 27 ....----------------.---------------- 79, 107, 307, 795, 826, 1464, 1666 State Department of Industry and Trade; promote tourism,
SB 210 -..--....-.----.--._-----_-___-------_-----498, 562, 851, 1099, 1238 State Department of Labor; supplemental appropriations,
HB 500 ----.....---------._.--.----------,,.--,------------_762, 775, 847, 1176

State Department of Public Safety; driver's license, require high school education, SB 140.........._--.----........_--.---------------------.-.231, 276
State Department of Public Safety, honorary driver's license to certain veterans, SB 143-------------------------------. 266, 299, 361, 580, 672

State Department of Public Safety; minimum age to obtain driver's license, SB 139 --------------....------ ....---- 231, 276, 411, 481, 550

State Department of Public Safety; pension benefits to children, SR 63 ..........-- .-.------------------

.499, 563

State Education Funds; use to replace or modernize school facilities, SB 221.------------------------------------557, 638, 1173, 1217, 1238

State Employees; certain officials' salaries, SB 198.----------------------451, 513

State Employees; compensation for those who contract tuberculosis, SB 106 _------.----------. ----------------------------...161, 192, 309

State Employees; create committee to study employment conditions, SR 128 ....._. ..-.-_.._____._..---........_....--------------- .------ 1627

State Employees' Retirement System; benefits for future employees, SB 137 ------------....--------...----------.230, 275, 360, 597, 672

State Employees' Retirement System; future employee benefits, SB 151 .... _.........,,.__----..... ...-- ..-

268, 300

INDEX

1707

State Employees' Retirement System; legislative and military

time, SB 60 ---- ....-------- --------------------------------76, 104, 222, 522, 550

State Funds; expenditure; explanation accompany legislation,

SB 83 ------------------------------------------- 99, 125, 223, 474, 550

State Game and Fish Commission; appoint deputy wildlife

rangers, HB 369-----345, 353, 408, 787, 1530, 1600, 1601, 1632, 1634, 1663

State Game and Fish Commission; dove zones, HR 365------.....----------834, 1162

State Game and Fish Commission; increase license

fees, HB 3----------------------------------------------------61, 64, 87, 411, 434

State Game and Fish Commission; purchase uniforms,

HB 530 ---- ----------

. - _--------

--1229, 1230, 1244, 1313, 1537

State Game and Fish Commission; stock lakes located

in state parks, SR 62 ----------------------------------.499, 563, 787, 1084, 1152

State Health Insurance Plan; dental coverage,

HB 48 ---- ------------------ ------------------------185, 189, 220, 465, 1560, 1659

State Highway Board; filling of vacancies, SB 132 -------------------------- 213, 237

State Highway Department; accept federal monies,

SB 57 ------..,,_------.........--------------------------------75, 103, 518, 584, 652, 826

State Highway Department; acquisition of rights-of-way, SB 227-- --_.__.615, 688

State Highway Department; commend, SR 56----------------_--------------------380

State Highway Department; employee subsistence

allowance, HB 127 ------------------------------------------211, 214, 238, 518, 1589

State Highway Department; merit system coverage for

certain employees, SB 133--......-----------_------213, 237, 307, 483, 550, 1666

State Highway Department; mileage allowance for employees,

SB 96

....-------------- -----.----------------___----------123, 169, 1177

State Highway Department Lab; amend General

Appropriations Act; HB 198 ...._------_----_------------289, 294, 324, 705, 1590

State Highways; relocation expenses, HB 105-----.346, 351, 406, 518, 1511, 1659

State Highways; traffic control devices,

HB 197

--_

---------- -313, 317, 357, 518, 1505, 1659

State Hospital Authority; increase amount of bonds may

issue, HB 251

----

_.........449, 453, 515, 1177, 1592

State Hospital Authority; salary of members, SB 224...-.___----__--......------615, 687

State Income Tax; deductions for service connected

disabilities, SB 154 --___..__..-.-._______._----_____.--_____.__.._......,.__-------_-__.___ 268, 300

State Income Tax; enlisted military personnel,

HB 469 -------------.--------------------------------_....450, 454, 515, 578, 1542

State Income Tax; student exemption, HB 47..--__.....--........290, 294, 324, 519, 1467

State Income Tax; suspend for certain persons serving in

Viet Nam, HR 128 ...........................................___................289, 298, 328, 788, 1620

State Institutional Farms Division in Agriculture;

create, HB 255 ..................--------------...--------_.------ 290, 295, 325, 579, 1235

State Institutions; ability to pay for care,

HB 321

_..----._................... ......._----_----............553, 560, 640, 850, 1276

State Law Department; appointment of assistant attorneys

general, SB 70 ---------------------------------- ----.....------------ -- -- 78, 106

State Liaison Office in Washington, D. C.; interim committee

to study feasibility of, SR 65 ---------------- ............499, 563, 1084, 1152, 1637

State Officers; air travel allowance, HB 653........----------....._------..602, 626, 696

State Officers and Officials; mileage allowance, SB 233----_.._.....--616, 688, 1177

State Officials; malfeasance, SB 122------------..---------------------------188, 219

State Patrol Vehicles; marking and equipment,

HB 126 ------------.--.....121, 124, 170, 308, 1469, 1663

State Property; lease certain tract, HR 87----.,,............_- -- 289, 298, 327, 518, 584

1708

INDEX

State Property Control Commission; surplus property,

HE 244 -....--_._--..-...-------...------__-----------602, 631, 700, 1176, 1621

State Revenue Commissioner; duties, SB 179--------------316, 355, 520, 794, 826

State Revenue Department; compensation of tag agents, SB 195----___--451, 513

State Scholarship Commission; obtain federal funds,

SR 74 ._-------,,---__------_----------_617, 689, 851, 1111, 1238, 1464, 1667

State Scholarship Commission, Georgia; budget unit within

executive branch, SB 144--------------__-266, 299, 519, 557, 672, 1306, 1667

State School Building Authority; compensation for members, SB 71------.78, 106

State School Superintendent; compensation, SB 56 .----------...----------...__----75, 103, 281, 445, 479, 549, 1505, 1562, 1665

State School Superintendent; salary, SB 8.--------.___----------_--------...12, 31, 281

State School Superintendent; State Board of Education to

appoint, SR 29

.--

100, 126, 411, 541, 814, 826

State School Superintendent; State School Board to appoint, SR 31 _-.---.----...-----.--...------........--------.------.-100, 126, 154, 281

State Senators; election by districts, SB 86----.99, 126, 223, 309, 342, 1630, 1666

State-Supported Colleges; prevent certain people from speaking,

SB 230 --------._----____.----_-------------__--_.---_---------------------..616, 688, 825

Statesboro-Bulloch County Development Authority;

create, HR 273 ..--------------...___.___....----------611, 633, 702, 787, 1042, 1275

Statesboro, City of; terms of mayor and council,

HB 675 ----------.--------------_--------------.----------.----676, 683, 781, 786, 881

Statewide Probation System; commend officers, SR 96 ------------------------1625

Statewide Tenure Law; create interim committee to study, SR 95--------1162, 1629

Status of Women, Commission on; create,

HB 154 ----------_--_------._------------------- 348, 351, 406, 788, 1467

Statute of Limitations; relating to improvement of real

property, SB 53 ------.__------___----.----_--------.----.63, 86, 281, 369, 371, 445

Statutes; additional time when final date falls on holiday,

SB 134 ------_----..__------.----..----_.---------------- 230, 275, 643, 666, 826

Stephens County; commissioners' terms, HB 309-----.------262, 270, 302, 413, 428

Stephens County; salaries of ordinary's personnel,

HB 311 -----.--.---------.---__----_---------- 262, 270, 302, 413, 429

Stephens County; salaries of superior court personnel,

HB 308 .---.._--------___--__--__-_---_--_----.-.-_--....261, 270, 302, 413, 428

Sterilization; certain individuals, HB 60 ._--------_------_----208, 214, 238, 360, 1586

Stewart County; sheriff's salary, HB 238.--------___------ 209, 216, 240, 1175, 1201

Stewart, Honorable Charles E. Sr.; honor, HR 110 ...--------------..--..-------- 97

Stewart, Honorable Paul; commend, SR 48 __..----------------------------...----380

Stone Mountain Judicial Circuit; court reporter's salary,

HB 617 ----...------------------------_----..------607, 628, 698, 1312, 1324, 1597

Stone Mountain Judicial Circuit; solicitor's assistants,

HB 603 .-------------.-------..._------------ 602, 623, 694, 1312, 1323, 1597

Strikebreaker, Professional; unlawful to employ non-resident,

SB 207 -.-......-_-.....--.._-.-..-___...----_-_-.----.__.-----_-.----_.-.--.498, 562

Structural Pest Control Act; election of vice-chairman of

commission, HB 324 _--..._-------______--_--__----------602, 619, 690, 1177, 1593

Student Honors Program; include pupils in private schools,

SB 200 _-_.----------..--....._....-----------------------.------ 452, 514

Sufficiency of Pleading; amendments to, SB 136 .----.____------...----------------..--- 230, 275, 643, 669, 826, 1465, 1665

Sumter County; ordinary's salary, HB 663 ...------------------ 675, 682, 780, 786, 880

Superior Court Clerks; credit for military service,

SB 64 ._..._....---------_._----.-...-----------.-------.--76, 105, 222, 524, 550

INDEX

1709

Superior Court Clerks; retirement, delinquent payments, HB 519 ........____......_________.-.____.____.._-....___.-.._-__-.----614, 635, 703, 850, 1536
Superior Court Judge; elected in circuits, HR 29 ..._______.____..____________...______.___.______..______.______.._185, 190, 221, 551, 1249, 1569
Superior Court Judge Emeritus; credit for military service, SB 65 ..____.__.________.,,_.,,_._____,,.--_,,-- 77, 105, 519, 525, 550
Superior Court Judges Emeritus; serve in any judicial circuit, SB 128 _______ .,,___,,_.____.__,,_,,.,,,,-,,,,_,,.__,,___._._.,,___.-____.----....212, 236
Superior Courts, Judge Emeritus; serve any judicial circuit, HB 290 ._-._....__--.___,,_---.____,,.. 552, 559, 639, 1249, 1319, 1596
Superior Court Judge Emeritus; serve in any judicial circuit, SB 113 -_,,__._._________.___._--.______..__..,,__.__ 162, 193, 1092
Superior Court Judges and Solicitors Retirement; create, SB 3 ....--__--..-_,,_ ---.___ 11, 30, 47, 52, 112, 118, 130, 181
Superior Court Reporter's Retirement System; create committee to study, SR 122 ....................._............................ _______,,___.____....1626
Superior Court, Senior Judge; appoint jury clerk, SB 157 _______..___________.____._____269, 301, 547, 576, 718, 826, 1308, 1555, 1666
Superior Courts, Solicitors-General; salaries, HB 572 ........--.._-_.._.-.......-....--,,_-_..............._.,,....___--.......554, 561, 641, 788, 1593
Supreme Court and Court of Appeals; judges salaries, HB 68 .____________________________.._96, 100, 127, 643, 794, 1232, 1304, 1459, 1664
Swainsboro, City of; voter registration, HB 504-____-__-___-_489, 504, 567, 644, 746 Sycamore, City of; corporate limits, HB 781______--1159, 1165, 1246, 1311, 1348

Talbot County; commissioners' salaries, HB 576 . _.._________..__________._______________.__529, 531, 575, 645, 753
Talbot County; sheriff's salary, HB 577 __,,_.______.________529, 531, 575, 645, 753 Talbot County; tax commissioner's salary, HB 575 __________529, 531, 575, 645, 753 Taliaferro County; sheriff's salary, HB 629 _____..__________608, 624, 694, 786, 875 Talmadge and Russell, Senators; joint session, hear, HR 16 ______________40, 41 Tanner, Benjamin Clinton; compensate, HR 86 .-_______--_495, 509, 571, 852, 1126 Tanner, Dr. J. C. Jr.; commend, SR 110 ________,,__________,,________.____..._1161 Tattnall County; board of education, election of members,
HR 43 ______________________________________________73, 85, 111, 413, 916 Tattnall County; clerk's salary, HB 670 __________________________.____________________676, 683, 781 Tattnall County; clerk of superior court, salary,
HB 70 _________.____________..________._________70, 82, 109, 516, 723, 1242 Tattnall County; commissioners' salaries, HB 69 ___________70, 82, 109, 412, 417 Tattnall County; sheriff's salary, HB 71 _____._______.____._70, 82, 109, 170, 199, 392 Tax Digest; delete compilation by race,
SB 130 __,,.__--________.________.__________________212, 237, 281, 540, 598, 1307, 1446, 1666 Tax Digest, County; revenue commissioner examine,
HB 468 ________.________.___________.___._.______554, 560, 640, 1094, 1177, 1274, 1293, 1294 Tax Exempt Machinery; tangible personal property, remove,
HB 303 __.____-_--_._._____-__-_-__-___.______________554, 559, 640, 652, 1177, 1604 Taxes; delinquent penalty in certain counties, SB 15 __.___________.__.__._.__.13, 32, 74
Teaching Profession; equal rights with other professions, HB 659 ___.___.__.___.___________.__-_-________.._____._.__._____________.___-_.____-_-___-762, 772, 847
Teachers' Retirement System; board members, SB 226 ___________._..____._.____.__.615, 688
Teachers' Retirement System; board of trustees, additional member, HB 169 .____._____._-.____..____-___._..____-____--_ 497, 500, 563, 705, 1606

1710

INDEX

Teachers' Retirement System; credit for military service,

SB 62 ..-..---------.---.------- ------ -----76, 104, 222, 522, 550

Teachers' Retirement System; credit for out-of-state service,

SB 66

..._------------ . 77, 105, 223, 527, 550, 1465, 1666

Teachers' Retirement System; employer contributions, SB 118 ------,,--.187, 218

Teachers' Retirement System; Georgia Council of Education,

HB 176 -.------.------.------------.---------- 313, 317, 356, 467, 642, 1257, 1597

Teachers' Retirement System; members, local retirement fund,

SB 156 _...-----.-___._____---------------------------.---------- ----- 268, 301

Teachers' Retirement System; military service, HB 379 ----_---------- 761, 778, 849

Teachers' Retirement System; retirement after 40 years service,

SB 98 -------------------------------------- 123, 169, 360, 440, 445, 1636, 1667

Teachers' Retirement System; service credit,

SB 135 _ ... ------------------------_... 230, 275, 642, 655, 672, 1305, 1666

Teachers' Retirement System; voluntary contributions,

SB 174 ..----.------------.--------------------------------._- 293, 323, 360, 596, 672

Telephone Operators; express appreciation to, SR 104 _----__--------------_..----.1161

Telfair - Wheeler Airport; easement, certain property,

HR 124

......._.__.-----.------------------- 263, 788, 1236

Terrell County; board of commissioners, HB 19 ----------------.61, 65, 87, 308, 362

Thomas County; convey land to Wade E. Freeman,

HR 156 . --------------------.----------------------- 832, 839, 1170, 1311, 1351

Thomas County; fire protection districts, HB 668 ..........674, 683, 781, 1174, 1190

Thomaston, City of; removal of city manager,

HB 395 ...............--..--------------------..-_..._-_.----.... 382, 395, 457, 517, 731

Thomson, City of; sale of public property, HB 88 ------------.71, 83, 110, 412, 419

Thomson, City of; corporate limits, HB 649 ...... -...___------ 609, 626, 696, 786, 878

Thunderbolt, City of; municipal elections, HB 91 ----------_._._--71, 83, 110, 785, 859

Tift County; superior court clerk's salary, HB 600 ----------605, 623, 693, 785, 870

Tift County; tax commissioner's salary, HB 599-.-----.... 605, 622, 693, 785, 877

Titles; obtaining good title by adverse possession, SB 219 .,,------._------... 556, 637

Toombs County; clerk, board of commissioners, salary,

HB 313 -.-..-----.---------_------.------_------------------. 262, 270, 302, 413, 429

Toombs County Development Authority; create,

HR 152 ------------------------------------_-------------- 315, 320, 359, 577, 960

Topographic Maps of Georgia; U. S. Geological Survey, SR 60 .... ... 452, 514, 578

Trade Secrets; crime to steal, HB 344 .__...------_.......----..494, 500, 564, 851, 1540

Traffic; control devices, State Highway,

HB 197 -.---.. --.-..------------------- 313, 317, 357, 518, 1505, 1659

Traffic Safety Interim Study Committee; create,

HR 301 ..........................-....---- ......- ....... ........ 1228, 1231, 1245

Traffic Violations Bureau; judges may establish,

SB 127 ------------------------...------------------..212, 236, 282, 336, 379, 1307

Travis, Reverend James L.; compensate,

HR 171 ----__.------.......-----__--_------------------..----..495, 510, 572, 1172, 1473

Trespassers; right of contribution, HB 140 ------------------185, 190, 220, 850, 1252

Treutlen County Development Authority; create,

HR 206 ..................................................... 391, 403, 464, 577, 1000

Treutlen County; sheriff's salary, HB 348 ----------.----------.286, 295, 325, 413, 430

Trial Procedure; revise supercede and modernize in civil cases,

SB 87 ..._-- --__----..._..-----._--..-----------------_-100, 126, 1177

Trials, Jury; judge impose sentence, SB 40 --------------------...43, 51, 466, 534, 598

Trice, Honorable Reginald; elected to State Highway Board ----__._----_--------113

Troup County; housing authorities exemptions,

HB 329 ------------------------------ --.......................384, 394, 457, 577, 728

INDEX

1711

Trust Companies; incorporation and organization of, SB 102 ..........................._-......___--_160, 191, 519, 527, 550, 1636, 1667
Trust Funds, Uninvested; require banks to secure, SB 124 -..._.----.--___.___...--._____----...._-.----.211, 236, 519, 533, 598, 1637, 1667
Twiggs County; sheriff's salary, HB 424 ________....___._..----____.385, 397, 459, 644, 736

U

Unemployment Compensation; benefits, SB 240 _____,,_________._.___--._._--.-_.-_766, 840

Unemployment Compensation; increase benefits,

HB 137 --._........_.--..........-_-_---.......---__....._._..._..-.._.__-_._.313, 317, 356, 410, 533

Unemployment Compensation Law; modify and change,

SB 104

..__...__...._.._.___.___.._.__._____,,____.__._.....___.__ 161, 191, 306, 447

Uniform Commercial Code; define certain words,

HB 322 ........................................................... 387, 394, 457, 853, 1272

Uniform Commercial Code; negotiable instruments, repeal certain

laws, HB 38

...................................... 72, 81, 108

Uniform Simultaneous Death Act; beneficiaries,

HB 165 .......-......._____.____..._.._____...______.__ 387, 394, 456, 1249, 1468

Uninsured Motorists Fund Study Committee; create,

SR 77 ......-.--_.,,_---....--.----.------_-- 617, 689, 1177, 1212

United States Geological Survey; topographic maps of Georgia,

SR 60 .......--._--------...-----....-._--._--....__---------____._--._-._..._ .452, 514, 578

United States President and Vice-President; relating to succession,

HR 57 ..---..----_--____.__-_-...--_________-_..__..160, 166, 196

University System, Georgia; arrests by campus policemen,

SB 97 -------.---....._.-_...............123, 169, 281, 473, 550, 1306, 1665

Uninvested Trust Funds; require banks to secure,

SB 124 ....,,.._........._..______._......._.. ...-.--. .......211, 236, 519, 533, 598, 1637, 1667

Upson County; ordinary appoint clerk, HB 294 _.._.....----. 229, 235, 279, 413, 428

Upson County; ordinary's salary, HB 293 ----._.._.----.----.229, 235, 279, 413, 427

Used Motor Vehicle Parts, State Board of Registration for; create,

SB 33 ............................----............38, 46, 223, 256, 284, 1307, 1449, 1665

Utilities, Public; Assessing Property of, committee to study procedure,

SR 103 ---------------------..----------_........1162, 1309, 1657, 1658

V
Valdosta - Lowndes County; solicitor's salary, HB 789 .--.--1160, 1244, 1312, 1351 Vaughter, Alan; compensate, HR 249 ..._..........--...........-_._.....,,--.601, 631, 852, 1144 Veterans Service, Department of; gifts and grants,
HB 651 ...._.__..._...._________----_._____.__-..._...........-........._.-.. 765, 776, 847, 1310, 1594 Veterans; honorary drivers' licenses,
HB 247 ....----.........___._.._.... 289, 294, 325, 578, 1257, 1297, 1303, 1447, 1514, 1661 Veterans; honorary drivers' licenses, SB 143 ......._-....-..._.....266, 299, 361, 580, 672 Veterans, Disabled; provide license tags to,
SB 119 _.----------_----.__......____.--.._...___..._........_--.187, 218, 361, 440, 483 Vidalia, City of; corporate limits, HB 704 ----........_-..........756, 768, 841, 1174, 1193 Vidalia Development Authority; extension activities,
HR 281 _----___-____.____----._______-.____._.____-..________----...612, 633, 702, 1176, 1368 Viet Nam, Affirmation; urge participation, SR 69 ----_...--__--__----.....____,,.-- 645 Viet Nam; express sympathy with foreign policy, HR 14 ........_.__._.............--_29, 34 Viet Nam Policy; express support to U. S. Government, SR 3 ______....._--___7, 8, 40

1712

INDEX

Voter Registration; residency requirements, HR 166 .__________________,,...._._,,_____._,,__,,__.._........_.._____,,_..,,_.___.._.,,_ 1228, 1245, 1310, 1570
Voter Registration; residency requirements, SB 13 .____...___.....,,._......_. 13, 32, 641 Voting; residency requirements for, SR 10 --,,_..--._..,,..____________________ 34, 641
w

Wadley, City of; election of mayor and councilmen,

HB 610 __________.______________._..,,___...,,.-,,-__-__._.____-_-__.______________ 606, 627, 697, 786, 871

Wadley, City of; voter registration, HB 411 ..,,......._._____._.....,,.. 383, 396, 458, 517, 733

Wagering Occupational Tax Stamp; gambling device tax stamp,

SB 1 ___________________ 10, 30, 47, 89, 92, 142, 181, 1309, 1450, 1486, 1493, 1499, 1665

Walden, Judge A. T.; regrets at passing, SR 123 _.....__....__._..__._- _______________1626

Walraven, William; compensate, HR 230 1........._....._..........._..601, 630, 700, 852, 1142

Walton County; certain officials' salaries, HB 775 ._.._-1158, 1166, 1247, 1311, 1347

Walton County; tax commissioner's salary,

HB 776 ................

1158, 1166, 1247, 1311, 1347

Ward, Mr. Carroll; commend, SR 130 ___._..._..................................._.._._..__.__..._.........1627

Ward, Mr. and Mrs. R. E.; compensate, HR 174 ....._._.__.________496, 510, 572, 852, 1133

Ware County; commissioner's receipts and expenditures,

HB 761 _.....___._____-.._______-_.....,,_,,_____________........,,..,,_...._____________ 831, 838, 1169, 1311, 1344

Ware County; tax collector's commissions, HB 760 _________ 830, 838, 1169, 1311, 1344

Warner Robins, City of; establish civil service board,

HB 787 _______________________ ___.__..__.-..__..----.........-..--_-.1160, 1164, 1246, 1312, 1350

Warner Robins, City of; procedure, city court, HB 774 __________1158, 1165, 1247, 1311

Washington County; city court, salaries of judge and solicitor,

HB 609 -__-__________-____...._..._____.__._.,_---_____________-.___________.._._606, 627, 697, 1174, 1188

Washington County Sweet Potato Association; compensate,

HR 56 ________.._-_______.__......._......_.._..__________________________._.._....._...__264, 273, 304, 1172, 1475

Water and Air Pollution Control; tax exemption,

HR 39 ...__..__.____.____..............._.._.__._____..............._..._......____._.288, 297, 327, 578, 1616

Water Pollution Control; make grants to, HB 52 .___,,_____.__..208, 214, 238, 578, 1585

Water Quality Control Board, Georgia; powers,

HB 335 -_-_.___________________....,,___________.__...._._____,,______________. 347, 353, 408, 578, 1529, 1660

Water Resources Commission, Georgia; create, HB 509 .._..__... ....765, 778, 849, 1250

Waycross, City of; city manager appoint clerk,

HB 654 ______________ _________.____.__.._..............._.._,,__.. ._...,,_.__________ 609, 626, 696, 786, 878

Waycross, City of; date for municipal elections, HB 656 _______ 609, 627, 697, 786, 879

Waycross, City of; park and tree zoning committee,

HB 655 -.___-__________________________..._.._..-.,,,,_-.___________________ 609, 626, 697, 786, 879, 1205

Wayne County; authority to levy tax, HR 194 .,,._..__......,,,,...348, 354, 409, 577, 987

Wayne County; ordinary's salary, HB 736 _.___._.___.___......______760, 773, 844, 1174, 1195

Wayne County; superior court terms, HB 417 ___.____________________384, 397, 459, 577, 736

Wayne County; tax commissioner's salary,

HB 737 ________________.._...._..__._______.______...,,.....,,_________ _______________..._760, 773, 844, 1174, 1196

Waynesboro, City of; terms of city court,

HB 778

_______ _._______________._._____..._.1159, 1166, 1247, 1311, 1347

Weapons, Concealed; sharp pointed devices, HB 229 -__..__________ 388, 394, 456

Webster County; commissioner's clerk, salary,

HB 482 _______.___..._________________.__.__________.__..._____________________.__.._..__._.487, 502, 565, 785, 863

Webster County; ordinary's salary, HB 485 ___.._.._._..____._.________487, 503, 566, 786, 863

Webster County; sheriff's equipment, HB 499 -_____________._._488, 504, 567, 1175, 1203

Webster County; treasurer's salary, HB 667 ._________________._.,,__._,, 676, 683, 781, 786, 881

West Rome, Georgia High School Football Team; commend, SR 34 _______.________._____97

INDEX

1713

Wheeler County Development Authority; create, HR 185 .--....------------------------------------ 391, 402, 463, 577, 968
White, Honorable Robert A.; elected to State Highway Board ----------------114 White County; ordinary's salary, HB 771 --------1158, 1167, 1248, 1310, 1346 Whiteaker, Doyle F.; compensate, HR 172 ---- ---495, 510, 572, 852, 1132 Whitfield County; employees' group insurance, HB 623--607, 629, 699, 1174, 1189
Whitfield County; regulate hauling and dumping, HR 283 ----------------------------------------612, 633, 702, 1176, 1370
Whittle, W. L. and Garrison, W. B.; compensate, HR 79 --------- -----------------------------313, 320, 359, 852, 1125
Wilcox County; sheriff's salary, HB 365 -------------- 288, 296, 326, 517, 729
Wildlife, Instruction of; public schools, repeal, SB 123 ---------------------------- 211, 236, 281, 581, 672, 1306, 1666
Wilkins, Bertha and Morgan, Marie; compensate, HR 170 -- ......----.-- ....--.-- - -- --.-------------495, 510, 572, 852, 1132
Will, Probate of a; heirs not notified, HB 106 ....____... 210, 214, 238, 281, 1492, 1631 Williams, Mr. and Mrs. S. C.; compensate, HR 177 --------- 600, 630, 699, 852, 1135 Wills; may be attested before officer administering oaths, SB 16 ----------13, 33 Wills; notice to probate in solemn form, SB 215 -------------------------556, 637 Wills, Probate of; create interim committee to study, SR 68 __.____..._.__. 557, 637, 1657 Wilson, Charles L.; compensate, HR 168 .---------.,,.----..-495, 510, 571, 852, 1130 Winder - Barrow County; merge school systems,
HR 272 ----..--------------------------------612, 633, 701, 1175, 1418, 1662 Witness Fees; members of police force, HB 541 ....... 674, 681, 779, 1250, 1311, 1338 Witness Fees; state pay for sheriffs, police, etc., SB 203 __.._._............497, 561, 643 Women's College of Georgia Choir; extend invitation to, SR 75 _._.--. __...__..... .. 706 Woodbine Development Authority; create, HR 113 .... ..... 265, 274, 305, 414, 938 Woodbury, City of; election of mayor and councilmen,
SB 39 -------------------------------------- . ...........43, 51, 282, 361, 445, 613, 1666 Workmen's Compensation Board; salaries, HB 41 .----..-- 210, 213, 238, 307, 471 Workmen's Compensation Study Committee; create, SR 113 .......,,_____........._....... 1163 Worth County Industrial Development Authority; create,
HR 115 --.------...------------....----.------..------ ...----159, 168, 197, 414, 948 Workmen's Compensation Law; amend Code, SB 108 ---------------- 162, 192 Worth County; sheriff's salary, HB 181 ____._.____._.__._----..._..._..__156, 164, 194, 308, 363 Worthless Check; felony if in excess of $50.00,
HB 146 ----_.---..-------.-.---------------- 635, 668, 703, 1249, 1553, 1661 Wrightsville, City of; city court, solicitor's salary,
HB 608 ----....-------------------------------._.----606, 627, 697, 1174, 1187 Wrinn, Raymond J.; compensate, HR 176 -----------------495, 511, 572, 852, 1135

Y
Years Support; notice to tax commissioner, HB 439 ....................553, 560, 640, 1249 York, Willard; compensate, HR 26 ---------......---------..-264, 272, 304, 851, 1471 Young, Honorable J. E.; express appreciation to,
SR 98 -----...---_.-----.-----.------------ -123, 169, 360, 440, 445, 1636, 1667 Young Republicans Club, Georgia State College; commend, SR 102 ........--.--1161
z
Zebulon, City of; corporate limits, HB 394 .._.___....____.....___......._.384, 395, 457, 517, 730 Zoning and Planning Ordinances; governing authorities enact,
HR 40 ---..------.-----------------------------------------------..---288, 297, 327

1714

INDEX

PART II

SENATE BILLS AND RESOLUTIONS

SB 1--Wagering Occupational Tax Stamp; possession of, prima

facie evidence ..,,.----------10, 30, 47, 89, 92, 142, 181, 1309, 1450, 1486,

1493, 1499, 1665

SB 2--Jury Duty; persons exempt from ---10, 30, 171, 205, 1307, 1448, 1665

SB 3--Judges and Solicitors General; retirement

fund ------------,,,,------------------- 11, 30, 47, 52, 112, 118, 130, 181

SB 4--Service of Process, Civil Actions;

methods of ___.----------.-

-11, 31, 171, 176, 223

SB 5--Referendum Elections; clarify provisions for

calling --........---- ----._____ ___----.---- 11, 31, 88, 117, 162, 1636, 1666

SB 6--Satisfaction of Executions; procedure connected

therewith - ______------11, 31, 171, 180, 205, 1636, 1666

SB 7--Sand and Gravel Haulers; protective measures .--------11, 31, 307, 367

SB 8--State School Superintendent; compensation ..,,__------......----.12, 31, 281

SB 9--State Loyalty Oath; amend _._------------------......... 12, 31, 89, 9JQ, 119

SB 10--Full-time Firemen; maximum hours allowable --------12, 32, 851, 1113

SB 11--Georgia Educational Improvement Council; additional

members ..------.--............--------...-..12, 32, 89, 90, 199, 223, 1305, 1666

SB 12--Motor Vehicle License Plates; special issuance of -.......------..--.-12, 32

SB 13--Registration of Electors; residence requirements ........----...13, 32, 641

SB 14--Contracts; binding for 18 year-old married

persons ----.....------...........--...13, 32, 113, 117, 152, 1308, 1444, 1665

SB 15--Property Taxes; method of paying in certain

counties ----....--------------------___-------- _.__------------_---------- 13, 32, 74

SB 16--Administration of Estates ______--_.----_.-_------ ._......_---------- 13, 33

SB 17--Fannin County; terms of superior court ----..13, 33, 40, 58, 67, 155, 483

SB 18--Pickens County; terms of superior court --13, 33, 40, 58, 67, 155, 483

SB 19--Alcoholic Beverages; legalizing and controlling of in

municipalities ------------29, 39, 329, 341, 379, 1308, 1457, 1476, 1522

SB 20--Assault and Battery; persons assaulting enforcement

officers ---------.,,------.__.._._____...._._...._---.__..__----,,--------------.30, 39

SB 21--Mental Health Division; create within public health

department -.------------------------..---- ------------36, 44, 198, 431, 482

SB 22--Insurance Companies; fees and taxes ------..___._--.-..__--___.......36, 44

SB 23--Georgia State Patrol; additional powers .....----....------..----.36, 44, 113

SB 24--Georgia Bureau of Investigation; additional

powers.--..------ -----------_------------------------,,__------..__--.....36, 44, 113

SB 25--Department of Public Safety; submission of certain

information ---- 36, 45, 223, 253, 284, 1241, 1266, 1301, 1494, 1664, 1665

SB 26--Persons Convicted of Auto Theft; license automatically

revoked -.----...----....----.....----....----...37, 45, 113, 115, 152, 387, 483

SB 27--Unlawful Sale of Motor Vehicle; change penalty for

violation .............................37, 45, 113, 116, 152, 387, 483

SB 28--Motor Vehicles and Parts; prohibit sales without

serial numbers ----------------37, 45, 223, 252, 284, 1608, 1621, 1624, 1665

SB 29--Motor Vehicles; definition for larceny of--------37, 45, 223, 256, 284

SB 30--Conspiracies; definition of certain ones a crime ------.._..._----37, 46

SB 31--Criminal Cases; jury hear prior criminal record --------...------..-38, 46

SB 32--Non-taxed Liquor; unlawful to transport within

municipality ------...------..----...----.....---------------......----..--38, 46

INDEX

1715

SB 33--Used Motor Vehicle Parts; create state board of registration ...--- 38, 46, 223, 256, 284, 1307, 1449, 1665

SB 34--Property Insurance; company make fire inspection ._._.,,,,...._._..._... ....... -_._..-.--.-.-.....-- 38, 46, 113, 204, 223

SB 35--Atlanta, City of; corporate limits._._. 38, 46, 328, 468, 482, 1554, 1559, 1564, 1604, 1605, 1608, 1629, 1630, 1665

SB 36--Explosive Device; unlawful to make false report ..........................__..-....___-_...__.-..................__-...._.42, 50, 113, 129, 181

SB 37--Insurance Cancellations; accompanied by tender of unearned premium ..___....___..,,,,_.-...--...... ..............,...-- -. - 43, 50
SB 38--Searches and Seizures; procedures for ........_._..._.- 43, 51, 466, 646, 826, 1599, 1600, 1665
SB 39--Woodbury, City of; majority vote for mayor and

councilmen

._ _

. _ 43, 51, 212, 361, 445, 613, 1666

SB 40--Jury Trials; judge impose sentence _.--..,,,,--........_--.43, 51, 466, 534, 598

SB 41--Home Health Care; chronically ill and

aged ...,,.._-..........................._.__,,_...._.. 43, 51, 409, 650, 826, 1274, 1282, 1665 SB 42--Atlanta Judicial Circuit; abolish fee system in
superior courts .-_._-_..--_-.___,,,,--.....,,._,,__........,,,,._.._.___.,,_____,,....._.__..,, 44, 51 SB 43--Adoptions; relating to time limit ........ 44, 51, 75, 171, 182, 206 SB 44--Venue, Criminal Cases; method of changing _._.,,._....._....... 56, 66, 581 SB 45--County Boards of Education; change
compensation ---.-...---.56, 66, 221, 255, 256, 260, 598, 1308, 1453, 1665 SB 46--Cosmetologist and Beautician; clarify

definition ----____.__.__,,--_.__..______.57, 66, 329, 342, 379, 1241, 1266, 1665

SB 47--Fluoridated Water; county, municipality make determination --------------------------------------
SB 48--Alcoholic Beverages; prohibit advertisement

57, 66, 850

of ......... --------------------------------. 57, 66, 329, 338, 379 SB 49--Sales Tax; exempt drugs and medication -------------------- 57, 66 SB 50--Municipalities; power to repair, demolish certain

buildings

-- _....---- .

62, 86, 706, 708, 826, 1235, 1236

SB 51--Georgia Bar; educational requirements for

admission _--_.------_ ._.------_-------- 63, 86, 171, 182, 206, 456

SB 52--Public Service Commission; safety relating to

railroads ---_---_------_----.--------.--------------------_.__ 63, 86, 642

SB 53--Statute of Limitations; relating to improvement to real

property --_.----------------- ----63, 86, 281, 369, 371, 445

SB 54--Inspection of Public Records; boards, bureaus, commissions -------------------------------------63, 86, 307, 373, 445

SB 55--Ship Registration; require identification .--------63, 86, 198, 205, 224, 1154, 1239

SB 56--State School Superintendent;

compensation ----------------75, 103, 281, 445, 479, 549, 1505, 1562, 1665

SB 57--State Highway Department; accept federal monies --------..-._----_--.75, 103, 518, 584, 652, 826

SB 58--Employment; prohibit discrimination because of age ------------75, 104

SB 59--Local Pension Systems; relating to legislative service .-....-- ----.-------._--------------.-------- 76, 104, 222, 521, 549

SB 60--State Employee Retirement System; legislative and military time _--------_----_--------------------.-- 76, 104, 222, 522, 550

SB 61--Sheriffs' Retirement Fund; relating to military

service ..................................

.76, 104, 222, 522, 550

1716

INDEX

SB 62--Teachers' Retirement System; military

service ________._______._..___.-_-~-____-_------_-_-76, 104, 222, 522, 550

SB 63--Solicitor General Emeritus; pension relating to

military service -_..___._-.____-_._____._-__-_________--______76, 104, 519, 523, 550

SB 64--Superior Court Clerks; pension relating to military

service ... ... ------

..76, 105, 222, 524, 550

SB 65--Judge Emeritus, Superior Courts; pensions relating to

military and legislative service .__.......__.._..._...._._.__77) 105, 519, 525, 550

SB 66--Teachers' Retirement System; out-of-state

service ...__.__._____........____..__-........___.........._77, 105, 223, 527, 550, 1465, 1666

SB 67--Peace Officers' Annuity and Benefit Fund; penalties

and interest on funds -_..__....._..-__...77, 105, 223, 528, 550, 1155, 1665

SB 68--Pension Retirement Bills; introduce first ten days of

session .........,,_..____. 77, 105, 223, 256, 284, 1305, 1666

SB 69--Advisory Committee on Retirement Systems; create ._____.,,..,,--__77, 105

SB 70--State Law Department; employment and removal of

assistants ..........._.___._._-.._...........-_________-.....-...--_-___--..-..___....--.-___78, 106

SB 71--State School Building Authority; compensation certain

members ..__...._...__..______.._. _-_^..._.....---._---. ..... 78, 106

SB 72--Air Quality Control; health department determine

factors responsible ... _.__..,,__ ...._._------....----._...-.- 78, 106

SB 73--Grants for Medical Facilities; state make to

counties ...._,,______..__,,__--._________-~--78, 106, 409, 654, 672, 1305, 1666

SB 74--Georgia Health Code; enforcement and administrative

procedure ................ ^..................... -._^..-_.-____..,,........ 78, 106, 409

SB 75--Drivers' Licenses; public safety director revoke under

certain conditions __.___._____.____,,_-___._.___-___..-~~_________..79, 106, 223, 257, 284

SB 76--Eminent Domain; condemnation proceedings, service

on non-residents ......_.._...___..__....._. 98, 124, 410, 478, 550, 1464, 1666

SB 77--Funeral Establishments; licenses ......._98, 124, 282, 444, 483, 1305, 1665

SB 78--Funeral Service Contracts; provide for

pre-need ......_......__._.__.....-__._._....98, 125, 282, 444, 483, 1294, 1476, 1665

SB 79--Local School Boards; hiring of personnel ......_..--...._.........,, 98, 125, 221

SB 80--Dangerous Drugs; dispensation of _.__..98, 125, 197, 202, 224, 1155, 1665

SB 81--Larceny of Motor Vehicles; punishment for second

conviction ...----..__..-.._-,,,,.......-...-..... ,,,,...._ _.............. 98, 125

SB 82--Georgia Insurance Code; definition of controlled business

of a person .---..__----.---_-._.--._._..--__-._______...____... ....99, 125, 466

SB 83--Expenditure of State Funds; explanation accompany

legislation .... ._._.__.__---.._._.___._--__-_-__..__.___-..______._...99, 125, 223, 474, 550

SB 84--School Bus Drivers; minimum salaries ___--__.._.__........_-.99, 125, 221

SB 85--Public School Personnel; statewide tenure

law .____.......-_.__-___......_.____....._.-___.....99, 126, 221, 259, 372, 381, 433, 445

SB 86--State Senators; elections by

districts ......____...........___......__._....._.....99, 126, 223, 309, 342, 1630, 1666

SB 87--Trial Procedure; revise, supercede and modernize

in civil cases -..__.-_.__..._...-__,,....,,_.........._._.....__._.....____....__.__.100, 126, 1177

SB 88--Regulated Certificated Banks; provide for

incorporation .__.._......_._._.......122, 168, 280, 434, 483, 1241, 1261, 1300,

1483, 1484, 1665

SB 89--Private Banks; must be organized under State and U. S.

Banking Laws __......122, 168, 280, 439, 445, 1242, 1262, 1300, 1483,

SB 90--Optometry; appeals to board of

1485, 1665

examiners __.-_-...-.-__........_.._.___......__122, 168, 197, 339, 379, 1305, 1665

INDEX

1717

SB 91--Houston County; coroner's salary ----------------------------122, 168 SB 92--Day Care Centers for Mentally Retarded; standards
required ------.------------.122, 169, 198, 206, 241, 249, 259, 1306, 1665 SB 93--Honeybee Colonies; inspection by Agriculture
Department -....._------------,.--------.123, 169, 306, 579, 672, 1306, 1665 SB 94--Savannah Municipal Court Judges;
compensation ----.------------------123, 169, 412, 414, 483, 613, 1239 SB 95--Capital Offense; separate trial, two or more persons
jointly indicted --_....._ .___.. --..... ..........___.... ..123, 169 SB 96--State Highway Department; mileage allowance for
employees--...-----._--------------------------------123, 169, 1177 SB 97--University System Campus Policemen;
arrests ____.--------.--..----------...._-. ..123, 169, 281, 473, 550, 1306, 1665 SB 98--State Public School Teachers;
retirement .------_._.__--------..._------..123, 169, 360, 440, 445, 1636, 1667 SB 99--Greenville, City of; corporate limits ..-160, 191, 282, 362, 445, 613, 1665 SB 100--Georgia State Board of Pharmacy; filling
vacancies __...------_..----_.---------.....160, 191, 198, 252, 284, 1155, 1665 SB 101--Georgia Insurance Code; non-profit medical
service corporations __....__.----------..--_.----_..------. 160, 184, 191, 578 SB 102--Trust Companies; incorporation and
organization _------._._----_..------------. 160, 191, 519, 527, 550, 1636, 1667 SB 103--State Board of Education; school systems
rulings ..........._...------.----.----...----.--.----..------ 161, 191, 221, 442 SB 104--Unemployment Compensation Law; modify and
change .------.------___----__----..----..-------.____...161, 191, 306, 447 SB 105--Dental Scholarships; provide dental service in certain
areas __..--.__.......__----_-....._...----_.....------.....--..------_----------.161, 191 SB 106--State Employees who Contract Tuberculosis;
compensation ------------------____..._--..--_...__------_..---- 161, 192, 309 SB 107--Drivers' Licenses; extension, citizens out of country --._,,__.__. 161, 192 SB 108--Workmen's Compensation Law; amend Code --....._..........__........162, 192 SB 109--Minimum Foundation Program of Education; minimum
sum needed by local unit _.----..--------................ 162, 192, 221, 479, 550 SB 110--Houston County; commissioners .._._--..__.162, 192, 222, 241, 284, 555,
1666 SB 111--Perry, City of; councilmen's salaries ----.--------..162, 192, 222, 242 SB 112--Loose Earth Haulers; protective measures --------------.--.....162, 192 SB 113--Superior Court Judge Emeritus; serve in any judicial
circuit --..----.-----------------.-........ 162, 193, 1092 SB 114--Graduate Nurse; registration
qualifications -...........--....................187, 217, 282, 443, 445, 1154, 1666 SB 115--Jurors; maximum number that may be
drawn _------------._..------_....------....187, 218, 281, 374, 445, 1637, 1667 SB 116--Office of Local Affairs; create .........--------..--_----..----------187, 218
SB 117--Baldwin County; sheriff's salary ----187, 218, 576, 707, 826, 1242, 1666
SB 118--Teachers' Retirement System; employer contributions --------187, 218
SB 119--Automobile License Tag; disabled veterans ........187, 218, 361, 440, 483
SB 120--Automobile Safety Belts; installation ..----------188, 218, 280, 666, 826
SB 121--Automobile Safety Belts; all new models to pass inspection -.____---_-...-_----__--___--._._.--..--.188, 218, 280, 670, 826
SB 122--County Officials; indictment for malfeasance ................__.......__.188, 219
SB 123--Public School Curriculum; include conservation and wildlife .------___...__--.___--------_----211, 236, 281, 581, 672, 1306, 1666

1718

INDEX

SB 124--Uninvested Trust Funds; secured by additional

obligations .__.._______________.__...__..__________....211, 236, 519, 533, 598, 1637, 1667

SB 125--Reciprocal Insurance; define ..__......_.. ........--...----- 212, 236

SB 126--Jurors and Court Bailiffs;

salary _...... _

._ _ 212, 236, 281, 474, 550, 1306, 1666

SB 127--Traffic Violations Bureau; judges may

establish ____..._._______.____._____..___.____.212, 236, 282, 336, 379, 1307, 1455, 1666

SB 128--Superior Court Judge Emeritus; serve in any judicial

circuit ,,.-,,...-.-...._--._..____--____,,--...__.--.---.-.-. ...212, 236

SB 129--Pauper's Affidavit; truth contested in an

appeal .._._...._._........_...........___....___..._..212, 236, 643, 665, 826, 1465, 1666

SB 130--Tax Digest; delete compilation by

race ...__._..........__.._........._..........__.212, 237, 281, 540, 598, 1307, 1446, 1666

SB 131--Bail Trover; confinement for non-security ___.___.213, 237, 643, 1091, 1151

SB 132--State Highway Board; filling of vacancies _.............__..._._.__........ 213, 237

SB 133--State Highway Department; extend merit system

coverage ...... __.____..____... 213, 237, 307, 483, 550, 1666

SB 134--Statutes; additional time when final date falls on

holiday ____.....____________.____..______._._...._.__.._.__.._.__._________.230, 275, 643, 666, 826

SB 135--Teachers' Retirement System;

pensions ........... __.._,,,,._._._ 230, 275, 642, 655, 672, 1305, 1666

SB 136--Sufficiency of pleadings; amendments

to _____._......._._____....____.__-.__..____---__.._~~-230, 275, 643, 669, 826, 1465, 1665

SB 137--Employees' Retirement System; benefits for future

employees __._...._-.._..__..___.___..__.__._______.__.____-.-.~._..._..___-230, 275, 360, 597, 672

SB 138--Motor Vehicle Title Act; destruction of

manufacturer's serial plates ......_.___-_..._....230, 276, 465, 472, 1155, 1665

SB 139--Driver's License; minimum age ...._._.___.-... .....231, 276, 411, 481, 550

SB 140--Driver's License; applicant complete high school __....,,_.....-- 231, 276

SB 141--Four-wheel Trailer Without Springs; no licensing

required ......___........,___........._._.......266, 298, 306, 655, 672, 1483, 1490, 1666

SB 142--County Digests; equalize tax assessment __._..._._ 266, 299, 465, 1092

SB 143--Drivers' Licenses; honorary to certain

veterans ..__-__........_.-_.._....._____-__--_______.___.__.-_.____._..__.266, 299, 361, 580, 672

SB 144--Georgia State Scholarship Commission; budget unit

within executive branch ___._-_._____.._.._266, 299, 519, 557, 672, 1306, 1667

SB 145--Georgia Higher Education Assistance Corporation;

budget unit

.

.

. 267, 299, 519, 660, 826, 1306, 1666

SB 146--Georgia Higher Education Assistance Corporation;

budget unit _.._.__._....__._,,.._...__,,...__._.....-...__.-............__..._._._..___...267, 299

SB 147--East Point, City of; amend charter ....................267, 299, 706, 724, 802

SB 148--East Point, City of; amend

charter ..........,,_._.__......... 267, 299, 412, 414, 483, 833, 1666

SB 149--Hapeville, City of; detach certain

areas ..._..._.____......................... 267, 300, 412, 414, 483, 833, 1666

SB 150--East Point, City of; annex certain

areas .-..__........._._._.__..._....___.......___._..............._......_.._.267, 300, 412, 415, 483

SB 151--State Employees' Retirement System; future employee

benefits .............. ................_.__........_._._.........._.__.......-___.._...._____......._.268, 300

SB 152--Taxation Intangible Property; no report less than $5 ..........._.__ 268, 300

SB 153--Corporations; full privileges resumed upon full payment of

taxes ....._............_........__...........__.....,,___....,,......_.......__._..._...._.___ 268, 300, 349

SB 154--State Income Tax; deductions for service-connected

disabilities _....._..._.._......_._._.____..__,_.__..._...... 268, 300

SB 155--National Memorial Day; public and legal holiday .............. 155, 268, 300

INDEX

1719

SB 156--Teachers' Retirement System; local retirement fund members -----,,-------------------------.--------_------268, 301
SB 157--Senior Judge Superior Court; appoint jury clerk --.------------.----..269, 301, 547, 576, 718, 826, 1308, 1555, 1666
SB 158--Drugs, Medicines, Poisons; dispense under certain conditions -----._------._-----------.269, 301, 360, 666, 826, 1464, 1667
SB 159--Nudism; against public policy of Georgia ..._______----.__----------290, 321, 360, 546, 598, 1476, 1501, 1635
SB 160--Primary Elections; assistance to certain persons ------------290, 321 SB 161--Attorney General; defend state officials and
employees, certain offenses --------------------------------290, 321 SB 162--State Budget Officer; furnish fiscal notes --------------------290, 322 SB 163--Motor Vehicle Theft; reward by governor -----------------------291, 322 SB 164--Interstate Compact on Mental Health; Georgia to be
a. party to ............._...,,_ .._____-------------- 291, 322, 411, 472, 550 SB 165--Minimum Wage Law; establish minimum wage .----------__..291, 322, 410 SB 166--Desecration of Burial Place; punishment
for .................... ............................ 291, 322, 466, 534, 598 SB 167--Poisonous Snakes; punishment for
handling _.._--.------------.----------------_.----....291, 322, 466, 793, 826 SB 168--Narcotics; penalty for furnishing to
minor __.._._...-....___--------.----------------.__....--.292, 322, 466, 791, 1151 SB 169--Insurrection; punishment for ----------....------292, 323, 855, 1149, 1238 SB 170--Death Penalty; jury must recommend .--------------.292, 323, 618, 643 SB 171--Rapid Transit Interim Study Committee; referenda precede
further participation ----------292, 323, 579, 670, 826, 1307, 1447, 1665 SB 172--Minimum Hourly Wage; penalty for failure to
pay _--_-,,.--_--------___----------------------.------ 292, 310, 323, 520 SB 173--School Property Tax Digest; provisions in
establishing ....----.__ 293, 323, 378, 519, 1092, 1151, 1554, 1555, 1666 SB 174--Teachers' Retirement System; voluntary
contributions --.--------------------_--------------293, 323, 360, 596, 672
SB 175--Cobb County; create office of medical examiner ----.....--------.--------.--------315, 355, 412, 415, 483, 833, 1666
SB 176--Day Care Service for Children ------------------..-------- . 315, 355, 850 SB 177--School Lunchroom Personnel; minimum wage -----------316, 355, 520 SB 178--Primary Candidates; time for qualifying------ 316, 355, 518, 540, 598
1154, 1667 SB 179--State Revenue Commissioner; duties -----------.316, 355, 520, 794, 826 SB 180--Atkinson County; qualifications of
judge -..---.....----_------------------. 316, 356, 412, 415, 483, 613, 1667 SB 181--Pulton County; create office of justice of the peace
emeritus __.__,,.....___-----.-.-_--.--------------------.----_._ .316, 356
SB 182--Annexation of Contiguous Territory; additional methods --------..... 350, 405, 465, 468, 550, 797, 1151, 1274, 1456, 1487, 1503, 1630, 1667
SB 183--Fiscal Affairs Sub-Committee; create -------------------------- 316, 356, 465, 469, 483, 1308, 1469, 1667
SB 184--Estates; executors and administrators ----------------------350, 405 SB 185--Guardian for Minor; dispense with when personal
property less than $100 --____--.----------------..----.__... 350, 405, 643 SB 186--Capital Punishment; abolish ------------------------...------.. 350, 405 SB 187--Atlanta, City of; amend charter ----.350, 405, 412, 467, 550, 679, 1667 SB 188--School Children; transfer to adjacent schools ..----......... 351, 406, 520 SB 189--Credit Unions; procedure for incorporation ... 392, 455, 853, 1096, 1151

1720

INDEX

SB 190--Hotel Keepers on Beaches; relating to lifeboats _.._--___..._ 392, 455, 706 SB 191--Alcoholic Beverages; unlawful to sell on certain holidays ..______. 392, 455 SB 192--Alcoholic Beverages; relating to minors _......._._....___,,__________....._._392, 455 SB 193--Alcoholic Beverages; written authority from parent _.....-_._..__. 393, 455 SB 194--Fulton County; appointment of deputy
ordinary _....-_-_-_-_-__----_.----- 393, 455, 576, 707, 826 SB 195--State Revenue Tag Agents; compensation _..-___--.---- -- 451, 513 SB 196--Maysville, City of; election of mayor and
aldermen _._________________.________.......451, 513, 576, 707, 826, 1478, 1482, 1667 SB 197--Atlanta Coastal Tourist Commission;
create __._..__._.........._.....________--........_.___________.._-........451, 513, 787, 1095, 1151 SB 198--Certain State Officials; compensation ________._.___._..___ 451, 513 SB 199--Department of Archives and History; branch
depository ..,,._- ......_..._._........ 451, 514, 583, 598, 641, 1154, 1667 SB 200--Student Honors Program; include pupils in private
schools .._._._---__..._......______.__.._._.._....___________._-..-._.__--_________...______.____.___.452, 514 SB 201--Probationary Sentence; reduced in county other than
county of conviction _...___-______..__...._.._452, 514, 643, 668, 826, 1465, 1667 SB 202--Jackson County; sheriff's salary ..._____555, 636, 1173, 1179, 1238, 1478,
1479, 1666 SB 203--Witness Fees; state pay for sheriffs, police, etc. .___._,_____.___497, 561, 643 SB 204--Atlanta Judicial Circuit; additional
judge .......__-_________.__..__._________.._..___.._____....__...497, 561, 643, 1111, 1212, 1238 SB 205--Mechanics and Materialmen's Liens; discharge of __-- _--497, 562, 643 SB 206--Jackson County; commissioners' salaries ________....____555, 636, 1173, 1179,
1238, 1461, 1667 SB 207--Professional Strikebreaker; unlawful to employ-
non-resident ------------.____---....____________..--_--_____.____________________._ ----498, 562 SB 208--Naturopathy; punishment for unlawful practice .....___._....._498, 562, 643 SB 209--Cooperative Services for Blind; credit for service ...----.,,..._._..498, 562 SB 210--State Department of Industry and Trade;
publicize advantages of state........._._.__....._......498, 562, 851, 1099, 1238 SB 211--Savannah, City of; employees pensions _.....____.._.452, 514, 576, 724, 826 SB 212--Agricultural Terms; define ....... 498, 562, 787, 1215, 1238, 1637, 1667 SB 213--Non-Domiciliary; provide for personal jurisdiction.--...____._........498, 562 SB 214--Real Estate Titles; clearance of
defects ........_.........____.._.....____._..__.....5B6, 637, 855, 1093, 1151, 1637, 1667 SB 215--Wills; notice to probate in solemn form .--........._._....._______...........556, 637 SB 216--Milledgeville, City of; election
date __..__.._........_...._._._.........___........._.556, 637, 784. 1062, 1151, 1461, 1667 SB 217--Milledgeville, City of; date city
taxes due ..._....__...__....__.___.....___ _______ 556, 637, 784, 1062, 1151, 1462, 1667 SB 218--Fulton County; tax payments _.,,_.____ ._._.._,, 556, 637 SB 219--Realty; obtaining good title by adverse possession.___-..-_________..__556, 637 SB 220--Picketing and Demonstrations; prohibit around
certain buildings ________....------------..------. -___________.....-__._____...._____557, 638
SB 221--State Education Funds; use to replace or modernize school facilities _________.____.__.._ 557, 638, 1173, 1217, 1238
SB 222--Non-support of Dependents; special probated sentence..._______.__ 557, 638
SB 223--Non-Resident Plaintiff; deposit of costs ._.._............___.._._.__......... 615, 687
SB 224--Hospital Authorities; salary of members _,,___________,,_________.___.______ 615, 687
SB 225--Richmond County; create office of building inspector__...... .......615, 687
SB 226--Teachers' Retirement System; board members __.___...._.__________ _._615, 688
SB 227--State Highway Department; acquisition of rights-of-way_______ 615, 688

INDEX

1721

SB 228--Limited-access Highways; advance acquisition of rights-of-way ._.----------.----.--_---.-------------616, 688
SB 229--Gwinnett Judicial Circuit; solicitor general's salary .----._...----....-.---._----_---------------------616, 688, 1178, 1238
SB 230--State-supported Colleges; prevent certain persons from speaking ----------------------------------616, 688, 825
SB 231--Public Health Department; use funds for correction of physical defects ----------------616, 688, 1152, 1177, 1238
SB 232--Motor Vehicle Certificate of Title Act; titles------.--------------616, 688 SB 233--State Officers and Officials; mileage allowance--------616, 688, 1177 SB 234--Fulton County; interest on taxes -.----...........617, 639, 784, 1063, 1152,
1533, 1632, 1667 SB 235--Dispossessory Warrants; property moved from premises------617, 639 SB 236--Augusta, City of; municipal court
personnel --------------.....__. 617, 639, 854, 1063, 1152, 1241, 1263, 1667 SB 237--Miller County; sheriff's
salary --------..------,,.------680, 778, 1063, 1152, 1173, 1274, 1295, 1667 SB 238--Bulloch County; salaries, superior court
personnel ------__--------__------____.680, 778, 1173, 1179, 1238, 1462, 1667 SB 239--Chattooga County; salary and duties of
sheriff and staff ----------------766, 840, 1173, 1178, 1238, 1462, 1667 SB 240--Employment Security Law; benefits ___.----_ _..------_----------....766, 840 SB 241--Georgia School Curriculum; include course in
Negro history ----------------------..__...__.......------.. ----------------.767, 840 SB 242--Atlanta, City of; retirement of policemen .---------------------- 767, 840

NUMERICAL INDEX SENATE RESOLUTIONS

SR 1--Notify House Senate has convened ----------------------.--------------7, 8

SR 2--Senate Rules; adopt .. ...._....--.-- --.------.------..------. ..7

SR 3--Expressing Support to U. S. Government in Vietnam Policy.. .7, 8, 40

SR 4--Senate Rules; amend Rule 198-------------------------------- 33, 47, 51

SR 5--Committee to Study Collection Agencies; create ..-------------- 33, 465

SR 6--Calling Constitutional Convention _--.----__------_._.----.------__------._-- 33

SR 7--J. M. "Hoot" Gibson Bridge; designate ------------------ 33, 89, 91, 119

SR 8--Amend Constitution; method ----..------------------.------ 33, 410, 584, 598

SR 9--Amend Constitution; exempt household effects,

ad valorem tax ._-..._------.-_.----_------___---- 34, 88, 148, 153, 173, 206"

SR 10--Amend Constitution; residence requirements for voting...--.--. 34, 641

SR 11--Public Transportation; taxation

for _--.--_-----.---------------- 30, 40, 88, 150, 181, 1602, 1603, 1665

SR 12--Homestead Exemption; disabled persons

on fixed income ..------.-------------- -- 30, 40, 307, 547

SR 13--Federal Income Tax; state retain ten per cent .....----.------.34, 41, 48

SR 14--Amend Constitution; succession to office of

governor ...... -------------------- --

39, 47, 307, 1218, 1238

SR 15--Farm and Forest Land; uniform method of

assessment ---- --------------------------_--------39, 47, 89, 139, 181

SR 16--Senate Rules; amend Rule 198 relating to retirement committee ... .--50

SR 17--Lockheed Corporation; commend .--------------..--.------.------ 56, 67, 74

SR 18--Hon. Albert F. Moore; commend ---------- .....------..-------- .--...----....56

SR 19--Amend Constitution; slum clearance------------------ -- ----.-- 57, 67, 822

SR 20--Georgia Tech-Georgia Football Game; television of ...... ...--.56, 67, 74

1722

INDEX

SR 21--Thomas J. Cooley Bridge; designate ---- . ... .---- ......._. 64, 87

SR 22--Commission on Honesty in Government; propose ------------ ...-64, 87

SR 23--Honesty Code for Public Officials; propose -.__._-.-.__-.__.--.....--..64, 87

SR 24--Charlie Lay Bridge; designate --..---- --------64, 87, 308, 1213, 1238

SR 25--Amend Constitution; highway

beautification --------....------79, 107, 466, 590, 598, 1464, 1532, 1667

SR, _ .....86,--Amend Constitution; define police power of the state ...............-79, 107

SR 27--Department of Industry & Trade; promote

tourism _......_...._................_........_....._._...79, 107, 307, 795, 826, 1464, 1666

SR 28--Amend Constitution; burial plots not for resale,

exempt from taxation ............_......._...........__............__....._..........._._....100, 126

SR 29--Amend Constitution; state school board and

superintendent elections ....._.................._.... 100, 126, 411, 541, 814, 826

SR 30--Pluoridation of Water; create interim

study committee -..---_.---------.-------------------- 100, 126, 1657

SR 31--Amend Constitution; election of state school board

and superintendent ------------------.-------- .._--.100, 126, 154, 281

SR 32--Hon. Charles M. Black; commend ------------.._----___----__._--______----97

SR 23--Municipal Officials; welcome

...-....._.-....__-- 97

SR 34--West Rome. Georgia, High School Football Team; commend...------..97

SR 35--Hon. Paul Kennedy; commend ------------------------------------_...97

SR 36--Senate Rules; amend -----------...-------- ..-------- 124, 170, 280

SR 37--Highway Improvement; accomplish in expeditious manner..----...--186

SR 38--Area Schools; authorize establishment

of ------------.-- -.----....-188, 219, 520, 816, 1097, 1152, 1494, 1666

SR 39--Cherokee County; board of education

members --------------....--..----188, 219, 784, 887, 1238, 1462, 1667

SR 40--Motor Vehicle Inspection Law; create study committee---188, 219, 1657

SR 41--Fulton County; create mental health study committee --------189, 219

SR 42--Mrs. Bernice McCullar; commend .------------------ -.229, 284, 315

SR 43--Hon. Bill Callaway; commend -..--------------.. -- ..---...--186

SR 44--Hon. Henry Castleman; commend on birthday ...-- ------------------..186

SR 45--Cobb County; incorporation of territory .-------------------- --213, 237

SR 46--Constitutional Amendment; meetings of General Assembly --231, 276

SR 47--Cobb County; board of

education .-----------.-...-231, 276, 854, 889, 1238, 1526, 1599, 1666

SR 48--Hon. Paul Stewart; commend-----...-----------..----.....--.....-----..380

SR 49--Criminal Records System; create study

committee .......--.....--..-- ....------------------ 269, 518, 672, 1636

SR 50--Georgia State College; change name to

Georgia State University ----.._------------ ..------------...----------380

SR 51--Governor-Elect; succession to office in event of death ------ -.293, 323

SR 52--Senate Rules; amend ---------------------------- 293, 324, 518, 1148

SR 53--Senate Rules; amend rule 37------------------------------------293, 324

SR 54--Georgia Congressional Delegation; urge to oppose

federalization of unemployment insurance ---------- ._----..----------380

SR 55--Walter Franklin George;

memorial ---------------------------------- 293, 360, 669, 826, 1307, 1666

SR 56--State Highway Department; commend----.----...----.....--------.----380

SR 57--Constitutional Amendment; financial participation

in counties -- _.-...-- .....---._......--.._._---------- 393, 456, 642, 1100

SR 58--Jefferson Davis Highway; erect appropriate markers -------- 393, 456

SR 59--Constitutional Convention; revise constitution of Georgia ----452, 514

SR 60--U. S. Geological Survey; topographic maps

of Georgia ..------------------------ ........___..------------..-- 452, 514, 578

INDEX

1723

SR 61--State Properties Control Commission; lease property to Sonoco Products --.------499, 562, 1176, 1215, 1238, 1636, 1666

SR 62--State Game & Fish Commission; stock lakes

owned by state ----------------------------------499, 563, 787, 1084, 1152

SR 63--Department of Public Safety; employee killed when on duty...--.-----------------------------499, 563

SR 64--Atlanta, Fulton & DeKalb Counties; establish

local government commission ----------__.. .499, 563, 784, 855, 856, 1152,

1563, 1632, 1666

SR 65--State Liaison Office in Washington, D.C.;

create interim committee to study

feasibility of --.----------.------------------499, 563, 1084, 1152, 1637

SR 66--Polk County-Cedartown; merger of

school systems ----..-_..----._____--_ 500, 563, 644, 1054, 1238, 1462, 1667

SR 67--Lumpkin County; school superinendent

appointment ------_----...____----______ 557, 638, 784, 892, 1238, 1462, 1666

SR 68--Probate of Wills; create interim committee

to study -..----.----------..--.

557, 637, 1657

SR 69--"Affirmation Viet Nam"; urge participation ----..__--------_______--..645

SR 70--Georgia Ports Authority; execute

assurer agreement with U. S. Corps

of Engineers ..____.... 558, 638, 787, 1091, 1152, 1483, 1505, 1551, 1552

SR 71--Motor Vehicle Identification; create national

study committee ____..------_--___----.___.--__._._--..----..558, 638, 705, 1295

SR 72--Motor Vehicle Identifying Standards; create

interim committee ------.___..._--------________--______......._. ....... 558, 638, 1627

SR 73--Atlanta-Fulton County; establish local

education commission .--_________.__.. 558, 638, 784, 859, 1152, 1462, 1667

SR 74--State Scholarship Commission; obtain

federal funds ..__...----_------,,_.____. 617, 689, 851, 1111, 1238, 1464, 1667

SR 75--Women's College of Georgia Choir; extend invitation to ------------706

SR 76--Special Milk Program for Children; federal appropriations ..____._ 834

SR 77--Uninsured Motorists Fund Study Committee;

create ----..__...-_........__.......__,,..,,._..___.__.__,,.__._____,,_...617, 689, 1177, 1212

SR 78--Justices of the Peace; jurisdiction in civil cases ..------_.______. 617, 689

SR 79--Jasper Industrial Development Authority;

create ___......------__.-__------___.___._ 618, 689, 784, 894, 1238, 1463, 1667

SR 80--Air Pollution Study Committee; create--618, 690, 787, 826, 1152, 1636

SR 81--General Assembly; provide for four year

terms _____________.------_._________.------____.__.__..____._ 618, 690, 1104, 1177, 1238

SR 82--Georgia Day; urge citizens to observe --._.___--_.___------._.._.------.___672

SR 83--Governor's Mansion; authorize

disposal of _------._.._._------......--.767, 840, 1176, 1218, 1239, 1636, 1667

SR 84--Georgia Pharmaceutical Association; commend--...__..........._._ ..----...766

SR 85--Georgia State Chamber of Commerce; commend ......_.....--_...--......._. 766

SR 86--Governor's Commission on Efficiency & Economy

in Government; commend ______....______.._------____.----........... 835, 1152, 1637

SR 87--Black Rock Mountain State Park; convey

water rights _...--.------___----_----------- 767, 840, 1215, 1239

SR 88--Honorable G. M. Kirk; commend .........--_._......------....... 835, 1152, 1637

SR 89--Mrs. Harry 0. Jenkins; commend ._...------......_--._.......--......... -- ----. 835

SR 90--Second Mortgage Lending Institutions; create

interim committee to study .------_..----....... ._......_. .... ..........._..__..--....836

SR 91--Hon. Pepper Rodgers; commend-...,,.....----.............. ..... ......._..__..__. 836

SR 92--Hon. Preston Ridlehuber; commend _------_----....------.. ......_.....--.--.835

1724

INDEX

SR 93--Senate Rules; amend, compensation for interim committee work ...----------..------------------____------1162
SR 94--Captain E. D. Mink; commend--------------._----.--____----_______835 SR 95--State-wide Tenure Law; create interim
committee to study ..___......_.__..------------------------------ 1162, 1629 SR 96--Statewide Probation System; commend officers --------------------1625 SR 97--Hon. Ben W. Portson and Hon. Joe N. Burton;
express appreciation to ..------------ ----_----------------------..1625 SR 98--Hon. Jack B. Ray, Hon. J. E. Young and Hon.
George B. Hamilton; express appreciation to ----------------.--1625 SR 99--Office of Legislative Counsel; express appreciation to ------------1625 SR 100--Mrs. Anne Gordy; commend--_--..----__..--_--..___--_------------___--_1625 SR 101--State Claims Study Committee; create----------------...----------1162 SR 102--Georgia State College Young Republicans Club; commend----....--1161 SR 103--Assessing Property of Public Utilities;
committee to study procedure ._... ----...----.....--.1162, 1309, 1657, 1658 SR 104--Telephone Operators; express appreciation to----------------------1161 SR 105--Major Charles A. Beckwith; commend.......__--------__.....1161, 1301, 1637 SR 106--Defense & Veterans Affairs Committee;
function after adjournment -------- .._....._._...1163, 1309, 1658 SR 107--Fees and Taxes on Insurance Companies;
create study committee ___________.--_--_._..,,_________--------..----.--1163 SR 108--Public Utility Company Rates; interim committee to study............1163 SR 109--Fraternal Order of Eagles; commend --------------------------1625 SR 110--Dr. J. C. Tanner, Jr.; commend --------------.--------------__.--------1161 SR 111--North Fulton High School Choir; commend .--______----_____1625 SR 112--Election Laws Study Committee; create......_--------__--------. 1163, 1629 SR..--JL13--Workmen's Compensation Study Committee; create --_____--------.1163 SR 114--Affairs of City of Atlanta; create committee to study....----. ..---1163 SR 115--Homestead Exemptions; amend constitution to increase ..----.--..1243 SR 116--Rev. E. Stanley Morris; commend ..--------..----------..----------1243
SR 117--Penal and Correctional Affairs Study Committee; create.----.----1625
SR 118--Public Corporations; committee to study operations and financing ..._____--------------.----_--______--...----...1626
SR 119--Mr. Walter Henry (Chief) Aiken; regrets at passing..----..__._.--.1626
SR 120--Autonomous Division of Mental Health; create committee to study .-- -- ----.----------------------.._._-- 1626
SR 121--Senate Chambers; remodel and refurbish--.------.--.--.......------1626
SR 122--Superior Court Reporters' Retirement System; create commission to study ----___.--------------------_----------.----1626
SR 123--Judge A. T. Walden; regrets at passing .--------------------------....1626
SR 124--Banking Laws; create committee to study......----------------.___----.1626
SR 125--Rome-Floyd Chamber of Commerce; urge president to attend meeting ------.....----.......----......--------------1464, 1626, 1664
SR 126--Senate Chamber; construct, remodel and repair _----------.----..,,__1626
SR 127--Senate; committee to study organization, committees and secretary's office _--_....,,--.....--------------------.1627
SR 128--State Employees; create committee to study employment conditions ___----_--_.--.----_...----------------_--------1627
SR 129--Mr. Robert Paschal and Mr. James Paschal; commend---------- --_. 1627
SR 130--Mr. Carroll Ward; commend .__........----..--------------..._._--.........__..1627
SR 131--American Legion and Auxiliary; express appreciation to ......_.... .1627

INDEX

1725

PART III
HOUSE BILLS AND RESOLUTIONS
HB 1--Appropriations, 1966-67; --------------------..-..-..55, 58, 67, 222, 329, 339, 349, 369, 375, 379
HB 2--Appropriations; supplementary -55, 58, 67, 222, 284, 332, 339, 349, 369, 377, 379
HB 3--Georgia State Game & Fish Commission; increase fees ._._......--.._......_....----.......--._--.._.__--.--.--.61, 64, 87, 411, 434
HB 4--Motor Vehicle Tax; collection of ad valorem tax ......__.___........____.......------------73, 79, 107, 306, 1224, 1293
HB 5--Motor Vehicles; registration and licenses.--.,___.73, 80, 107, 306, 1226 HB 6--Civil Cases; revise
procedures ............265, 269, 301, 643, 811, 833, 1093, 1110, 1113, 1283 HB 9--Burke County; sheriff's salary--------------------61, 64, 87, 222, 242 HB 10--Early County; sheriff's salary......-......----._..__.___.. 61, 64, 87, 412, 416 HB 12--Atlanta, City of; president, board
of aldermen .____......_______________________.__.__----..------___ 69, 80, 107, 170, 198 HB 13--Atlanta Municipal Court; cost bill.----.... 69, 80, 108, 1312, 1314, 1599, HB 14--Insurance Licenses; certain exemptions.-----.185, 219, 853, 1488, 1659 HB 15--Insurance Licenses; certain exemptions...------185, 189, 220, 853, 1582 HB 17--Law Revision Committee; create.------..----121, 124, 170, 410, 1583 HB 19--Terrell County; board of commissioners of
roads and revenues ____----...--_--------_--_----______61, 65, 87, 308, 362 HB 20--Lee County; sheriff's salary.--........_-------61, 65, 87, 412, 416, 1312 HB 21--Lee County; superior court term .--._------______...61, 65, 88, 113, 118 HB 22--Franklin County; sheriff's salary.----......_--------69, 80, 108, 308, 362 HB 23--Royston, City of; council election ----..._------------69, 80, 108, 308, 363 HB 25--Motor Vehicle Driver; cost of
blood tests .----.....----------------------._...------184, 189, 220, 1250, 1256 HB 28--Deeds, Mortgages, Etc.; powers exercised --------..--------62, 65, 855 HB 29--Conveyance to Secure Debt; new code section----------.62, 65, 88, 855 HB 32--Minors; parents liable, property damage--62, 65, 88, 466, 1487, 1658 HB 33--County Officers; grand jury indictment--------1108, 1109, 1170, 1249 HB 35--Executors, Administrators, Etc.; satisfy
bequests and transfers ---------------------------------- 73, 80, 108 HB 36--Criminal Procedure; forfeiture of
appearance bond ----------------.------------.614, 634, 703, 1249, 1583 HB 38--Uniform Commercial Code; negotiable instruments,
repeal certain laws --------_----.------.-------------- 72, 81, 108 HB 39--Real Estate; sales, commissions--------------....347, 351, 406, 851, 1583 HB 40--Griffin, City of; commissioner's salary------------70, 81, 108, 412, 416 HB 41--Workmen's Compensation Board; compensation
of members ----.......----.-.----..------.--------......_ 210, 213, 238, 307, 471 HB 42--Corporation Charter; advertise application.------62, 66, 88, 281, 1584 HB 46--Educate Certain Persons Under Other
State Departments ----------------.------450, 452, 514, 1095, 1248, 1584 HB 47--Income Taxes; student exemption..........----_..290, 294, 324, 519, 1467 HB 48--State Health Insurance Plan;
dental coverage --__--------.----------..185, 189, 220, 465, 1560, 1659 HB 50--Capital Felonies; reward by governor----------72, 81, 108, 1249, 1585 HB 51--Firemen; increase pensions --------------------387, 393, 1215, 1313, 1585 HB 52--Water Pollution Control; state make
grants to -.--------------------------------._-__----208, 214, 238, 578, 1585

1726

INDEX

HB 53--Lottery Tickets, etc.; unlawful to possess ......__.........___.--.._....._--_____......210, 214, 238, 1249, 1489, 1631
HB 55--Motor Fuel Tax; certain watercraft exempt ............_.._..........._............_._._.................... 72, 81, 108, 308, 1586
HB 60--Sterilization; certain individuals ......._....._........_.208, 214, 238, 360, 1586 HB 61--Gilmer County; commissioner's
compensation ____.............___......._____.,........____......____._...70, 81, 109, 1311, 1335 HB 62--Pickens County; commissioner's
compensation ...__...__...................._............__._._....._.... 70, 81, 109, 1311, 1335 HB 64--Gilmer County; sheriff's salary............................ 70, 81, 109, 222, 242 HB 65--Pickens County; sheriff's salary--....--_--..--.._.___.... 70, 82, 109, 222, 243 HB 67--Fitzgerald, City of; amend charter ...._........._.........70, 82, 109, 412, 417 HB 68--Supreme Court and Court of Appeals Judges
and Justices; salaries 96, 100, 127, 643, 794, 1232, 1304, 1459, 1664 HB 69--Tattnall County; commissioner's salary.__..........._._ 70, 82, 109, 412, 417 HB 70--Tattnall County; clerk's salary ........._._.....70, 82, 109, 516, 723, 1242 HB 71--Tattnall County; sheriff's salary........_____........_70, 82, 109, 170, 199, 392 HB 73--Covington, City of; amend charter._.__...........94, 101, 127, 412, 416, 555 HB 76--Municipal Street Grants;
annual audit .____.____...._.____..........___.._........._._.......186, 189, 220, 1310, 1586 HB 77--County Road Funds; annual audit......... 186, 190, 220, 1310, 1489, 1658 HB 80--Oglethorpe County; superior court
terms ................ ....... ....... .-.._- 71, 82, 110, 412, 419 HB 83--Probations; certain persons ...__.. 186, 190, 220, 1178, 1239, 1254, 1303 HB 85--Second Mortgage; regulate charges
and interest .----_.----..._.__------______...------.450, 453, 515, 706, 1268, 1304 HB 86--Atlanta, City of; corporate
limits .___..........._._..........__....__.71, 82, 110, 706, 802, 822, 833, 1242, 1286 HB 87--Bearing, City of; increase term of office,
mayor and councilmen ___..----.__._----._..___------___--71, 83, 110, 412, 419 HB 88--Thomson, City of; sale of public
property .._._...._................._........_................,..._..__..71, 83, 110, 412, 419 HB 89--Colquitt County; sheriff's salary ....----....----_...71, 83, 110, 222, 243 HB 90--Motor Vehicles; maximum speed, certain
vehicles -.-.._......--........----.._._--_....,,------.72, 83, 110, 307, 1587 HB 91--Thunderbolt, City of; municipal elections
and polls _........__-...........------.._.._------..._--.......71, 83, 110, 785, 859 HB 92--Sales Tax; change compensation of dealers--...--72, 83, 110, 307, 374
HB 93--Hapeville, City of; jurisdiction beyond city limits........--.......71, 84, 111
HB 94--Atlanta Judicial Circuit; compensation solicitor general _----.-___..--------_..------.------.....71, 84, 111, 170, 243
HB 95--Fulton County; group insurance on employees .........._..._._._..._.....72, 84, 111, 706, 720, 885, 1157, 1459, 1502
HB 96--Gambling Devices; no depreciation for income tax .._.__..__............._._............._....__._......_._.._..159, 163, 193, 643, 1587
HB 97--Capital Felony Cases; fees, superior court clerk ........... .................... ....... .73, 84, 111, 1249, 1587
HB 98--Georgia Youth Council; create ......._............__._.. 348, 351, 406, 518, 1588
HB 99--Alpharetta, City of; council membership-....----...72, 84, 111, 412, 420
HB 100--Hapeville, City of; retirement benefits to surviving spouse _..........._.....__..........-_____...._.--..............72, 84, 111, 170, 198
HB 105--State Highway; relocation expenses..-.__.346, 351, 406, 518, 1511, 1659
HB 106--Probate of a Will; heirs not notified .....210, 214, 238, 281, 1492, 1631
HB 107--Fairburn, City of; extend city limits......____....._.._.94, 101, 127, 412, 420

INDEX

1727

HB 108--Reidsville, City of; salary, city court

judges --..._----.....--..-...--------.------..-- .......94, 101, 127, 412, 420

HB 109--Public Property; penalty for littering--------. 313, 317, 356, 518, 1588

HB 110--County Surveyor; certain qualifications.----554, 558, 639, 788, 1588

HB 111--Motor Vehicle License Plates; reflective material----. 96, 101, 127, 705

HB 113--Phenylketonuria; test administered to

all infants .._--------__--------.....----.. ------------. 387, 394, 456, 850, 1278

HB 115--Haralson County; treasurer's salary.--..----..... 95, 101, 127, 308, 363

HB 116--Haralson County; commissioner's salary...----.--.95, 101, 127, 308, 363

HB 122--Real Property; title, judgment,

writs ..----.----.------...---- .----208, 214, 238, 281, 445, 533, 1452, 1597

HB 123--Judge Emeritus Superior Court; limitation on funds....!229, 1230, 1244

HB 124--Oglethorpe County; sheriff's salary...----...------95, 102, 128, 412, 421

HB 126--State Patrol Vehicles; marking and

equipment ---------------- _. .. 121, 124, 170, 308, 1469, 1663

HB 127--State Highway Department; employee

subsistence allowance ...._______..----------211, 214, 238, 518, 1589

HB 129--Reidsville, City of; compensation, certain city

court officials

.---------------- --95, 102, 128, 516, 722, 1242

HB 130--Pataula Judicial Circuit; salary, solicitor

general ----.....----...------....------.------._.----..95, 102, 128, 412, 421

HB 132--Palmetto, City of; new charter..........--..............208, 215, 239, 785, 860

HB 133--Alimony; cease payments on

remarriage ................----..... 314, 317, 356, 643, 1155, 1467

HB 134--Solicitor-General Emeritus; terms

of service .....___........__._..... 346, 351, 406, 519, 525, 705, 1234, 1487, 1662

HB 137--Unemployment Compensation; increase

benefits .

.

........ 313, 317, 356, 410, 533

HB 138--Honorary Drivers' Licenses; members

National Guard _-_..__.---___.--__----._.._----__----679, 680, 778, 849, 1589

HB 140--Trespassers; right of contribution _--.__------...185, 190, 220, 850, 1252

HB 141--Claims Advisory Board; prohibit fees _._...------_.....___208, 215, 239

HB 144--Harrison, Town of; new charter ----.--------.._._- 95, 102, 128, 412, 421

HB 146--Worthless Check; felony if in excess

of $50 --..__..---_.._-.--_------__.___.-..635, 668, 703, 1249, 1553, 1661

HB 149--State Law Department; employment and

dismissal of employees _--------____------..121, 124, 170, 466, 1226, 1293

HB 150--Rabun County; ordinary's salary ._.--___._. 155, 163, 193, 222, 244

HB 151--Bartow-Cartersville Airport Authority;

establish ...__..--..___._----__--------_--------_ ------155, 163, 193, 412, 422

HB 152--Adairsville, City of; extend corporate limits..- 155, 163, 193, 412, 422

HB 153--Adairsville, City of; salaries, mayor

and council -------------------------- _--------------__ 155, 163, 193, 412, 422

HB 154--Commission on the Status of Women;

create ..._--.......--------.._._--------------------------.348, 351, 406, 788, 1467

HB 155--Cash Bond Payment; public drunkenness.------.--------... 211, 215, 239

HB 158--St. Andrews and Cumberland Sound;

net fishing ------------------------------------------156, 163, 193, 785, 860

HB 159--St. Marys, City of; real property loans..-.----.156, 164, 194, 785, 860

HB 160--Folkston, City of; council posts .__..._...._.__156, 164, 194, 324, 412, 422

HB 162--Fulton County; office of justice of peace

emeritus, create ------------------.--------_....__..------__________ 286, 294

HB 163--Alapaha Judicial Circuit; solicitor general's

salary ------ _..._----_----------..- 156, 164, 194, 576, 725

HB 164--Adoption Law; waiting period------..--------.265, 269, 301, 467, 1589

1728

INDEX

HB 165--Uniform Simultaneous Death Act;

beneficiaries .._.....___......__._....._..___.___..........._...........387, 394, 456, 1249, 1468

HB 166--Domestic Life Insurers; separate

investment accounts ......_...........___..................._... 346, 352, 406, 519, 1468

HB 167--Juror; serve other courts ..............._._... ...__._....,,______._. 552, 558, 639, 1178

HB 169--Teachers' Retirement System; board of

trustees member __.........__._......._..__.__......_._........._...497, 500, 563, 705, 1606

HB 170--State Board of Barbers: resident requirement ............. 602, 618, 690

HB 176--Teachers' Retirement; Georgia Council

of Education .. . . ........____.... 313, 317, 356, 467, 642, 1257, 1597

HB 177--Atlanta, city of; investigators, criminal court . 226, 231, 276, 412, 423

HB 181--Worth County; sheriff's salary _.....__.._.__...._.____.._ 156, 164, 194, 308, 363

HB 182--Jasper County; sheriff's salary

. . 156, 164, 194, 412, 423

HB 183--Haralson County; salaries, sheriff

and ordinary ..........

156, 164, 194, 308, 364

HB 184--Jenkins County; sheriff's salary .._......_._......___.._.157, 165, 194, 413, 423

HB 185--Miller County; small claims court,

create ....._._...._....__......__......_...........__.___......__.__........_.157, 165, 195, 576, 725

HB 186--Miller County; sheriff's salary ___...__...__.._._____..__.______..157, 195, 413, 424

HB 187--Motor Vehicles; certain vehicles exceed certain

weight and length ................. 347, 352, 407

HB 188--Higgston, Town of; corporate limits ... .. 208, 215, 239, 413, 424

HB 189--Chatham County; increase sheriff's bond._____....157, 165, 185, 516, 740

HB 190--Chatham County; increase bond, clerk

of superior court _._......_.__.....____....._._._._...._..._......__..157, 165, 195, 516, 742

HB 191--Cook County; sheriff's salary _____...._.____....._____._...157, 165, 195, 516, 725

HB 192--Motor Vehicle Licenses; certain trucks..--.___...._ 209, 215, 239, 360, 470

HB 193--Commercial Feed Stuff; inspection fee ._......__ 613, 635, 704, 787, 1214

HB 194--Chatham County; tax installment

payment ........_................. 157, 165, 195, 517, 740

HB 195--Meriwether County; certain officials'

salary

.-

. ............157, 166, 195, 413, 424

HB 196--Meriwether County; deposit of

county funds ._.,,____.._____________.___,,--__.____----._..--___._.158, 166, 195, 413, 425

HB 197--Highway; traffic control devices...-......_ 313, 317, 357, 518, 1505, 1659

HB 198--State Highway Department Lab;

appropriations for rent _._____--._--__.____._.--..____.__..289, 294, 324, 705, 1590

HB 199--State Office Building Authority; define

"project" __.__.----_______._--_.____._--._____._._.-__-.__-__.289, 294, 324, 788, 1590

HB 200--Practice of Law; educational

requirements _-......._.--.....209, 215, 239, 281, 283, 410, 475, 834, 855,

1096, 1107, 1108, 1149

HB 202--Georgia Ports Authority;

membership ___.....__....____..____._....._._____..__.._392, 405, 465, 788, 1254, 1293

HB 206--Insurance Capital; minimum securities

required ___----_____----__.___-.__.-_----__._____---___.._..614, 635, 703, 853, 1277

HB 208--Fiduciaries and Beneficiaries; tax on

estate or trusts

..........-- ..345, 352, 407, 519, 1590

HB 209--School Bus Drivers; salary...__._.__._._........_-....._...211, 216, 239, 281, 579

HB 210--Murray County; certain officials' salary.-. 209, 216, 240, 576, 715, 833

HB 211--Atlanta, City of; employee pensions...---_--....__----..226, 231, 1310, 1335

HB 212--Atlanta, City of; employee pensions, refunds of

contributions __....._.____.....____._...______......_____.....___.226, 232, 277, 1310, 1336

HB 213--Atlanta, City of; employee pensions, death

while in service ........... 227, 232, 277, 1310, 1336

INDEX

1729

HB 214--Atlanta, City of; employee pensions, disabled after 5 years service___~------~-227, 232, 277, 1310, 1336
HB 215--Atlanta, City of; employee pensions, disability -_----------__----.----------227, 232, 277, 1310, 1318, 1596
HB 219--Barbers; master barber's certificate --------------------------1108, 1109, 1171, 1177, 1506, 1631
HB 220--Hospitals and Institutions; release information for research groups.-----.----------------314, 318, 357, 850, 1507, 1661
HB 222--Motor Vehicle License Tax; exclude certain trucks .--_------------_----_---.--------------610, 618, 690
HB 223--Civil Cases; deposit advance court costs--------__--..--347, 352, 407, 578 HB 226--Mortgage Loans; not exceed 80%..------------346, 352, 407, 519, 1591 HB 227--Atkinson County; establish county court--....209, 216, 240, 785, 861 HB 228--Atkinson County; sheriff's salary.----._.----...209, 216, 240, 413, 425 HB 229--Concealed Weapons; sharp pointed devices....__.__......388, 394, 456 HB 230--Monroe, City of; mayor, council election............209, 216, 240, 413, 425 HB 233--Medical License; proof of intern training--.............314, 318, 357, 1591 HB 234--Grandparents; visitation rights----------------------.314, 318, 357 HB 235--Ben Hill County; salary, clerk
superior court ___..--...._.----...--------.._._.--------..209, 216, 240, 308, 364 HB 236--Sandersville, City of; zoning ordinance.------..286, 294, 324, 517, 726 HB 238--Stewart County; sheriff's salary...................209, 216, 240, 1175, 1201 HB 241--Education Improvement Council;
members' expenses ---_--------------_------762, 777, 848, 1173, 1591 HB 242--Senior Superior Court Reporter; establish office.---.----497, 500, 564 HB 243--Subpoenas; revise laws relating
to --------------------1109, 1171, 1249, 1525, 1544, 1552, 1578, 1663 HB 244--Appellate Procedure Act; new
trial --------------------------763, 770, 845, 1249, 1494, 1509, 1601 HB 247--Veterans; honorary drivers'
licenses ..------.289, 294, 325, 578, 1257, 1297, 1303, 1447, 1514, 1661 HB 249--Hart County; publication of expenditures------210, 217, 249, 308, 364 HB 250--Hart County; clerk and ordinary's salary.----.210, 217, 240, 308, 365 HB 251--State Hospital Authority; increase amount of
bonds may issue ----------------'--_.-.----...449, 453, 515, 1177, 1592 HB 252--State Board of Probation; change salary
of members ----------------------------------...345, 352, 407, 518, 520 HB 255--State Institutional Farms Division in
Agriculture; create ------------------------..--.290, 295, 325, 579, 1235 HB 256--Macon, City of; condemn property for
streets _._-.-_--.......--....--------------.............210, 217, 241, 282, 365
HB 262--Divorce Cases; petition information --------------------_____764, 777, 848 HB 264--Divorce Cases; temporary alimony hearing--_._----763, 770, 845, 1249 HB 266--Macon County; ordinary's salary.----------...227, 233, 277, 413, 418 HB 267--Macon County; tax receiver's salary...------------227, 233, 277, 413, 418 HB 269--Louisville, City of; voter registration...........--...227, 233, 278, 413, 418 HB 270--Eminent Domain; service on non-resident--__________673, 680, 779, 1309 HB 271--Property Tax Returns; copies court evidence--------..--765, 777, 848 HB 272--Power of Eminent Domain; procedure.------674, 680, 779, 1309, 1592 HB 273--Condemnation and Eminent Domain; service on
non-residents ...........,,......_........,,--.............674, 681, 779, 1309, 1519, 1662 HB 274--Miller County; commissioner's compensation......227, 233, 278, 413, 419 HB 275--Chattooga County; consolidate office tax
receiver and collector ____--.------_----_----_----_------------__ 228, 233, 278 HB 276--Chattooga County; sheriff's salary.--.__....--....228, 233, 278, 854, 861

1730

INDEX

HB 277--Chattooga County; clerk's salary. .........--------228, 234, 278, 854, 861 HB 278--Chattooga County; city court, provide effective date-.--....228, 234, 278
HB 279--Clay ton County; purchasing agent full time employee ...----...-_--.---------------------------228, 234, 278, 413, 426
HB 280--Forsyth County; salary, certain officials ------.228, 234, 278, 644, 726 HB 281--Forsyth County; commissioner's expense
allowance ----------------------_.._._.____....-.------. 228, 234, 279, 644, 726 HB 282--Dawson County; sheriff's salary.------.........----.228, 234, 279, 644, 726 HB 283--Candidate; declared party nominee........----...553, 559, 639, 1267, 1293 HB 284--Intangible Property Tax; no report if amount
due is less than $6-------._._._.------------..---------345, 353, 407 HB 285--Dade County; tax commissioner's
salary .......----..------.__.----------....--..._..--------229, 234, 279, 413, 426 HB 286--Dade County; commissioner's salary------.----.-229, 235, 279, 413, 426 HB 287--Dade County; clerical expense allowance
for ordinary ------------...._...._.._..------.--------.__. 229, 235, 279, 413, 427 HB 288--Dade County; sheriff's salary----...............------..229, 235, 279, 413, 427 HB 289--Cobb County; 32nd and 33rd senatorial
districts ........_......-..._-._.------------------..._.._. 388, 394, 456, 642, 1592 HB 290--Judge Emeritus; serve any judicial
circuit ---------------------- --..----------552, 559, 639, 1249, 1319, 1596 HB 291--Farmington, Town of; mayor and council
election ------__...............-.......----.-.--------------.229, 235, 279, 413, 427 HB 292--Education Funds; local units.----------.554, 559, 639, 853, 1520, 1659 HB 293--Upson County; ordinary's salary.------.--------. 229, 235, 279, 413, 427 HB 294--Upson County; ordinary appoint clerk.--------.229, 235, 279, 413, 428 HB 300--Elections; assistance to electors.----------__764, 771, 846, 1250, 1468 HB 301--Banks; extension and expansion...._----.674, 681, 779, 853, 1277, 1597 HB 302--Motor Fuel Tax; fuel and kerosene .--553, 559, 639, 1176, 1524, 1659 HB 303--Tax Exempt Machinery; increase
in employees ------.------..----...------........554, 559, 640, 652, 1177, 1604 HB 304--State Council Preservation of Natural Areas;
create .--__----_--------..------.......------. 1108, 1110, 1171, 1528, 1659 HB 305--Catoosa County; utility commission vacancies....261, 270, 301, 328, 365
HB 306--Athletic Contests; admission cost--.------.----496, 500, 564, 855, 1540 HB 307--Cognizance Bonds; military personnel --------.347, 353, 407, 1249, 1541 HB 308--Stephens County; salary, superior
court personnel .........--_--__--------.....:--.._.........261, 270, 302, 413, 428 HP 309--Stephens County; commissioners' terms--.----.262, 270, 302, 413, 428 HB 311--Stephens County; salary, ordinary's
personnel ------_.------.----...--.--._--------262, 270, 302, 413, 429 HB 312--Macon County; create small claims court------.262, 270, 302, 413, 429 HB 313--Toombs County; clerk, board of commissioners,
salary ._....--------------........................................ 262, 270, 302, 413, 429 HB 314--Sales & Use Tax; government units installing
utilities .------------------_--.._----------610, 618, 690, 1249, 1541 HB 315--Decatur County; sheriff's salary--------------.....262, 271, 302, 576, 727 HB 316--Decatur County; sheriff's salary.--------------262, 271, 302, 576, 727 HB 317--Bainbridge, City of; number of aldermen ..........262, 271, 302, 577, 727 HB 318--Augusta, City of; powers of Masonic Hall
trustees ...------.----....----------------.....----.......674, 681, 779, 1311, 1337 HB 319--Handicapped Drivers; distress signals.------------------.450, 453, 1313 HB 320--DeKalb County; judge of juvenile court,
salary ------------------------262, 303, 1320, 1478, 1479, 1543, 1663 HB 321--State Institutions; ability to pay for care----.553, 560, 640, 850, 1276

INDEX

1731

HB 322--Uniform Commercial Code; define certain words _._------------------ ----------- ...387, 394, 457, 853, 1272
HB 323--Eminent Domain; define certain phrases .------..-------.._------------------346, 353, 408, 1249, 1545, 1662
HB 324--Structural Pest Control Act; election of vice-chairman __..__________._____..._.__--..___......----602, 619, 690, 1177, 1593
HB 325--Food; regulate manufacture, sale, etc.--------.346, 353, 408, 787, 1539 HB 326--Fertilizer Act 1960; renewals of
registration ----.--------__--_------..---------- 314, 318, 357, 579, 1276 HB 327--Livestock Auction; custodial bank account--314, 318, 357, 787, 1540 HB 328--Lowndes County; sheriff's salary.-.....--------263, 271, 303, 413, 430 HB 329--Troup County; housing authorities
exemptions ....._......___........_........................_......._......384, 394, 457, 577, 728 HB 331--Bryan County; disposition of suits,
city court _.......,,._.....................------...--..............----. 263, 271, 517, 728 HB 332--Bryan County; treasurer's salary...................... 263, 272, 303, 517, 729 HB 335--Georgia Water Quality Control Board;
amend powers ..._........._......_....___._.....--........347, 353, 408, 578, 1529, 1660 HB 336--Motor Vehicles; theft of
parts .___...--...._--__...___--....314, 318, 357, 467, 1223, 1251, 1557, 1660 HB 337--Banks; taxation of shares ............._._......___.......... 613, 619, 690, 853, 1223 HB 339--Fulton County; teachers and employees
retirement ____...--__._...----..----_.----. .--..-- 263, 272, 303, 1310, 1321 HB 340--Fulton County; teachers and employees
retirement ----_...____----............................ 263, 272, 303 HB 341--Fulton County; teachers and employees
retirement .._.___..--__..._--...-___----__..--------.._--.263, 272, 303, 1312, 1337 HB 342--Motor Vehicles; transport explosives--.........------.....--.. 764, 771, 846 HB 344--Trade Secrets; crime to steal..__------__.------.....494, 500, 564, 851, 1540 HB 345--Pelham, City of; close certain
streets .........__......._................_....._.........286, 295, 325, 577, 723, 1155, 1660 HB 346--Income Tax; handicapped student
exempt .__...................._...........----.----....--554, 560, 640, 1249, 1273, 1598 HB 347--Kennesaw, City of; mayor and council
salary _...._____...___....._......... .................... 286, 295, 325, 577, 785, 788, 1156 HB 348--Treutlen County; sheriff's salary ...._.._....._.........286, 295, 325, 413, 430 HB 349--Montgomery County; sheriff's salary................287, 295, 325, 413, 430 HB 355--Crisp County; salaries, certain officials----312, 319, 358, 517, 728 HB 356--Atlanta, City of; pensions, former
employees ..___.....___......................----...............312, 319, 358, 854, 869, 1156 HB 359--Muscogee County; chairman, vice-chairman
board of commissioners ....................._.--.........._..287, 295, 325, 361, 366
HB 360--Muscogee County; contractors' bonds --...--....287, 296, 326, 361, 366
HB 361--Muscogee County; urban redevelopment------ 287, 296, 326, 361, 366
HB 362--Muscogee County; law enforcement vehicles.-- 287, 296, 326, 361, 367
HB 364--Muscogee County; pensions, certain employees --------------------------------..............287, 296, 326, 361, 367
HB 365--Wilcox County; sheriff's salary ___.............._......._. 288, 296, 326, 517, 729
HB 367--Clayton County; change name militia district---288, 297, 326, 413, 431
HB 369--State Game & Fish Commission; appoint deputy wildlife rangers __....._.--...___.345, 353, 408, 787, 1530, 1600, 1601, 1632, 1634, 1663
HB 377--Courts; dismissal of suits pending five years or longer.._._.--____.....__.--......---.__..--..----..------....-.. 387, 395, 457, 1178

1732

INDEX

HB 378--Gray, City of; vacancies, mayor and

council .------------------------------------------------ 288, 297, 327, 517, 729

HB 379--Teacher's Retirement; military service.--------.------------761, 778, 849

HB 381--Acworth, City Of; election, mayor and

aldermen -__.----._...------..._.----------._._.--------.288, 297, 327, 577, 729

HB 384--Chattahoochee County; business license

fees _------ _----,,_-----------------__.----___ 312, 319, 358, 1175, 1201

HB 385--Clarke County; warm air heating

contractors ----------------------------- 312, 319, 358, 785, 862

HB 387--Revenue Bonds; notice of hearing ----.... 450, 453, 515, 853, 1531, 1660

HB 388--General Obligation Bonds; hearings.---- 450, 453, 515, 853, 1531, 1660

HB 392--Pike County; commissioner's salary--------_____. 384, 395, 457, 517, 730

HB 393--Pike County; clerk of commissioners,

salary-------.------------------------384, 395, 457, 517, 730

HB 394--Zebulon, City of; change corporate limits..----384, 395, 457, 517, 730

HB 395--Thomaston, City of; removal of

city manager ._----._..-------------------------- 382, 395, 457, 517, 731

HB 399--Murray County; commissioner's salary______----490, 500, 564, 644, 731

HB 400--Rockdale County; commissioner's assistant.....------ 382, 395, 577, 731

HB 401--Rockdale County; commissioner's salary------ 382, 396, 458, 577, 732

HB 402--Rockdale County; sheriff's salary.----------. 383, 396, 458, 577, 732

HB 403--Sandersville, City of; water and light

commission, abolish -------------------------- 383, 396, 458, 577, 732

HB 406--Glynn County; board of commissioners'

election ----...--_......----....----------------._------ 491, 501, 564, 614, 732

HB 407--Mclntosh County; certain officials' salaries-- 383, 396, 458, 785, 862

HB 408--Grade Crossings; automobile signal device---------. 451, 453, 515, 1313

HB 409--Emanuel County; sheriff's salary....------------ 383, 396, 458, 577, 733

HB 411--Wadley, City of; voter registration-----------383, 396, 458, 517, 733

HB 412--Fort Valley, City of; certain officials'

salaries

--

- _-----383, 396, 458, 517, 735

HB 413--Atlanta, City of; fire department pension benefits __..._. 385, 397, 459

HB 414--Lumpkin County; sheriff's salary------..------383, 397, 459, 644, 736

HB 415--Catoosa County; sheriff's salary..----..... 383, 397, 459, 577, 717, 1156

HB 417--Wayne County; superior court terms .....------.. 384, 397, 459, 577, 736

HB 421--Cemeteries; care, perpetual and

endowment .....------ ....--------.1108, 1110, 1171, 1250, 1534, 1600, 1604

HB 422--Douglas, City of; extend corporate limits........ 384, 397, 459, 644, 736

HB 424--Twiggs County; sheriff's salary----------------. 385, 397, 459, 644, 736

HB 425--Madison County; tax commissioner's salary _.....-------- 385, 398, 459

HB 427--Burke County; superior court terms _..----... 385, 398, 459, 517, 737

HB 428--Guyton, City of; mayor and council.----------... 388, 398, 459, 577, 737

HB 432--Augusta, City of; street improvement-------- 388, 398, 460, 517, 737

HB 433--Augusta, City of; street sprinkling system.-- . 388, 398, 460, 517, 738

HB 434--Jefferson County; coroner's salary.------.----_ 389, 398, 460, 517, 738

HB 435--Jefferson County; treasurer's salary----.-- 389, 399, 460, 517, 738

HB 439--Years Support; notice to tax commissioner.----.-.--553, 560, 640, 1249

HB 443--Georgia Municipal Association; social

security --------.-.------------.-------553, 560, 640, 1176, 1541

HB 444--Brooks County; sheriff's salary....------------ 389, 399, 460, 1173, 1183

HB 445--Chattahoochee Judicial Circuit; solicitor general's salary _......----------....------..----....-------------------- 384, 399, 460, 517, 739

HB 446--Columbus, City of; city court judge and solicitor's

salary ---,,.....-.....----------..--------.--..------..---- 384, 399, 460, 517, 739

HB 447--Muscogee County; sheriff's salary .......... ----389, 399, 461, 517, 739

INDEX

1733

HB 448--Muscogee County; tax commissioner's salary _____-______.__.._..__________..____________________._________-__._-_.389, 399, 461, 517, 741
HB 449--Muscogee County; juvenile court judge's salary _.....__....__.........._.._...__...._...__....._-...._._-_._-.494, 501, 564, 644, 741
HB 450--Muscogee County; superior court clerk's salary .______.____.____..._.___-_________-___._______.___________.____.-389, 400, 461, 517, 741
HB 451--Muscogee County; ordinary's salary .____..__._.___.__.389, 400, 461, 517, 742 HB 452--Columbus, City of; jurisdiction, city
court __..__-___......__.....__.....___.....___...__._..__...._.._.._...__...390, 400, 461, 517, 742 HB 453--Pierce County; sheriff's salary _...._____....._--.__.385, 400, 461, 577, 742 HB 454--Blackshear, City of; election of aldermen ........_-.390, 400, 461, 577, 743 HB 455--Cornelia, City of; ward one, election of
members ....................................... 385, 400, 462, 1173, 1183 HB 456--Cornelia, City of; city manager's salary __....._385, 401, 462, 1173, 1183 HB 457--Cornelia, City of; right of eminent domain ___._._.385, 401, 462, 1173, 1184 HB 458--Habersham County; city court, judge and solicitor's
salaries ......._-...__......__-..._.......__...__....__..._____.....___...._386, 401, 462, 785, 862 HB 459--Cornelia, City of; city commission,
salaries ..^....^.........^..^...^......................... Z86, 401, 462, 1173, 1184 HB 460--Bibb County; pension plan ..,,_____,,,,._. 386, 401, 462, 517, 743 HB 461--Bibb County Water & Sewerage Authority; sources of
supply ___......_.......__.._.._......_.....__..____..__._..__....__..486, 501, 564, 644, 743 HB 464--Larceny; punishment, certain value of
goods .._._...___._.___....._..._.-....___...___...__-.___.....___._._764, 777, 849, 1249, 1542 HB 465--Mitchell County; terms of superior court ____________386, 401, 462, 577, 744 HB 466--Mitchell County; sheriff's salary ..__....__....__.....386, 402, 462, 577, 744 HB 467--Henry County; board of education,
compensation ___.....__-..._.......__....._-......._..___...._....____..386, 402, 463, 577, 744 HB 468--County Tax Digest; revenue commissioner
examine -_____-..-_-__._._____.._______-554, 560, 640, 1094, 1177, 1274, 1293, 1294 HB 469--Income Tax; enlisted military personnel ...........A50, 454, 515, 578, 1542 HB 470--Albany, City of; election place _____________.____.._.__._.486, 501, 565, 577, 745 HB 472--Madison County; board of commissioners __----_----__----__-486, 501, 565 HB 473--Banks County; sheriff's salary ___________._____________486, 501, 565, 644, 745 HB 475--Northeastern Judicial Circuit; additional
judge _-...___.__.__....___-....__...-...._-..._.--.__...___...-_1229, 1230, 1244, 1535, 1551 HB 476--Seminole County; sheriff's salary .......................A8&, 502, 565, 706, 733 HB 477--Colquitt, City of; corporate limits _....__....._-....-487, 502, 565, 706, 734 HB 478--General Assembly Members; compensation ________.___597, 598, 641, 1309,
1465, 1661
HB 479--Agricultural Commodities Authority; repeal act creating ___.__.__..____._.__-___-__-_-___-._._-.__-._--.__-497, 502, 565, 787, 1542
HB 480--Non-Domiciliary; court actions ........................6U, 636, 704, 1249, 1535
HB 481--Sales Tax; tangible personal property, private schools . . . . . . .. . ................A5Q, 454, 516, 519, 1252
HB 482--Webster County; commissioner's clerk, salary __...._......___...........__....__....___._.__..........__.....__.....487, 502, 565, 785, 863
HB 483--Chattahoochee County; tax commissioner's salary ...._._..........._....___...._._...____...___...._....__...__..._..487, 502, 565, 785, 863
HB 484--Chattahoochee County; sheriff's salary ______._._._..___._____.._.__..._.__.______.______.______._487, 502, 566, 1175, 1201, 1294
HB 485--Webster County; ordinary's salary ..._......__....__487, 503, 566, 785, 863
HB 488--Department of Agriculture; applicant registration ._....__.._..._._..__......_...__....._...____......_....764, 771, 846, 1172, 1536

1734

INDEX

HB 489--Garden City; mayor and councilmen, powers .......................................................487, 503, 566, 1175, 1202, 1275
HB 490--Clarke County; sheriff's salary ..----.._.----.----487, 503, 566, 785, 863 HB 491--Athens-Clarke County School System; educational
tax -.....--..._......,,.--....--....--...._- ..._.........-487, 503, 566, 644, 716, 1156 HB 492--Athens, City of; appointment of deputy
registrars ._..--_.-.--._._.-......--._...--....-....----.......488, 503, 566, 785, 864 HB 493--Clarke County; treasurer's salary --..._........--....488, 503, 566, 785, 864 HB 494--Richmond County; law library assistant ----------..528, 530, 574, 745 HB 495--Motor Vehicles; use of flashing blue lights .--...610, 619, 691, 1177, 1536 HB 497--Cobb County; business licenses --------------...488, 503, 566, 1173, 1184 HB 499--Webster County; sheriff's equipment ..--.---.488, 504, 567, 1175, 1203 HB 500--Department of Labor; supplemental appropriation ....762, 775, 847, 1176 HB 501--Richmond County; board of education,
salaries ..... ......--------..------..--...488, 504, 567, 644, 746 HB 502--Macon-Bibb City Court; change name .-.....---.--488, 504, 567, 644, 746 HB 503--Bibb-Macon City Court; establish court
probation .--.--..--......-.......-....--....----.......488, 504, 567, 644, 718, 1156 HB 504--Swainsboro, City of; qualifications and registration
of voters ......--._.._.-.....--__.----......--..--....----...----489, 504, 567, 644, 746 HB 505--Pulaski County; ordinary's fees ....----.----.......489, 504, 567, 644, 747 HB 506--Pulaski County; superior court clerk's
allowance .--.---....--....---....----..........--....----....489, 505, 567, 644, 747 HB 507--Oakwood, City of; new charter _...................489, 505, 567, 644, 719, 1155 HB 509--Georgia Water Resources Commission; create ...--.765, 778, 849, 1250 HB 510--Cherokee County; commissioner's salary .-...-.491, 505, 568, 1173, 1185 HB 511--Floyd County; commissioner's annual
audit --....----.........--....--...----....--.....................491, 505, 568, 644, 747 HB 512--Ployd County; board of education, annual
audit -.....--.----_...--..----_..--.._--..._.--------.----.491, 505, 568, 644, 748 HB 513--Floyd County; hospital authority,
audit ..--------------,,--.-- ..----...............491, 505, 568, 785, 883, 1275 HB 514--Floyd County; comptroller's salary ..--...--.........491, 505, 568, 644, 748 HB 515--Floyd County; commissioner's budget ...._------.491, 506, 568, 644, 748 HB 516--Cherokee County; certain officials'
salaries ...--._.--...---..-..._._--._..--.----..----------491, 506, 568, 1173, 1185 HB 517--Lanier County; sheriff's salary _..--..------..........492, 506, 568, 644, 749 HB 518--Glascock County; sheriff's salary -...--...--....492, 506, 569, 644, 749 HB 519--Superior Court Retirement Clerks; delinquent
payments -.-----...-.----...---....--..._--------.....,----614, 635, 703, 850, 1536 HB 520--Dublin, City of; salaries of judge and
solicitor ..----..----.......__....._.......528, 530, 570, 1173, 1185 HB 521--Savannah District Authority; terms of
office .....----.._...._..........._....-_.._.__...-_.----..----_._.. 492, 506, 569, 1173, 1186 HB 523--Smyrna, City of; corporate limits _.........--.... --.492, 506, 569, 854, 864 HB 524--Navigable Streams; fishing rights -------...------...--......761, 776, 847 HB 525--Marietta, City of; corporate
limits ..--........-....................492, 506, 569, 785, 789, 1156, 1213, 1243, 1252, 1253, 1598
HB 526--DeKalb County; school board districts ......--......492, 507, 569, 854, 865 HB 528--Luthersville, Town of; corporate limits __--.._.. 492, 507, 569, 644, 749
HB 529--DeKalb County; installment payments on taxes ..--......-.-.....-.--...-.---..--.-..-...-.--.....-.......- 493, 507, 569, 785, 865
HB 530--State Game and Fish Commission; purchase uniforms ----......----...--....----..--......------.1229, 1230, 1244, 1313, 1537

INDEX

1735

HB 535--Clayton County; commissioner's bond ...._._........493, 507, 569, 644, 749 HB 536--Clayton County; abolish treasurer's office .-.____--493, 507, 570, 644, 750 IIB 537--Cordele Judicial Circuit; solicitor-general's
salary _....................__.........-................_......___............._..611, 619, 691, 785, 865 HB 540--Clarke County; board of education,
membership .._______.......____-......___......---......_..493, 507, 570, 785, 866, 1275 HB 541--Witness Fees; member police force ..___.._674, 681, 779, 1250, 1311, 1338 HB 545--Rome, City of; board of education .........__._...._____.493, 508, 570, 644, 750 HB 546--Rome, City of; commissioners' qualifications -.493, 508, 570, 644, 750 HB 547--Rome, City of; three posts in each ward ._._...__.493, 508, 570, 645, 751 HB 548--Rome, City of; number of wards ..-..-._.__.........___....494, 508, 570, 645, 751 HB 549--Rome, City of; fines and taxes due city _,,.--_.....__494, 508, 570, 645, 751 HB 550--Rome, City of; primary and general
elections ....--_........-__.............._._......._..___..........._._494, 508, 570, 645, 752 HB 551--Family Planning Services; provide for _.._.....___553, 561, 641, 850, 1537 HB 552--Richmond County; employees in sheriff's office,
salaries .._--......_--...._---...._............494, 508, 571, 645, 716, 1293 HB 553--Osteopathy; license, one year hospital
training ...... ....._.....___...._______. .______.___._.._._765, 776, 847, 1177, 1537 HB 556--Cobb County; certain officials, salaries .........____.._.._494, 509, 571, 866 HB 557--Grand Juries; inspect orphanage,
sanitarium -______________.___________..__________._________759, 767, 840, 1213, 1249, 1538 HB 558--Hotel Keepers on Beaches; keep
lifeboats .........___.........__.........._._.....................679, 681, 779, 780, 851, 1538 HB 560--Georgia Biologicals Permit Act;
create .---....__-.__..--_____..-___._... ..._._764, 771, 846, 1172, 1593 HB 562--Clayton Judicial Circuit; court reporter's
salary _________________________.-._.._.____._..._....__528, 530, 574, 645, 752 HB 566--Director of Corrections; salary ._._....___.........__765, 776, 847, 1176, 1301 HB 568--Atlanta, City of; dwelling repairs and
demolitions _______.___...__________..__.__.______._______._.1229, 1232, 1245, 1310, 1351 HB 569--Municipal Employees' Retirement System; fixed
benefit plans .___.__..___.._..____.____.._..__________.___.635, 669, 704, 1172, 1538, 1660 HB 570--Monroe County; sheriff's salary ............528, 531, 574, 1173, 1181, 1275 HB 571--College Park, City of; election, mayor and
councilmen ...._.__...........__.__...........__..............__....529, 531, 575, 1312, 1338 HB 572--Solicitors-General of Superior Courts;
salaries -.-._.__..._._..__....._..___...__._.___...._. 554, 561, 641, 788, 1593 HB 573--Harris County; deputy sheriffs' salaries ........... 529, 531, 575, 645, 752 HB 574--Harris County; tax commissioner's salary ........529, 531, 575, 645, 753 HB 575--Talbot County; tax commissioner's salary ........529, 531, 575, 645, 753 HB 576--Talbot County; commissioners' salary ................529, 531, 575, 645, 753 HB 577--Talbot County; sheriff's salary __..,.....................529, 531, 575, 645, 753 HB 578--Barrow County; board of education ........529, 532, 575, 1175, 1199, 1275 HB 579--Hospital Authorities; revenues _............._....-..........._--........____610, 619, 691 HB 580--Douglas County Retirement Board;
create ........._.-..-..-._.....___...._.........._..__....................602, 620, 691, 785, 866 HB 581--Douglasville-Douglas County Development Authority;
create -..-......_..-...-.-..........._.-.....-...-..._...................603, 620, 691, 785, 867 HB 582--Douglas County; certain officials, salary __._._____603, 620, 691, 785, 867 HB 583--Catoosa County; clerk's salary .....................__._.603, 620, 691, 1174, 1186
HB 584--Catoosa County; employees of tax commissioner, salaries ..._..___._....._.._._._.........___._...._._.......603, 620, 692, 1174, 1186
HB 585--Catoosa County; commissioner's assistant, salary _.................._........__.................................__._603, 620, 692, 1174, 1187

1736

INDEX

HB 586--Lamar County; term of superior court ^__^__..__..603, 621, 692, 785, 867

HB 587--Milner, Town of; mayor and councilmen, terms of

office _____-_______________..................._.........._.-..._.-_......__.603, 621, 692, 1174, 1187

HB 588--Glynn County; commissioners license and regulate

business ____.______________.____,,__--___--____.._________..______.__..___603, 621, 692, 785, 868

HB 589--McDuffie County; deputies' expense

allowance __.._.-_.._-_............._.-__....-_.__.__................_ 604, 621, 692, 785, 868

HB 592--Perry, City of; councilmen's salaries .___.________..__. 604, 621, 692, 785, 868

HB 593--Houston County; coroner's salary _.__.__.__.__........ 604, 621, 692, 785, 869

HB 594--Miller County; commissioners' salaries ........._____..604, 621, 693, 876, 1174

HB 595--Augusta, City of; election of mayor and council ............._. 604, 622, 693

HB 596--Newnan, City of; change name of city

court .......................___._......_............_.___...................604, 622, 693, 1174, 1187

HB 597--Atlanta, City of; police department

pensions ...................._.__..______.._._......._..............___.____604, 622, 693, 1312, 1338

HB 598--Atlanta, City of; fire department

pensions .....,,.-..._.._..,,.____...___..............__..._______.____.._... 605, 622, 693, 1312, 1339

HB 599--Tift County; tax commissioner's salary _______________ 605, 622, 693, 785, 877

HB 600--Tift County; superior court clerk's

salary _...__.__._._._..._.._.....,,_...._.._....____...__...._..__.._.____.. 605, 623, 693, 785, 870

HB 601--Immunity From Civil Liability; persons aiding law

enforcement officers .-._.__..___..__----...-......._.................__..761, 776, 847, 1299

HB 602--Immunity from Criminal Liability; persons aiding law

enforcement officers __.._................._.. ._....____,,.._..___._...............761, 777, 848

HB 603--Stone Mountain Judicial Circuit; solicitor-general,

assistants .______________.____.________._._-_.__________.._____..602, 623, 694, 1312, 1323, 1597

HB 604--Ashburn, City of; council election .._.._..,,.,,.,,....__. 605, 623, 694, 785, 870

HB 605--Irwin County; commissioners' clerk's

salary ..........

............... 605, 623, 694, 785, 871

HB 606--Irwin County; sheriff's salary _____.__,,__,,_______._____.__.. 605, 623, 694, 785, 871

HB 607--Ashburn, City of; corporate limits

... 605, 627, 697, 785, 871

HB 608--Wrightsville, City of; city court solicitor's

salary ..._....,,_.._...___...,,....._.._..._. 606, 627, 697, 1174, 1187

HB 609--Washington County; city court salaries of judge and

solicitor _____._.,,_____________._________.___,,__.__.___.__._._.______. 606, 627, 697, 1174, 1188

HB 610--Wadley, City of; election of mayor and

councilmen _.__.____________.______.____________.___.___________________.606, 627, 697, 786, 871

HB 611--Butts County; commissioners' compensation _____.__606, 627, 697, 786, 872

HB 612--Butts County; ordinary's clerk, salary ._......___...,,_ 606, 627, 697, 786, 872

HB 613--Butts County; sheriff's salary ...................... 606, 628, 698, 786, 872

HB 614--Butts County; tax collector's clerk's salary ....... 606, 628, 698, 786, 873

HB 615--Jackson, City of; annexation of 5th ward ___________ 606, 628, 698, 786, 873

HB 616--Pepperton, Town of; repeal incorporation

act .___.__..____.._______.__.__...__________._._.._______....___________________.607, 628, 698, 786, 873

HB 617--Stone Mountain Judicial Circuit; court reporter's

salary ..._..__..__.._....._______._._......................._.....607, 628, 698, 1312, 1324, 1597

HB 618--Chatham County; board of health

members ._.___.___....._............._......______________.____.._...758, 767, 841, 1175, 1204

HB 619--Dooly County; coroner's salary ..._.,, 607, 628, 698, 1174, 1188

HB 620--Albany-Dougherty Hospital Authority; vacancies and

appointments ......................._-_____...-._..-.........-...607, 629, 698, 1174, 1188

HB 621--Dalton, City of; incorporate certain lands ____._. 607, 629, 698, 1174, 1189

HB 622--County Property; sale, conveyance .____.____.________.829, 835, 1167, 1311, 1339

HB 623--Whitfield County; employees' group

insurance ._.................___......_ 607, 629, 699, 1174, 1189

INDEX

1737

HB 624--Dalton, City of; court fine and punishment _._._____...____.______.._____________-_.-___..--_._--607, 629, 699, 1174, 1189
HB 625--Austell, Town of; corporate limits ........ 607, 629, 699, 854, 874

HB 627--Lincoln County; ordinary serve as clerk, board of commissioners _. ...... __..... -..-.. ...608, 623, 694, 786, 874

HB 628--Crawfordville, City of; time polls open .......... 608, 624, 694, 786, 874

HB 629--Taliaferro County; sheriff's salary

____.,,._ 608, 624, 694, 786, 875

HB 630--Haralson County; clerical help for tax commissioner ___.,________-__..___..______-.____-___--__---608, 624, 695, 786, 875

HB 631--Blue Ridge Judicial Circuit; clerical help for judge .____._____.____.._.____.-_._.___-___._-____--__----~~-602, 624, 695, 786, 875

HB 632--Clay County; sheriff's salary

_ .._....._,,. 529, 532, 575, 706, 734

HB 633--Baker County; sheriff's salary ___.....530, 532, 576, 706, 1310, 1329, 1662

HB 634--Calhoun County; sheriff's salary .____.__-....,,.-... 530, 532, 576, 706, 734 HB 635--Baker County; commissioner's salaries __.__-_...530, 532, 576, 706, 735 HB 636--Arlington, City of; hours polls open __.__._.._._...___530, 532, 576, 706, 735

HB 637--Fulton County Judge Emeritus; office space and secretary .....-..-__......__.....--_..-__-....__-_.---._.-609, 624, 695, 1312, 1339

HB 639--Jesup, City of; change name of city court ........608, 625, 695, 786, 876

HB 640--Jesup, City of; city manager and recorder's salaries ________...____.__.___.____._.________________.__.__.___..-____~.__..608, 625, 695, 786, 876

HB 641--Cobb County; civil and criminal court, add judge ......__....._......___-....__....__......__.....-._...__-........-_._.608, 625, 695, 854, 876

HB 642--Georgia Administrative Procedure Act; amend ..._....___..-._...--..__.. -- ..--....-...--....-.-.- 762, 776, 848, 1310, 1594

HB 643--Jasper County; treasurer's salary .,__..._...____....___.608, 625, 695, 786, 877

HB 644--Floyd County; city court solicitor and secretary, salaries ......__....-_..-___.__.......609, 625, 696, 786, 877

HB 645--Rome Judicial Circuit; assistant solicitor and clerk's

salaries __._..__.______._____.___.____._____________.-___--.___._____.610, 625, 696, 786, 878

HB 647--Insurance; insurance commissioner authorize sales ......__....__-...___...._._.....___......._..._..._.....___.....763, 771, 846, 1249, 1594
HB 648--Gainesville, City of; city employees retirement ________._...___...______.______-._.______-..______._____._._.._609, 626, 696, 1175, 1204

HB 649--Thomson, Town of; corporate limits ..._._.___.________609, 626, 696, 786, 878

HB 650--Augusta, City of; law enforcement officers,

compensation __..,,__,,_-_____._,,____-.__-__---_.,,-_,,.__..609, 626, 696, 1175, 1204 HB 651--Department of Veterans Service; gifts, grants from
federal government ...._.......____..._._.......__...-...._...765, 776, 847, 1310, 1594

HB 653--State Officers; air travel allowance _...___...________.___..._.____..____.602, 626, 696

HB 654--Waycross, City of; city manager appoint

clerk ._......_.....__._.....__......__.......__...-_......._._...__._._.....609, 626, 696, 786, 878 HB 655--Waycross, City of; park and tree zoning
committee _......._-.-....-........-..._-_.....__...._____.609, 626, 697, 786, 879, 1205

HB 656--Waycross, City of; date for municipal elections .....__......_-_...___-......_.......___-.....__..._.__.._..___-609, 627, 697, 786, 879

HB 657--Equal Pay; male and female .____....__......__..__763, 772, 846, 1278, 1598

HB 658--Banks County; commissioners' supplies _.__._._832, 835, 1167, 1311, 1340

HB 659--Teaching Profession; equal rights with other

professions -._,,___,,-..,,-___,,--.....__._.....____........____......___.762, 772, 847

HB 660--Americus, City of; city court judge and solicitor's salaries .........._____....._._....__.-..._.--...._.........___...-......___..675, 682, 780, 786, 879

HB 661--Americus, City of; employees retirement benefits .._......_......_.__..___._...._.._..___._:....._.___......._.__......675, 682, 780, 786, 879

HB 662--Americus, City of; business taxes ,,_.

.... 675, 682, 780, 786, 880

1738

INDEX

HB 663--Sumter County; ordinary's salary _._._.._._.___________ 675, 682, 780, 786, 880

HB 664--Appropriations; Game and Fish

Commission ..____.._.._.____...........________............_- 614, 635, 704, 851, 1298, 1598

HB 665--Augusta, City of; corporate limits ___.__.--...:_____--.....676, 682, 780, 1175

HB 666--Burke County; Buck Head Baptist

Church ._........------....--------.....----------.__--------.675, 682, 780, 786, 880

HB 667--Webster County; treasurer's salary _...----....------676, 683, 781, 786, 881

HB 668--Thomas County; fire protection districts ----..674, 683, 781, 1174, 1190

HB 669--Reidsville, City of; city court solicitor's salary ._.._.___.___..._. 676, 683, 781

HB 670--Tattnall County; clerk's salary --------------..--------------676, 683, 781

HB 671--Georgia Art Commission; performing

arts -.--......---- ---------_-.... 832, 836, 1167, 1595

HB 672--Cobb County; create board of fire commissioners each

district ......_.___._._._....____._........___._____.....__________.____..__.676, 683, 781, 1311, 1340

HB 675--Statesboro, City of; terms of mayor and

council _..--.---...----..----..-------....----676, 683, 781, 786, 881

HB 676--Randolph County; sheriff's salary ------....---- 676, 683, 781, 1174, 1190

HB 677--Attorney General; reimburse expenses --.........762, 777, 848, 1176, 1595

HB 678--Appling County; election of commissioners ....... 674, 684, 781, 786, 881

HB 679--Baxley, City of; bonded indebtedness ... 675, 684, 782, 1174, 1181, 1276

HB 680--Portal, Town of; municipal elections ................... 675, 684, 782, 786, 882

HB 684--Chattahoochee Judicial Circuit; judges'

salaries .

.-- .. .

677, 684, 782, 1175, 1205

HB 685--Jeff Davis County; tax commissioner's

salary __-----..__..---.....--------..--------...677, 684, 782, 1175, 1197, 1632

HB 686--Jeff Davis County; sheriff's salary ....................677, 685, 782, 786, 882

HB 687--Powder Springs, City of; voter qualifications ... 677, 685, 782, 854, 882

HB 688--Spalding County; tax commissioner's

salary

__

........677, 685, 782, 1174, 1190

HB 689--Spalding County; clerk's salary _......___.______________677, 685, 782, 1174, 1191

HB 690--Spalding County; coroner's salary ....__._............677, 685, 783, 1174, 1191

HB 691--Appropriations; State Board of Corrections ........... 614, 636, 704, 851

HB 692--Moultrie, City of; corporate limits _...........____677, 685, 783, 1174, 1191

HB 694--DeKalb County; commissioners' salary ....678, 685, 783, 1312, 1325, 1597

HB 696--Lawrenceville, City of; corporate limits ........... 678, 686, 783, 1174, 1192

HB 697--Lawrenceville, City of; prohibit public billiard

rooms _............_.........._._............._..__........___..__........__ 678, 686, 783, 1174, 1192

HB 698--Rome-Ployd County; consolidation of school

systems _-__._.........--..__........._-___.-.._-..-__..__....-..___.......678, 686, 783, 786, 882

HB 700--Spalding County; commissioner's salary ----..756, 768, 841, 1174, 1192

HB 703--Ocilla, City of; election of mayor and

councilmen ......._.__......._...._.._._......_.__.............__...760, 772, 845, 1174, 1193

HB 704--Vidalia, City of; corporate limits ........_..___.....756, 768, 841, 1174, 1193

HB 705--Clayton County; commissioners, duties of vice

chairman _..__.------.__._--------____.----..._____----.......756, 768, 841, 1174, 1193

HB 706--Smyrna, City of; corporate limits ..................756, 768, 841, 1174, 1194

HB 707--Clayton County Water Authority; eminent

domain rights __.......____.___......._______..-.......____......____756, 768, 841, 1174, 1194

HB 708--Chamblee, City of; tax dates --.....-..-.-.........756, 768, 841, 1310, 1340

HB 709--Fulton County; judges superior court

emeritus ----.__.___----___...----.-._.----...___.756, 829, 836, 1167, 1312, 1341

HB 710--Lumber City; hours polls remain open ..--......757, 769, 841, 1174, 1194

HB 711--Riceboro, City of; municipal election dates ....757, 769, 842, 1175, 1205

HB 712--Liberty County; sale of alcoholic beverages on

premises -...-------.---..-----------757, 769, 842, 1310, 1333, 1596

INDEX

1739

HB 713--Geneva, Town of; new charter _______________ ..757, 769, 842, 1174, 1195

HB 717--Augusta, City of; employee retirement

pensions .

760, 769, 842, 1175, 1206

HB 718--Augusta, City of; retirement

allowance ----______--------_________...-- ---.------760, 769, 842, 1175, 1206

HB 719--Augusta, City of; reduced pensions ----.... 760, 772, 845, 1175, 1206

HB 720--Norcross, City of; mayor and councilmen's

salary _ _ .

_

_....___-_._.__....759, 772, 845, 1175, 1207

HB 721--Gwinnett County; commissioners'

salary ______ __:____ _________.----______ ._------______----_____.____759, 772, 845, 1175, 1207

HB 722--Bartow County; ordinary's salary _______________ 832, 836, 1167, 1311, 1341

HB 723--Dublin, City of; millage increase .. _--------. 829, 836, 1168, 1311, 1341

HB 726--Morgan County; certain officials salary _______ 829, 836, 1168, 1311, 1341

HB 731--Atlanta, City of; employee retirement

benefits ---- _----------------------------- 830, 836, 1168, 1310, 1326

HB 732--Dalton, City of; employees and officials pension

plan ... .---------- ------------ -- -- 830, 837, 1168, 1311, 1327, 1631

HB 734--Dallas, City of; create recorder's court ..----760, 773, 845, 1174, 1211,

1275

HB 735--Paulding County; tax commissioner's

salary _____________ ------._------------_------------ _ __760, 773, 844, 1174, 1195

HB 736--Wayne County; ordinary's salary _____ __...----760, 773, 844, 1174, 1195

HB 737--Wayne County; tax commissioner's

salary ______ ------ .._..-------- __--------_760, 773, 844, 1174, 1196

HB 738--Jesup, City of; corporate limits --__----------..761, 773, 844, 1175, 1195

HB 739--Richmond County; secretary and clerk to

judges ---------------- --------......._ -- _ _...761, 773, 844, 1175, 1207

HB 740--Richmond County; certain employees

salary _ --

.._____.____------_------_-__.__.___757, 774, 843, 1175, 1208

HB 741--Richmond County; solicitor general, steno-clerks,

salaries .._..----------------------------. ...757, 774, 843, 1208

HB 742--Richmond County; city court judges secretary,

salary ____.-__.__-.___--..--------.______________----__------757, 774, 844, 1175, 1196

HB 743--Richmond County; city court solicitor's office

employees salary -- .----------------------._. .....758, 774, 844, 1175, 1208

HB 744--Richmond County; assistant solicitor city court,

salary ._.__ ... . __----------------_________.__.----..758, 774, 844, 1175, 1209

HB 745--Richmond County; create office of building

inspector _.--------------------------------___758, 775, 843, 1175, 1209, 1293

HB 746--Brunswick Judicial Circuit; assistant court

reporter __._.--------------------_---------------. 830, 837, 1168, 1311, 1342

HB 748--Cobb County; funds for law libraries.------__ 830, 837, 1168, 1311, 1342 HB 749--Cobb County; tax commissioner, chief

clerk's salary

..............

832, 837, 1168, 1311, 1342

HB 750--Cobb Judicial Circuit; judges salary.------.__ 830, 837, 1169, 1311, 1343

HB 751--Cobb County; certain officials salary......... __830, 838, 1169, 1311, 1343

HB 752--Alcoholic Beverages; unlawful to employ minor

where sold _ _ . _--------___1229, 1230, 1244, 1312, 1618, 1662

HB 754--Richmond County; board of roads and revenues

employee pensions .------------------_------832, 838, 1169, 1311, 1343

HB 755--Bacon County; chairman, board of roads and

revenues, salary --------------.------------------758, 775, 843, 1175, 1196

HB 756--Bacon County-Alma; create joint planning

commission .---- __..--------------__.................758, 775, 843, 1175, 1209

HB 757--Denton, City of; grant charter-----..--...758, 775, 843, 1175, 1210

1740

INDEX

HB 759--DeKalb County; merit system council

membership __...------ ...... 1158, 1166, 1247, 1310, 1328, 1598

HB 760--Ware County; tax collector's commissions___.830, 838, 1169, 1311, 1344

HB 761--Ware County; commissioner's receipts and

expenditures ..----------__----------------------831, 838, 1169, 1311, 1344

HB 762--Cobb County; treasurer's salary

.... . 831, 838, 1169, 1311, 1344

HB 763--Harris County; create small claims court ... 831, 838, 1169, 1311, 1345

HB 765--Rockmart, City of; election date for mayor

and council.-.--......_--_-.......________._._._...___.831, 839, 1170, 1311, 1345

HB 766--Jefferson, City of; annexation

and referendum ____--.._-_.._____------ 1160, 1231, 1244, 1310, 1332, 1661

HB 768--DeKalb County; certain officials' salary

__--_-.._.--.__.__--_.__._______----.._..-.__...----.1158, 1166, 1248, 1310, 1345

HB 769--Atlanta-Fulton Recreation Authority Act;

redefine ------..__----___._...------1157, 1166, 1248, 1268, 1276, 1310, 1595

HB 770--Hall County; board of roads and revenues,

members __.._........._..------..----------.-.-..1158, 1167, 1248, 1312, 1346

HB 771--White County; ordinary's salary ....."..----..1158, 1167, 1248, 1310, 1346

HB 772--Colquitt County; board of commissioners, retirement

certain personnel .......-----------...--........----....1160, 1165, 1247, 1346

HB 773--Bremen, City of; corporate limits --------_....---- 1158, 1165, 1247, 1311

HB 774--Warner Robins, City of; procedure, city court... 1158, 1165, 1247, 1311

HB 775--Walton County; certain officials salary ....1158, 1166, 1247, 1311, 1347

HB 776--Walton County; tax commissioner's

salary .............

_----------... 1158, 1166, 1247, 1311, 1347

HB 778--Waynesboro, City of; terms of

city court--............----_.._............----------.1159, 1166, 1247, 1311, 1347

HB 779--Hall County; certain officials salaries --1159, 1164, 1246, 1312, 1348

HB 780--Hall County; tax collector's salary ..........1159, 1165, 1246, 1312, 1348

HB 781--Sycamore, City of; corporate limits.----...-1159, 1165, 1246, 1311, 1348

HB 782--Irwin County; consolidate tax receiver and

collector's office ._.------.._._.........._...._.----_ 1159, 1165, 1246, 1311, 1349

HB 783--Ringgold, City of; create board of utility

commissioners _.._----.--____..__.._____.______--._--1159, 1165, 1247, 1311, 1349

HB 784--Athens, City of; building and house

codes .-..--.........--------_.._-............----.-----.1159, 1163, 1245, 1312, 1349

HB 785--Columbus, City of; marshall, municipal court,

salary -.--.------------------------------1159, 1164, 1245, 1312, 1350

HB 787--Warner Robins, City of; establish civil

service board ----------------..------------1160, 1164, 1246, 1312, 1350

HB 788--Centerville, City of; mayor and council,

election ----------........____---.----..- 1160, 1164, 1246, 1312, 1350

HB 789--Valdosta-Lowndes County; solicitor's

salary -..-.-_.-.----------.....-- --------------------1160, 1244, 1312, 1351

NUMERICAL INDEX

HOUSE RESOLUTIONS

HR 1--Notifying Senate House has conevned __.----_----------..........

..7

HR 2--Notifying Governor General Assembly has convened ---------------7, 9

HR 5--Joint Session; message from governor.--------------------------8, 9

HR 9--Ernest Geone; release from fi fas ------.------159, 166, 196, 410, 1253

HR 10--Ed Lonzo Smith; compensate ------------------494, 509, 571, 1172, 1470

HR 11--Gordon J. McGraw, Jr.; compensate._--------.....264, 272, 304, 852, 1114

HR 12--Mrs. Marjorie K. Knight; compensate ...------312, 319, 358, 851, 1115

HR 13--Parker-White Motors; compensate ------. ---- .495, 509, 571, 851, 1115

INDEX

1741

HR 14--Viet Nam; express sympathy with foreign policy_______--...--------_ 29, 34 HR 15--Armed Forces; priority air travel--_.....____------------__------__------__29, 34 HR 16--Joint Session; hear Senators Russell and Talmadge.--_._._----_..__...40, 41 HR 20--Public Corporation; issue revenue
obligations ------.__--....----------__----------------159, 166, 196, 1310, 1564 HR 23--Clayton Ramey; compensate --------------..------ 600, 629, 699, 851, 1116 HR 24--Gracewood State School and Hospital; loans
and scholarships _--.--.___------------------..------.289, 297, 327, 409, 1613 HR 26--Willard York; compensate ..--------------------.264, 272, 304, 851, 1471 HR 27--Fannin County Agriculture
Association; compensate ....__----------.--------264, 273, 304, 852, 1117 HR 28--Solicitor-General; elected in circuits ----.----185, 190, 221, 1249, 1567 HR 29--Superior Court Judge; elected in
circuits _..-...----..-.--------------------185, 190, 221, 551, 1249, 1569 HR 30--Otis David Hatchett; relieve as surety-------- 210, 217, 241, 281, 1580 HR 31--A. J. Martin; relieve as surety .------------------210, 217, 241, 281, 1580 HR 34--County Boards of Education and
Superintendents; election of ..--------------------634, 669, 703, 854, 1085 HR 36--Sales and Use Tax; ratify executive order ----96, 102, 128, 788, 1619 HR 37--Sales and Use Tax on Bibles; ratify
executive order.----------_._.--------------_---------- 96, 102, 128, 788, 1619 HR 38--Sales and Use Tax; certain personal property,
ratify executive order ------.__--__------------------------. 96, 103, 128, 788 HR 39--Air and Water Pollution Control; tax
exemption ----_________--__----------_------------288, 297, 327, 578, 1616 HR 40--Planning and Zoning Ordinances; governing
authorities enact _.__....--_.....--.......--......-..--------------.. 288, 297, 327 HR 41--L. H. Flowers; compensate --------__----.------ 264, 273, 304, 852, 1118 HR 42--Elbert County Development Authority;
create ....--....--.....---....._------_------__..73, 85, 111, 308, 1076, 1243 HR 43--Tattnall County; board of education,
election of members ..--....--,,.....----------.....------..73, 85, 111, 413, 916 HR 45--Grady Barfield; compensate _------..---------- 264, 273, 304, 852, 1118 HR 47--Herndon, T. R.; compensate .___......,.__.......____.......-264, 273, 304, 852, 1118 HR 48--Caldwell, Lt. T. E.; compensate __.._._..___._.__.___ 264, 273, 304, 852, 1120 HR 51--Jack W. Fambrough; compensate -------------- 264, 273, 304, 852, 1120 HR 52--Oglethorpe County; board of education
members, election --.--.-_.--.------------------_... 74, 85, 112, 413, 917 HR 55--J. Frank Lee; compensate ----------------------264, 273, 304, 852, 1121 HR 56--Washington County Sweet Potato
Association; compensate ----------------------264, 273, 304, 1172, 1475
HR 57--U. S. President and Vice President; relating to succession --......--_._.....----...--_.----_--_---..----------160, 166, 196
HR 58--Fulton County; regulate business in unincorporated areas --_--.------..--------------_....74, 85, 112, 170, 244
HR 59--Fulton County; sanitary land fills, unincorporated areas .....___...--------------------------74, 85, 112, 170, 246
HR 60--Fulton County; recreational activities in certain cities ____........------... .----------------------74, 85, 112, 170, 248
HR 62--East Point, City of; highway department convey certain property ----------------------159, 166, 308, 1561, 1659
HR 63--Mrs. Ola Burch; compensate.--------------312, 320, 358, 851, 1122 HR 64--W. H. Paradise; compensate ....--....----.-----312, 320, 358, 851, 1123 HR 65--Dr. James P. Brawley; congratulates.----------------------.----.55, 56 HR 71--Mrs. Patricia N. Boswell; compensate-...------.313, 320, 358, 851, 1123 HR 72--Mrs. Florence E. Roberts; compensate--.----.312, 320, 359, 852, 1124

1742

INDEX

HR 73--Cobb County; establish county manager

form of government .._._.--......_--...._.__.._..----.___ 96, 103, 129, 577, 920

HR 76--Morgan County; members, board

of education _.._.._______....--.__......--.__.....--___-...._.._.._.__97, 103, 129, 413, 921

HR 78--Douglas, City of; state convey certain

property to ____._--___.----__...__..._._____----__----._.___.551, 561, 641, 788, 1577

HR 79--W. L. Whittle and W. B. Garrison;

compensate ^.-......_-_.-...-_------.------------___.--313, 320, 359, 852, 1125

HR 80--Habersham County; board of education

building funds .

.-------- ..._......__......_159, 167, 196, 1175, 1352

HR 83--Georgia Air National Guard; commend _--__--_________---- 61, 62

HR 85--Douglasville-Douglas County Industrial Development

Authority; create ------------------.--------158, 167, 196, 308, 923

HR 86--Benjamin Clinton Tanner; compensate -------- 495, 509, 571, 852, 1126

HR 87--State Property; lease tract ------------.----.----289, 298, 327, 518, 584

HR 88--Camden County; stabilize property tax----------------158, 167, 196

HR 89--Camden County Development Authority;

create _----,,.._.----.-- ----..------------------------.158, 167, 197, 413, 926

HR 90--Charlton County; stabilize property tax ----------------158, 167, 197

HR 91--Folkston, City of; stabilize property tax ------------------158, 167, 197

HR 93--Den M. Acres, Jr., compensate .__--------------600, 629, 699, 852, 1126

HR 94--Mrs. Helen Martin; compensate ..--------------496, 509, 571, 852, 1127

HR 95--M. J. Gaddis; compensate --------------------.313, 320, 359, 851, 1128

HR 96--J. A. Jarvis; compensate ----------------------313, 320, 359, 851, 1473

HR 97--Brooks County Development Authority;

create -.-------------------------_____265, 274, 304, 413, 913

HR 98--Adairsville Development Authority; create.-......265, 274, 305, 413, 933

HR 110--Hon. Charles E. Stewart, Sr.; honor _..._.._------.--------_..97

HR 111--Alcohol Education Study Committee; create______1109, 1110, 1171

HR 112--Americus, City of; state convey

property ..........__._.__._.__.________388, 402, 463, 1177, 1578

HR 113--Woodbine Development Authority; create ___.265, 274, 305, 414, 938

HR 114--Chattooga County Development Authority;

create ----------------------.--__................265, 274, 305, 854, 943

HR 115--Worth County Industrial Development Authority;

create ..................__.__..........__......._._........._...159, 168, 197, 414, 948

HR 117--Cobb County; zoning and planning

commission ........_._.__..-............._._.__..._..._......_.169, 168, 197, 854, 953

HR 120--Rome Judicial Circuit; state library furnish

certain law books ....................__..........................288, 298, 327, 645, 754

HR 121--Floyd County; state library furnish

Georgia Laws ..,,_._....-_.....-.-....._.--.-____.289, 298, 328, 645, 754

HR 123--Emanuel County; convey certain tract

of land -- ..--.__.------------_---___--.....288, 298, 328, 518, 1580

HR 124--Telfair-Wheeler Airport; easement certain

property ..__.___...._-.__... ----------------_----------------_--..263, 788, 1236

HR 125--R. L. Millings; compensate----..---__.----..496, 509, 571, 852, 1129

HR 128--Income Tax; suspend for persons serving in

Viet Nam ...._._....._.__..____----_------------289, 298, 328, 788, 1620

HR 129--Atlanta Braves and Falcons; welcome--_---------------------. 122, 186

HR 136--Cohutta Talc Company; state convey

certain property ------------____--------.----264, 274, 305, 410, 582

HR 139--Brunswick-Glynn County; consolidate

government ____...________._.......__..__.._____265, 275, 305, 517, 955

HR 140--Chattooga County; board of education election,

terms of office ....___,,_.__.----------------------------------265, 275, 305

INDEX

1743

HR 148--Bibb County; state convey certain property..-.386, 402, 463, 584, 642

HR 149--Crime Prevention; indemnify private

citizens .

.----------------....496, 509, 571, 1250, 1594, 1661

HR 150--Franklin County; convey property to

Garner D. Crump ---------- .

. . 386, 402, 463, 788, 1620

HR 152--Toombs County Development Authority;

create ...............--......------------..............__ ........315, 320, 359, 577, 960

HR 153--Decatur County; easement certain property

in state park .-...............------_..........-------832, 839, 1170, 1312, 1581

HR 154--Gordon County Development Authority;

create --...--------,,-__..--------------------315, 321, 359, 517, 966

HR 156--Thomas County; convey land to

Wade E. Freeman

.------------ .832, 839, 1170, 1311, 1351

HR 157--Baldwin County; convey land to

St. Stephens Church ......----..----.----.-..-..-..-...449, 454, 516, 1176, 1232

HR 158--Baldwin County; convey land to Georgia

Military College -------------- . ..------... 347, 408, 1176, 1233

HR 161--Catoosa County; authority to levy taxes _---610, 630, 699, 1176, 1353

HR 162--Mrs. Glenn Hendrix; compensate -.------.......495, 513, 574, 852, 1129

HR 163--Muscogee County-Columbus; tax assessors-..--315, 321, 359, 414, 899

HR 164--Columbus-Muscogee Building Commission;

create --------------.._--.-----------------315, 321, 359, 854, 901, 1242

HR 166--Voter Registration; residency requirements---1228, 1245, 1310, 1570

HR 167--1st Cavalry Division; monument--..-------- ..601, 630, 699, 1176, 1581

HR 168--Charles L. Wilson; compensate------------.---495, 510, 571, 852, 1130

HR 169--Warren Marchialette; compensate --.----.----495, 510, 572, 852, 1131

HR 170--Marie Morgan and Bertha Wilkins;

compensate ----....................................------------495, 510, 572, 852, 1132

HR 171--Rev. James L. Travis; compensate......--------.495, 510, 572, 1172, 1473

HR 172--Doyle F. Whiteaker; compensate -----------495, 510, 572, 852, 1132

HR 174--Mr. and Mrs. R. E. Ward; compensate------ ,496, 510, 572, 852, 1133

HR 175--Mr. Samuel R. Smith; compensate ---------- 496, 510, 572, 852, 1134

HR 176--Raymond J. Wrinn; compensate .......------------495, 511, 572, 852, 1135

HR 177--Mr. and Mrs. S. C. Williams; compensate .----.600, 630, 699, 852, 1135

HR 180--Georgia High School Association and S. F. Burke;

commend ------------------------_---_-_,,_.-------------------- 266, 1161

HR 181--Mr. Johnny A. Brown; compensate ------------495, 511, 572, 851, 1136

HR 184--Bobby Gene Rocker; compensate --------------496, 511, 572, 852, 1137

HR 185--Wheeler County Development Authority;

create

.------ ..-----------------------.--391, 402, 463, 577, 968

HR 186--Montgomery County Development Authority;

create ..---.----.--._------.---.--------------.391, 402, 463, 577, 974

HR 187--Hall County; state convey certain property....449, 454, 516, 1176, 1620

HR 188--Columbia County; construction rights ...-------- 348, 354, 408, 645, 980

HR 189--Deputy Sheriff Dessie Kea; compensate------600, 630, 669, 852, 1138

HR 190--Muscogee County; consolidate certain departments --------.... ,,.----_._,,.-------- --------348, 354, 408, 645, 982

HR 191--Muscogee County-Columbus; establish single commission .,,.-_-----------------------..----348, 354, 409, 645, 985
HR 192--William Myers Brock; compensate -----------600, 630, 700, 852, 1138
HR 194--Wayne County; authority to levy tax ..-------- 348, 354, 409, 577, 987

HR 195--Hancock County Development Authority; create ------. -------------------------------- 348, 355, 409, 645, 989

HR 200--DeKalb County; garbage disposal .-----------.--------------348, 355, 409, 854, 1088, 1090, 1243

1744

INDEX

HE 201--Brunswick-Glynn County Development Authority; definitions ....--.._--_.--_..__....__...___--..489, 511, 572, 645, 995
HR 202--Chatham County; state convey easement-----449, 454, 516, 1250, 1581 HR 203--Cherokee County; regarding land _._____.__--_._._449, 455, 516, 1176, 1197 HR 204--Dade County; certain property
tax exempt -..--------.-..------...388, 403, 463, 577, 1111, 1310, 1469 HR 205--Hall County; appointment of school
superintendent _.-.._..._-.___----_...__._.-_.._388, 403, 463, 645, 997, 998, 1243 HR 206--Treutlen County Development Authority;
create --.....---...--.--.----......----.--_.._-.----.391, 403, 464, 577, 1000 HR 208--Carl Green; compensate _..---_..-..-.._------..496, 511, 573, 852, 1139 HR 209--DeKalb County; support animal agencies_______----_-390, 403, 464 HR 212--Mrs. Jacquelyn S. Horen; compensate .--.--.-496, 511, 573, 852, 1140 HR 214--Mr. L. L. Rhoden, Jr.; compensate---------.496, 511, 573, 1172, 1474 HR 215--Dublin-Laurens County School System;
create -----..----------------------.------.--.-.390, 403, 464, 577, 1005 HR 216--Bibb County; retirement plan ...__....__...__..._.......390, 403, 464, 517, 1008 HR 217--Bibb County; recreation system..----------------390, 404, 464, 517, 1011 HR 218--Bibb County; employees' insurance _......_...__...-- 390, 404, 464, 517, 1013 HR 220--Marietta, City of; indebtedness for school
purposes _.__--__--_--_.--------_.__----.--------------391, 404, 464, 577, 1015 HR 221--Henry County; appointment of school
superintendent .......------.------.__....------------391, 404, 465, 577, 1017 HR 222--Henry County Development Authority;
create ..._.._...___.._._....___..__...._...--.--------...._...__....391, 404, 465, 577, 1019 HR 223--Henry County; board of education,
terms of office ..___...__...._....__....__...........--......._.._. 391, 404, 465, 577, 1022 HR 225--Chatham County; tax equalization .......................__...490, 511, 573, 1312 HR 227--William T. Bell; compensate ..............................600, 630, 700, 852, 1141 HR 229--Joe B. Bunch; compensate --...__...._...----------..601, 630, 700, 852, 1142 HR 230--William Walraven; compensate _______...___..___...__.._601, 630, 700, 852, 1142 HR 231--Easter Faye Garrett; compensate _....__._._,,.._..601, 631, 700, 852, 1143 HR 232--Athens-Clarke County; consolidation of
government _--__--.--..._--_--.___..------..---------- 490, 512, 573, 786, 1024 HR 241--Rockdale County; debt limitation.-.....--.--.... 490, 512, 573, 645, 1029 HR 242--Gwinnett County; sewerage and fire
protection districts ..___......__..._...,,....--.._._...--..--.490, 512, 573, 645, 1030 HR 243--Brunswick, City of; tax certain
property ..--..._..........-.._....--..___...-._----611, 631, 700, 1064, 1411, 1660 HR 244--State Property Control Commission;
surplus property --------------____----------...........602, 631, 700, 1176, 1621 HR 246--Floyd County; water, sewerage and fire
protection districts ----_--------.----...------..----490, 512, 573, 645, 1033 HR 247--Floyd County; construct roads, streets with cost
to property owners ....._....___..--....__.......................489, 512, 574, 645, 1035 HR 249--Alan Vaughter; compensate ......,,......--...---.--.......601, 631, 852, 1144
HR 250--Chattahoochee County; business license .--.--..._....--...._....--.........----.....--489, 513, 574, 700, 786, 1038
HR 251--J. W. Keith; compensate .--..-_...._._.--_...--.....601, 631, 700, 852, 1145
HR 252--Daniel L. Sailors; compensate ----------------601, 631, 700, 853, 1145
HR 255--Clarke County; membership, board of education ....--.._._..--...__....--..--.........._......_...490, 513, 574, 787, 1040
HR 259--A. L. Hyde and Harold Hyde; compensate..... 601, 631, 701, 853, 1146
HR 260--Clyde Glore; compensate .........--.._-...------601, 632, 701, 853, 1147
HR 262--Present Governor's Mansion; authorize disposal of .--1228, 1231, 1245

INDEX

1745

HR 263--Monroe County Development Authority;

create ------------.-------------------------.-611, 632, 701, 1176, 1355

HR 264--Cobb County; electors qualifications _----------.-- ...-- 611, 632, 701

HR 265--Heard County Development Authority;

create --.-.----.---..---_ ..---------------611, 632, 701, 1175, 1360

HR 266--Cordele, City of; streets, assess property

owners .---..---.__---.---__._,,------------612, 632, 701, 1176, 1366

HR 267--Monroe, City of; convey certain property------------------ 634, 669, 703

HR 271--Crawford County; combine clerk and

ordinary's office ._.__..... __--------------------- 612, 632, 701, 787, 1053

HR 272--Winder-Barrow County; merge school

systems ----.------.---------------------612, 633, 701, 1175, 1418, 1662

HR 273--Statesboro-Bulloch County Development

Authority; create --------------------------611, 633, 702, 787, 1042, 1275

HR 274--Coweta County Development Authority;

create -..------611, 633, 702, 1175, 1428, 1461, 1602, 1603, 1638, 1664

HR 277--L. P. Grant Property; urge State to acquire -------------- 834, 1161

HR 281--Vidalia Development Authority; extension

activities -.-------.---...._------------------612, 633, 702, 1176, 1368

HR 282--Federal Funds; administer pursuant to

terms of grant ,,--------------------------555, 561, 1177, 1512, 1661

HR 283--Whitfield County; regulate hauling and

dumping _--.----------------------------612, 633, 702, 1176, 1370

HR 284--Clayton County; levy tax to encourage

industry _ -

._

.

612, 633, 702, 1176, 1372

HR 285--Jenkins County; convey land for fish

hatchery ..._....___._....____..------------------------613, 634, 702, 1250, 1582

HR 287--Rivers and Harbors Development Commission;

create ........_...._------ -------601, 634, 703, 1177, 1214, 1297, 1579, 1630

HR 288--Elbert County; recreation program------------678, 686, 783, 1175, 1373

HR 289--Murray County Industrial Development Authority;

create; ----___._.._____.....------_______.___-__-______._______-.678, 686, 783, 1176, 1375

HR 290--Appling County Industrial Authority;

create

,,----------------

678, 686, 784, 787, 1071

HR 291--Cherokee County Development Authority;

create ----.----------------------------------678, 687, 784, 1176, 1381

HR 293--DeKalb County; reimburse partial police cost-----__------ 679, 687, 784

HR 295--Pike County; appointment of school

superintendent ..------------ ---- ---------------- 679, 687, 784, 1176, 1434

HR 297--Metropolitan Area Water Quality Control

Commission; establish ------------------766, 770, 1250, 1556, 1600, 1602

HR 298--County Government; powers ----------------------762, 1250, 1609, 1662

HR 299--Home Rule for Counties; powers -----------------.766, 770, 1250, 1572

HR 301--Traffic Safety Interim Study Committee;

create --.-------...--------.----------------------1228, 1231, 1245

HR 309--Sonoco Products Company; lease State property-______ 1109, 1110, 1171 HR 316--Pulaski County-Hawkinsville Development
Authority; create -------------------------759, 775, 843, 1176, 1385

HR 319--Bleekley-Cochran Industrial Development Authority; create --.--------------------759, 770, 842, 1176, 1437, 1660

HR 320--Gwinnett County; manager form of government ...,,.--.----...-.----------------759, 770, 842, 1312, 1390

HR 321--Catoosa County Development Authority; create --------..-----------------------831, 839, 1170, 1311, 1402

HR 323--Mr. Wilbur G. Kurtz, Sr.; compensate ---------1229, 1230, 1244, 1314

1746

INDEX

HR 326--Ware County; vacancies, board of

education ,,..___._--___-------_----------..----.831, 839, 1170, 1311, 1407

HR 327--Cobb County; bonds for sidewalks.-.-----.831, 839, 1170, 1311, 1409

HR 334--A. M. (Tonto) Coleman; commend........------...___--------.------680, 1161

HR 345--Gwinnett County; clerk issue criminal

warrants ----------.__------------- 1160, 1164, 1232, 1246, 1312, 1442

HR 346--School Lunch Purposes; state taxation --. -- _._ 1228, 1231, 1245

HR 347--Grady County; conveyance of tract of state-

owned property .......----------------------_--1229, 1230, 1244, 1310, 1582

HR 348--Fulton County; transfer of certain real

property .

..

.................. .-----1228, 1231, 1245, 1582

HR 360--Georgia Society, Children American Revolution; commend--...834, 1161

HR 361--Honorable Johnny Mercer; express appreciation to ---------834, 1162

HR 365--State Game and Fish Commission; dove zones ....--------------834, 1162